Public Act 101-0081

HB3249 Enrolled LRB101 07760 AMC 52809 b

AN ACT to revise the law by combining multiple enactments

and making technical corrections.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Nature of this Act.

(a) This Act may be cited as the First 2019 General

Revisory Act.

(b) This Act is not intended to make any substantive change

in the law. It reconciles conflicts that have arisen from

multiple amendments and enactments and makes technical

corrections and revisions in the law.

This Act revises and, where appropriate, renumbers certain

Sections that have been added or amended by more than one

Public Act. In certain cases in which a repealed Act or Section

has been replaced with a successor law, this Act may

incorporate amendments to the repealed Act or Section into the

successor law. This Act also corrects errors, revises

cross-references, and deletes obsolete text.

(c) In this Act, the reference at the end of each amended

Section indicates the sources in the Session Laws of Illinois

that were used in the preparation of the text of that Section.

The text of the Section included in this Act is intended to

include the different versions of the Section found in the

Public Acts included in the list of sources, but may not

include other versions of the Section to be found in Public

Acts not included in the list of sources. The list of sources

is not a part of the text of the Section.

(d) Public Acts 100-534 through 100-1177 were considered in

the preparation of the combining revisories included in this

Act. Many of those combining revisories contain no striking or

underscoring because no additional changes are being made in

the material that is being combined.

Section 5. The Regulatory Sunset Act is amended by changing

Sections 4.29 and 4.39 as follows:

(5 ILCS 80/4.29)

Sec. 4.29. Act Acts repealed on December 31, 2019. The

following Act is repealed on December 31, 2019:

The Medical Practice Act of 1987.

(Source: P.A. 100-429, eff. 8-25-17; 100-716, eff. 8-3-18;

100-796, eff. 8-10-18; revised 9-6-18.)

(5 ILCS 80/4.39)

Sec. 4.39. Acts Act repealed on January 1, 2029 and

December 31, 2029.

(a) The following Act is repealed on January 1, 2029:

The Environmental Health Practitioner Licensing Act.

(b) The following Act is repealed on December 31, 2029:

The Structural Pest Control Act.

(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;

revised 9-6-18.)

Section 10. The Illinois Administrative Procedure Act is

amended by changing Sections 5-30, 10-25, 10-50, and 10-75 as

follows:

(5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)

Sec. 5-30. Regulatory flexibility. When an agency proposes

a new rule or an amendment to an existing rule that may have an

impact on small businesses, not for profit corporations, or

small municipalities, the agency shall do each of the

following:

(a) The agency shall consider each of the following

methods for reducing the impact of the rulemaking on small

businesses, not for profit corporations, or small

municipalities. The agency shall reduce the impact by

utilizing one or more of the following methods if it finds

that the methods are legal and feasible in meeting the

statutory objectives that are the basis of the proposed

rulemaking.

(1) Establish less stringent compliance or

reporting requirements in the rule for small

businesses, not for profit corporations, or small

municipalities.

(2) Establish less stringent schedules or

deadlines in the rule for compliance or reporting

requirements for small businesses, not for profit

corporations, or small municipalities.

(3) Consolidate or simplify the rule's compliance

or reporting requirements for small businesses, not

for profit corporations, or small municipalities.

(4) Establish performance standards to replace

design or operational standards in the rule for small

businesses, not for profit corporations, or small

municipalities.

(5) Exempt small businesses, not for profit

corporations, or small municipalities from any or all

requirements of the rule.

(b) Before or during the notice period required under

subsection (b) of Section 5-40, the agency shall provide an

opportunity for small businesses, not for profit

corporations, or small municipalities to participate in

the rulemaking process. The agency shall utilize one or

more of the following techniques. These techniques are in

addition to other rulemaking requirements imposed by this

Act or by any other Act.

(1) The inclusion in any advance notice of possible

rulemaking of a statement that the rule may have an

impact on small businesses, not for profit

corporations, or small municipalities.

(2) The publication of a notice of rulemaking in

publications likely to be obtained by small

businesses, not for profit corporations, or small

municipalities.

(3) The direct notification of interested small

businesses, not for profit corporations, or small

municipalities.

(4) The conduct of public hearings concerning the

impact of the rule on small businesses, not for profit

corporations, or small municipalities.

(5) The use of special hearing or comment

procedures to reduce the cost or complexity of

participation in the rulemaking by small businesses,

not for profit corporations, or small municipalities.

(c) Prior to the filing for publication in the Illinois

Register of any proposed rule or amendment that may have an

adverse impact on small businesses, each agency must

prepare an economic impact analysis which shall be filed

with the proposed rule and publicized in the Illinois

Register together with the proposed rule. The economic

impact analysis shall include the following:

(1) An identification of the types and estimate of

the number of the small businesses subject to the

proposed rule or amendment. The agency shall identify

the types of businesses subject to the proposed rule

using the following 2-digit codes from the North

American Industry Classification System (NAICS):

11 Agriculture, Forestry, Fishing and Hunting.

21 Mining.

22 Utilities.

23 Construction.

31-33 Manufacturing.

42 Wholesale Trade.

44-45 Retail Trade.

48-49 Transportation and Warehousing.

51 Information.

52 Finance and Insurance.

53 Real Estate Rental and Leasing.

54 Professional, Scientific, and Technical

Services.

55 Management of Companies and Enterprises.

56 Administrative and Support and Waste

Management and Remediation Services.

61 Educational Services.

62 Health Care and Social Assistance.

71 Arts, Entertainment, and Recreation.

72 Accommodation and Food Services.

81 Other Services (except Public

Administration).

92 Public Administration.

The agency shall also identify the impact of the

proposed rule by identifying as many of the following

categories that the agency reasonably believes the

proposed rule will impact:

A. Hiring and additional staffing.

B. Regulatory requirements.

C. Purchasing.

D. Insurance changes.

E. Licensing fees.

F. Equipment and material needs.

G. Training requirements.

H. Recordkeeping Record keeping.

I. Compensation and benefits.

J. Other potential impacted categories.

(2) The projected reporting, recordkeeping, and

other administrative costs required for compliance

with the proposed rule or amendment, including the type

of professional skills necessary for preparation of

the report or record.

(3) A statement of the probable positive or

negative economic effect on impacted small businesses.

(4) A description of any less intrusive or less

costly alternative methods of achieving the purpose of

the proposed rule or amendment. The alternatives must

be consistent with the stated objectives of the

applicable statutes and the proposed rulemaking.

The Department of Commerce and Economic Opportunity

shall place notification of all proposed rules affecting

small business on its website. The notification shall

include the information provided by the agency under this

subsection (c) together with the summary of the proposed

rule published by the Joint Committee on Administrative

Rules in the Flinn Report.

The Business Assistance Office shall prepare an impact

analysis of the rule or amendment describing its effect on

small businesses whenever the Office believes, in its

discretion, that an analysis is warranted or whenever

requested to do so by 25 interested persons, an association

representing at least 100 interested persons, the

Governor, a unit of local government, or the Joint

Committee on Administrative Rules. The impact analysis

shall be completed before or within the notice period as

described in subsection (b) of Section 5-40. Upon

completion of any analysis in accordance with this

subsection (c), the preparing agency or the Business

Assistance Office shall submit the analysis to the Joint

Committee on Administrative Rules, to any interested

person who requested the analysis, and, if the agency

prepared the analysis, to the Business Assistance Office.

For purposes of this subsection (c), "small business"

means a business with fewer than 50 full-time employees or

less than $4,000,000 in gross annual sales.

This subsection does not apply to rules and standards

described in paragraphs (1) through (5) of subsection (c)

of Section 1-5.

(Source: P.A. 100-688, eff. 1-1-19; revised 10-10-18.)

(5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)

Sec. 10-25. Contested cases; notice; hearing.

(a) In a contested case, all parties shall be afforded an

opportunity for a hearing after reasonable notice. The notice

shall be served personally, by certified or registered mail, by

email as provided by Section 10-75, or as otherwise provided by

law upon the parties or their agents appointed to receive

service of process and shall include the following:

(1) A statement of the time, place, and nature of the

hearing.

(2) A statement of the legal authority and jurisdiction

under which the hearing is to be held.

(3) A reference to the particular Sections of the

substantive and procedural statutes and rules involved.

(4) Except where a more detailed statement is otherwise

provided for by law, a short and plain statement of the

matters asserted, the consequences of a failure to respond,

and the official file or other reference number.

(5) To the extent such information is available, the

names, phone numbers, email addresses, and mailing

addresses of the administrative law judge, or designated

agency contact, the parties, and all other persons to whom

the agency gives notice of the hearing unless otherwise

confidential by law.

(b) An opportunity shall be afforded all parties to be

represented by legal counsel and to respond and present

evidence and argument.

(c) Unless precluded by law, disposition may be made of any

contested case by stipulation, agreed settlement, consent

order, or default.

(Source: P.A. 100-880, eff. 1-1-19; revised 10-10-18.)

(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)

Sec. 10-50. Decisions and orders.

(a) A final decision or order adverse to a party (other

than the agency) in a contested case shall be in writing or

stated in the record. A final decision shall include findings

of fact and conclusions of law, separately stated. Findings of

fact, if set forth in statutory language, shall be accompanied

by a concise and explicit statement of the underlying facts

supporting the findings. If, in accordance with agency rules, a

party submitted proposed findings of fact, the decision shall

include a ruling upon each proposed finding. Parties or their

agents appointed to receive service of process shall be

notified either personally, by registered or certified mail, or

by email as provided by Section 10-75, or as otherwise provided

by law. Upon request a copy of the decision or order shall be

delivered or mailed forthwith to each party and to his attorney

of record.

(b) All agency orders shall specify whether they are final

and subject to the Administrative Review Law. Every final order

shall contain a list of all parties of record to the case

including the name and address of the agency or officer

entering the order and the addresses of each party as known to

the agency where the parties may be served with pleadings,

notices, or service of process for any review or further

proceedings. Every final order shall also state whether the

rules of the agency require any motion or request for

reconsideration and cite the rule for the requirement. The

changes made by this amendatory Act of the 100th General

Assembly apply to all actions filed under the Administrative

Review Law on or after the effective date of this amendatory

Act of the 100th General Assembly.

(c) A decision by any agency in a contested case under this

Act shall be void unless the proceedings are conducted in

compliance with the provisions of this Act relating to

contested cases, except to the extent those provisions are

waived under Section 10-70 and except to the extent the agency

has adopted its own rules for contested cases as authorized in

Section 1-5.

(Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19;

revised 10-10-18.)

(5 ILCS 100/10-75)

Sec. 10-75. Service by email.

(a) The following requirements shall apply for consenting

to accept service by email:

(1) At any time either before or after its issuance of

a hearing notice as described in Section 10-25, an agency

may require any attorney representing a party to the

hearing to provide one or more email addresses at which he

or she they shall accept service of documents described in

Sections 10-25 and 10-50 in connection with the hearing. A

party represented by an attorney may provide the email

address of the attorney.

(2) To the extent a person or entity is subject to

licensure, permitting, or regulation by the agency, or

submits an application for licensure or permitting to the

agency, that agency may require, as a condition of such

application, licensure, permitting, or regulation, that

such persons or entities consent to service by email of the

documents described in Sections 10-25 and 10-50 for any

hearings that may arise in connection with such

application, licensure or regulation, provided that the

agency: (i) requires that any person or entity providing

such an email address update that email address if it is

changed; and (ii) annually verifies that email address.

(3) At any time either before or after its issuance of

a hearing notice as described in Section 10-25, an agency

may request, but not require, an unrepresented party that

is not subject to paragraph (2) of this subsection (a) to

consent to accept service by email of the documents

described in Sections 10-25 and 10-50 by designating an

email address at which they will accept service.

(4) Any person or entity who submits an email address

under this Section shall also be given the option to

designate no more than two secondary email addresses at

which the person or entity consents to accept service,

provided that, if any secondary email address is

designated, an agency must serve the documents to both the

designated primary and secondary email addresses.

(b) Notwithstanding any party's consent to accept service

by email, no document described in Section Sections 10-25 or

10-50 may be served by email to the extent the document

contains:

(1) a Social Security or individual taxpayer

identification number;

(2) a driver's license number;

(3) a financial account number;

(4) a debit or credit card number;

(5) any other information that could reasonably be

deemed personal, proprietary, confidential, or trade

secret information; or

(6) any information about or concerning a minor.

(c) Service by email is deemed complete on the day of

transmission. Agencies that use email to serve documents under

Sections 10-25 and 10-50 shall adopt rules that specify the

standard for confirming delivery, and in failure to confirm

delivery, what steps the agency will take to ensure that

service by email or other means is accomplished.

(d) This Section shall not apply with respect to any

service of notice other than under this Act.

(Source: P.A. 100-880, eff. 1-1-19; revised 10-10-18.)

Section 15. The Freedom of Information Act is amended by

changing Sections 3 and 7.5 as follows:

(5 ILCS 140/3) (from Ch. 116, par. 203)

Sec. 3. (a) Each public body shall make available to any

person for inspection or copying all public records, except as

otherwise provided in Sections 7 and 8.5 of this Act.

Notwithstanding any other law, a public body may not grant to

any person or entity, whether by contract, license, or

otherwise, the exclusive right to access and disseminate any

public record as defined in this Act.

(b) Subject to the fee provisions of Section 6 of this Act,

each public body shall promptly provide, to any person who

submits a request, a copy of any public record required to be

disclosed by subsection (a) of this Section and shall certify

such copy if so requested.

(c) Requests for inspection or copies shall be made in

writing and directed to the public body. Written requests may

be submitted to a public body via personal delivery, mail,

telefax, or other means available to the public body. A public

body may honor oral requests for inspection or copying. A

public body may not require that a request be submitted on a

standard form or require the requester to specify the purpose

for a request, except to determine whether the records are

requested for a commercial purpose or whether to grant a

request for a fee waiver. All requests for inspection and

copying received by a public body shall immediately be

forwarded to its Freedom of Information officer or designee.

(d) Each public body shall, promptly, either comply with or

deny a request for public records within 5 business days after

its receipt of the request, unless the time for response is

properly extended under subsection (e) of this Section. Denial

shall be in writing as provided in Section 9 of this Act.

Failure to comply with a written request, extend the time for

response, or deny a request within 5 business days after its

receipt shall be considered a denial of the request. A public

body that fails to respond to a request within the requisite

periods in this Section but thereafter provides the requester

with copies of the requested public records may not impose a

fee for such copies. A public body that fails to respond to a

request received may not treat the request as unduly burdensome

under subsection (g).

(e) The time for response under this Section may be

extended by the public body for not more than 5 business days

from the original due date for any of the following reasons:

(i) the requested records are stored in whole or in

part at other locations than the office having charge of

the requested records;

(ii) the request requires the collection of a

substantial number of specified records;

(iii) the request is couched in categorical terms and

requires an extensive search for the records responsive to

it;

(iv) the requested records have not been located in the

course of routine search and additional efforts are being

made to locate them;

(v) the requested records require examination and

evaluation by personnel having the necessary competence

and discretion to determine if they are exempt from

disclosure under Section 7 of this Act or should be

revealed only with appropriate deletions;

(vi) the request for records cannot be complied with by

the public body within the time limits prescribed by

subsection (d) paragraph (c) of this Section without unduly

burdening or interfering with the operations of the public

body;

(vii) there is a need for consultation, which shall be

conducted with all practicable speed, with another public

body or among 2 two or more components of a public body

having a substantial interest in the determination or in

the subject matter of the request.

The person making a request and the public body may agree

in writing to extend the time for compliance for a period to be

determined by the parties. If the requester and the public body

agree to extend the period for compliance, a failure by the

public body to comply with any previous deadlines shall not be

treated as a denial of the request for the records.

(f) When additional time is required for any of the above

reasons, the public body shall, within 5 business days after

receipt of the request, notify the person making the request of

the reasons for the extension and the date by which the

response will be forthcoming. Failure to respond within the

time permitted for extension shall be considered a denial of

the request. A public body that fails to respond to a request

within the time permitted for extension but thereafter provides

the requester with copies of the requested public records may

not impose a fee for those copies. A public body that requests

an extension and subsequently fails to respond to the request

may not treat the request as unduly burdensome under subsection

(g).

(g) Requests calling for all records falling within a

category shall be complied with unless compliance with the

request would be unduly burdensome for the complying public

body and there is no way to narrow the request and the burden

on the public body outweighs the public interest in the

information. Before invoking this exemption, the public body

shall extend to the person making the request an opportunity to

confer with it in an attempt to reduce the request to

manageable proportions. If any public body responds to a

categorical request by stating that compliance would unduly

burden its operation and the conditions described above are

met, it shall do so in writing, specifying the reasons why it

would be unduly burdensome and the extent to which compliance

will so burden the operations of the public body. Such a

response shall be treated as a denial of the request for

information.

Repeated requests from the same person for the same records

that are unchanged or identical to records previously provided

or properly denied under this Act shall be deemed unduly

burdensome under this provision.

(h) Each public body may promulgate rules and regulations

in conformity with the provisions of this Section pertaining to

the availability of records and procedures to be followed,

including:

(i) the times and places where such records will be

made available, and

(ii) the persons from whom such records may be

obtained.

(i) The time periods for compliance or denial of a request

to inspect or copy records set out in this Section shall not

apply to requests for records made for a commercial purpose,

requests by a recurrent requester, or voluminous requests. Such

requests shall be subject to the provisions of Sections 3.1,

3.2, and 3.6 of this Act, as applicable.

(Source: P.A. 98-1129, eff. 12-3-14; revised 9-17-18.)

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for

by the statutes referenced below, the following shall be exempt

from inspection and copying:

(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and

Development Act.

(b) Library circulation and order records identifying

library users with specific materials under the Library

Records Confidentiality Act.

(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation

Procedures Board and any and all documents or other records

prepared by the Experimental Organ Transplantation

Procedures Board or its staff relating to applications it

has received.

(d) Information and records held by the Department of

Public Health and its authorized representatives relating

to known or suspected cases of sexually transmissible

disease or any information the disclosure of which is

restricted under the Illinois Sexually Transmissible

Disease Control Act.

(e) Information the disclosure of which is exempted

under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of

the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted

and exempted under Section 50 of the Illinois Prepaid

Tuition Act.

(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and

records of any lawfully created State or local inspector

general's office that would be exempt if created or

obtained by an Executive Inspector General's office under

that Act.

(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a local

emergency energy plan ordinance that is adopted under

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

(j) Information and data concerning the distribution

of surcharge moneys collected and remitted by carriers

under the Emergency Telephone System Act.

(k) Law enforcement officer identification information

or driver identification information compiled by a law

enforcement agency or the Department of Transportation

under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential

health care facility resident sexual assault and death

review team or the Executive Council under the Abuse

Prevention Review Team Act.

(m) Information provided to the predatory lending

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent

authorized under that Article.

(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial

counsel as provided under Sections 10 and 15 of the Capital

Crimes Litigation Act. This subsection (n) shall apply

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

prosecution chooses not to pursue the death penalty prior

to trial or sentencing.

(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and

Hazardous Substances Registry Act.

(p) Security portions of system safety program plans,

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

information compiled, collected, or prepared by or for the

Regional Transportation Authority under Section 2.11 of

the Regional Transportation Authority Act or the St. Clair

County Transit District under the Bi-State Transit Safety

Act.

(q) Information prohibited from being disclosed by the

Personnel Record Records Review Act.

(r) Information prohibited from being disclosed by the

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted

under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information

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

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

the Illinois Health Information Exchange, and identified

or deidentified health information in the form of health

data and medical records of the Illinois Health Information

Exchange in the possession of the Illinois Health

Information Exchange Authority due to its administration

of the Illinois Health Information Exchange. The terms

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

meaning as in the Health Insurance Portability and

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

subsequent amendments thereto, and any regulations

promulgated thereunder.

(u) Records and information provided to an independent

team of experts under the Developmental Disability and

Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed Carry

Licensing Review Board under the Firearm Concealed Carry

Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of an

eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from

disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement

Officer-Worn Body Camera Act, except to the extent

authorized under that Act.

(dd) Information that is prohibited from being

disclosed under Section 45 of the Condominium and Common

Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure

under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure

under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being

disclosed under Section 7-603.5 of the Illinois Vehicle

Code.

(hh) Records that are exempt from disclosure under

Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure

under Section 2505-800 of the Department of Revenue Law of

the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be

submitted to the Department of Labor by registering day and

temporary labor service agencies but are exempt from

disclosure under subsection (a-1) of Section 45 of the Day

and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the

Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted

and exempted under Section 5-30.8 of the Illinois Public

Aid Code.

(mm) (ll) Records that are exempt from disclosure under

Section 4.2 of the Crime Victims Compensation Act.

(nn) (ll) Information that is exempt from disclosure

under Section 70 of the Higher Education Student Assistance

Act.

(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,

eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;

99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised

10-12-18.)

Section 20. The Illinois Notary Public Act is amended by

changing Section 7-108 as follows:

(5 ILCS 312/7-108) (from Ch. 102, par. 207-108)

Sec. 7-108. Reprimand, suspension, and revocation of

commission.

(a) The Secretary of State may revoke the commission of any

notary public who, during the current term of appointment:

(1) submits an application for commission and

appointment as a notary public which contains substantial

and material misstatement or omission of fact; or

(2) is convicted of any felony, misdemeanors,

including those defined in Part C, Articles 16, 17, 18, 19,

and 21, and Part E, Articles 31, 32, and 33 of the Criminal

Code of 2012, or official misconduct under this Act.

(b) Whenever the Secretary of State believes that a

violation of this Article has occurred, he or she may

investigate any such violation. The Secretary may also

investigate possible violations of this Article upon a signed

written complaint on a form designated by the Secretary.

(c) A notary's failure to cooperate or respond to an

investigation by the Secretary of State is a failure by the

notary to fully and faithfully discharge the responsibilities

and duties of a notary and shall result in suspension or

revocation of the notary's commission.

(d) All written complaints which on their face appear to

establish facts which, if proven true, would constitute an act

of misrepresentation or fraud in notarization or on the part of

the notary shall be investigated by the Secretary of State to

determine whether cause exists to reprimand, suspend, or revoke

the commission of the notary.

(e) The Secretary of State may deliver a written official

warning and reprimand to a notary, or may revoke or suspend a

notary's commission, for any of the following:

(1) a notary's official misconduct, as defined under

Section 7-104;

(2) any ground for which an application for appointment

as a notary may be denied for failure to complete

application requirements as provided under Section 2-102;

(3) any prohibited act provided under Section 6-104; or

(4) a violation of any provision of the general

statutes.

(f) After investigation and upon a determination by the

Secretary of State that one or more prohibited acts have has

been performed in the notarization of a document, the Secretary

shall, after considering the extent of the prohibited act and

the degree of culpability of the notary, order one or more of

the following courses of action:

(1) issue a letter of warning to the notary, including

the Secretary's findings;

(2) order suspension of the commission of the notary

for a period of time designated by the Secretary;

(3) order revocation of the commission of the notary;

(4) refer the allegations to the appropriate State's

Attorney's Office or the Attorney General for criminal

investigation; or

(5) refer the allegations to the Illinois Attorney

Registration and Disciplinary Commission for disciplinary

proceedings.

(g) After a notary receives notice from the Secretary of

State that his or her commission has been revoked, that notary

shall immediately deliver his or her official seal to the

Secretary.

(h) A notary whose appointment has been revoked due to a

violation of this Act shall not be eligible for a new

commission as a notary public in this State for a period of at

least 5 years from the date of the final revocation.

(i) A notary may voluntarily resign from appointment by

notifying the Secretary of State in writing of his or her

intention to do so, and by physically returning his or her

stamp to the Secretary. A voluntary resignation shall not stop

or preclude any investigation into a notary's conduct, or

prevent further suspension or revocation by the Secretary, who

may pursue any such investigation to a conclusion and issue any

finding.

(j) Upon a determination by a sworn law enforcement officer

that the allegations raised by the complaint are founded, and

the notary has received notice of suspension or revocation from

the Secretary of State, the notary is entitled to an

administrative hearing.

(k) The Secretary of State shall adopt administrative

hearing rules applicable to this Section that are consistent

with the Illinois Administrative Procedure Act.

(Source: P.A. 100-809, eff. 1-1-19; revised 10-10-18.)

Section 25. The State Employee Indemnification Act is

amended by changing Section 1 as follows:

(5 ILCS 350/1) (from Ch. 127, par. 1301)

Sec. 1. Definitions. For the purpose of this Act:

(a) The term "State" means the State of Illinois, the

General Assembly, the court, or any State office, department,

division, bureau, board, commission, or committee, the

governing boards of the public institutions of higher education

created by the State, the Illinois National Guard, the Illinois

State Guard, the Comprehensive Health Insurance Board, any

poison control center designated under the Poison Control

System Act that receives State funding, or any other agency or

instrumentality of the State. It does not mean any local public

entity as that term is defined in Section 1-206 of the Local

Governmental and Governmental Employees Tort Immunity Act or a

pension fund.

(b) The term "employee" means: any present or former

elected or appointed officer, trustee or employee of the State,

or of a pension fund; any present or former commissioner or

employee of the Executive Ethics Commission or of the

Legislative Ethics Commission; any present or former

Executive, Legislative, or Auditor General's Inspector

General; any present or former employee of an Office of an

Executive, Legislative, or Auditor General's Inspector

General; any present or former member of the Illinois National

Guard while on active duty; any present or former member of the

Illinois State Guard while on State active duty; individuals or

organizations who contract with the Department of Corrections,

the Department of Juvenile Justice, the Comprehensive Health

Insurance Board, or the Department of Veterans' Affairs to

provide services; individuals or organizations who contract

with the Department of Human Services (as successor to the

Department of Mental Health and Developmental Disabilities) to

provide services including but not limited to treatment and

other services for sexually violent persons; individuals or

organizations who contract with the Department of Military

Affairs for youth programs; individuals or organizations who

contract to perform carnival and amusement ride safety

inspections for the Department of Labor; individuals who

contract with the Office of the State's Attorneys Appellate

Prosecutor to provide legal services, but only when performing

duties within the scope of the Office's prosecutorial

activities; individual representatives of or designated

organizations authorized to represent the Office of State

Long-Term Ombudsman for the Department on Aging; individual

representatives of or organizations designated by the

Department on Aging in the performance of their duties as adult

protective services agencies or regional administrative

agencies under the Adult Protective Services Act; individuals

or organizations appointed as members of a review team or the

Advisory Council under the Adult Protective Services Act;

individuals or organizations who perform volunteer services

for the State where such volunteer relationship is reduced to

writing; individuals who serve on any public entity (whether

created by law or administrative action) described in paragraph

(a) of this Section; individuals or not for profit

organizations who, either as volunteers, where such volunteer

relationship is reduced to writing, or pursuant to contract,

furnish professional advice or consultation to any agency or

instrumentality of the State; individuals who serve as foster

parents for the Department of Children and Family Services when

caring for youth in care as defined in Section 4d of the

Children and Family Services Act; individuals who serve as

members of an independent team of experts under the

Developmental Disability and Mental Health Safety Act (also

known as Brian's Law); and individuals who serve as arbitrators

pursuant to Part 10A of Article II of the Code of Civil

Procedure and the rules of the Supreme Court implementing Part

10A, each as now or hereafter amended; the term "employee" does

not mean an independent contractor except as provided in this

Section. The term includes an individual appointed as an

inspector by the Director of State Police when performing

duties within the scope of the activities of a Metropolitan

Enforcement Group or a law enforcement organization

established under the Intergovernmental Cooperation Act. An

individual who renders professional advice and consultation to

the State through an organization which qualifies as an

"employee" under the Act is also an employee. The term includes

the estate or personal representative of an employee.

(c) The term "pension fund" means a retirement system or

pension fund created under the Illinois Pension Code.

(Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18;

revised 10-18-18.)

Section 30. The State Employment Records Act is amended by

changing Section 20 as follows:

(5 ILCS 410/20)

Sec. 20. Reports. State agencies shall collect, classify,

maintain, and report all information required by this Act on a

fiscal year basis. Agencies shall file, as public information

and by January 1, 1993 and each year thereafter, a copy of all

reports required by this Act with the Office of the Secretary

of State, and shall submit an annual report to the Governor.

Each agency's annual report shall include a description of

the agency's activities in implementing the State Hispanic

Employment Plan, the State Asian-American Employment Plan, and

the bilingual employment plan in accordance with the reporting

requirements developed by the Department of Central Management

Services pursuant to Section 405-125 of the Department of

Central Management Services Law of the Civil Administrative

Code of Illinois.

In addition to submitting the agency work force report,

each executive branch constitutional officer, each institution

of higher education under the jurisdiction of the Illinois

Board of Higher Education, each community college under the

jurisdiction of the Illinois Community College Board, and the

Illinois Toll Highway Authority shall report to the General

Assembly by February 1 of each year its activities implementing

strategies and programs, and its progress, in the hiring and

promotion of Hispanics, Asian-Americans, and bilingual persons

at supervisory, technical, professional, and managerial

levels, including assessments of bilingual service needs and

information received from the Auditor General pursuant to its

periodic review responsibilities.

(Source: P.A. 96-1286, eff. 1-1-11; 96-1341, eff. 7-27-10;

97-856, eff. 7-27-12; revised 10-10-18.)

Section 35. The State Employee Housing Act is amended by

changing Section 5-35 as follows:

(5 ILCS 412/5-35)

Sec. 5-35. Housing justification. The Department of

Natural Resources, and the University of Illinois shall each

develop written criteria for determining which employment

positions necessitate provision of State housing. The criteria

shall include the specific employee responsibilities that can

only be performed effectively by occupying State housing.

(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)

Section 40. The Illinois Governmental Ethics Act is amended

by changing Section 4A-101 as follows:

(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)

Sec. 4A-101. Persons required to file. The following

persons shall file verified written statements of economic

interests, as provided in this Article:

(a) Members of the General Assembly and candidates for

nomination or election to the General Assembly.

(b) Persons holding an elected office in the Executive

Branch of this State, and candidates for nomination or

election to these offices.

(c) Members of a Commission or Board created by the

Illinois Constitution, and candidates for nomination or

election to such Commission or Board.

(d) Persons whose appointment to office is subject to

confirmation by the Senate and persons appointed by the

Governor to any other position on a board or commission

described in subsection (a) of Section 15 of the

Gubernatorial Boards and Commissions Act.

(e) Holders of, and candidates for nomination or

election to, the office of judge or associate judge of the

Circuit Court and the office of judge of the Appellate or

Supreme Court.

(f) Persons who are employed by any branch, agency,

authority or board of the government of this State,

including but not limited to, the Illinois State Toll

Highway Authority, the Illinois Housing Development

Authority, the Illinois Community College Board, and

institutions under the jurisdiction of the Board of

Trustees of the University of Illinois, Board of Trustees

of Southern Illinois University, Board of Trustees of

Chicago State University, Board of Trustees of Eastern

Illinois University, Board of Trustees of Governors

Governor's State University, Board of Trustees of Illinois

State University, Board of Trustees of Northeastern

Illinois University, Board of Trustees of Northern

Illinois University, Board of Trustees of Western Illinois

University, or Board of Trustees of the Illinois

Mathematics and Science Academy, and are compensated for

services as employees and not as independent contractors

and who:

(1) are, or function as, the head of a department,

commission, board, division, bureau, authority or

other administrative unit within the government of

this State, or who exercise similar authority within

the government of this State;

(2) have direct supervisory authority over, or

direct responsibility for the formulation,

negotiation, issuance or execution of contracts

entered into by the State in the amount of $5,000 or

more;

(3) have authority for the issuance or

promulgation of rules and regulations within areas

under the authority of the State;

(4) have authority for the approval of

professional licenses;

(5) have responsibility with respect to the

financial inspection of regulated nongovernmental

entities;

(6) adjudicate, arbitrate, or decide any judicial

or administrative proceeding, or review the

adjudication, arbitration or decision of any judicial

or administrative proceeding within the authority of

the State;

(7) have supervisory responsibility for 20 or more

employees of the State;

(8) negotiate, assign, authorize, or grant naming

rights or sponsorship rights regarding any property or

asset of the State, whether real, personal, tangible,

or intangible; or

(9) have responsibility with respect to the

procurement of goods or services.

(g) Persons who are elected to office in a unit of

local government, and candidates for nomination or

election to that office, including regional

superintendents of school districts.

(h) Persons appointed to the governing board of a unit

of local government, or of a special district, and persons

appointed to a zoning board, or zoning board of appeals, or

to a regional, county, or municipal plan commission, or to

a board of review of any county, and persons appointed to

the Board of the Metropolitan Pier and Exposition Authority

and any Trustee appointed under Section 22 of the

Metropolitan Pier and Exposition Authority Act, and

persons appointed to a board or commission of a unit of

local government who have authority to authorize the

expenditure of public funds. This subsection does not apply

to members of boards or commissions who function in an

advisory capacity.

(i) Persons who are employed by a unit of local

government and are compensated for services as employees

and not as independent contractors and who:

(1) are, or function as, the head of a department,

division, bureau, authority or other administrative

unit within the unit of local government, or who

exercise similar authority within the unit of local

government;

(2) have direct supervisory authority over, or

direct responsibility for the formulation,

negotiation, issuance or execution of contracts

entered into by the unit of local government in the

amount of $1,000 or greater;

(3) have authority to approve licenses and permits

by the unit of local government; this item does not

include employees who function in a ministerial

capacity;

(4) adjudicate, arbitrate, or decide any judicial

or administrative proceeding, or review the

adjudication, arbitration or decision of any judicial

or administrative proceeding within the authority of

the unit of local government;

(5) have authority to issue or promulgate rules and

regulations within areas under the authority of the

unit of local government; or

(6) have supervisory responsibility for 20 or more

employees of the unit of local government.

(j) Persons on the Board of Trustees of the Illinois

Mathematics and Science Academy.

(k) Persons employed by a school district in positions

that require that person to hold an administrative or a

chief school business official endorsement.

(l) Special government agents. A "special government

agent" is a person who is directed, retained, designated,

appointed, or employed, with or without compensation, by or

on behalf of a statewide executive branch constitutional

officer to make an ex parte communication under Section

5-50 of the State Officials and Employees Ethics Act or

Section 5-165 of the Illinois Administrative Procedure

Act.

(m) Members of the board of commissioners of any flood

prevention district created under the Flood Prevention

District Act or the Beardstown Regional Flood Prevention

District Act.

(n) Members of the board of any retirement system or

investment board established under the Illinois Pension

Code, if not required to file under any other provision of

this Section.

(o) Members of the board of any pension fund

established under the Illinois Pension Code, if not

required to file under any other provision of this Section.

(p) Members of the investment advisory panel created

under Section 20 of the Illinois Prepaid Tuition Act.

This Section shall not be construed to prevent any unit of

local government from enacting financial disclosure

requirements that mandate more information than required by

this Act.

(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,

eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11;

97-754, eff. 7-6-12; revised 10-10-18.)

Section 45. The State Officials and Employees Ethics Act is

amended by changing Section 25-5 as follows:

(5 ILCS 430/25-5)

Sec. 25-5. Legislative Ethics Commission.

(a) The Legislative Ethics Commission is created.

(b) The Legislative Ethics Commission shall consist of 8

commissioners appointed 2 each by the President and Minority

Leader of the Senate and the Speaker and Minority Leader of the

House of Representatives.

The terms of the initial commissioners shall commence upon

qualification. Each appointing authority shall designate one

appointee who shall serve for a 2-year term running through

June 30, 2005. Each appointing authority shall designate one

appointee who shall serve for a 4-year term running through

June 30, 2007. The initial appointments shall be made within 60

days after the effective date of this Act.

After the initial terms, commissioners shall serve for

4-year terms commencing on July 1 of the year of appointment

and running through June 30 of the fourth following year.

Commissioners may be reappointed to one or more subsequent

terms.

Vacancies occurring other than at the end of a term shall

be filled by the appointing authority only for the balance of

the term of the commissioner whose office is vacant.

Terms shall run regardless of whether the position is

filled.

(c) The appointing authorities shall appoint commissioners

who have experience holding governmental office or employment

and may appoint commissioners who are members of the General

Assembly as well as commissioners from the general public. A

commissioner who is a member of the General Assembly must

recuse himself or herself from participating in any matter

relating to any investigation or proceeding in which he or she

is the subject or is a complainant. A person is not eligible to

serve as a commissioner if that person (i) has been convicted

of a felony or a crime of dishonesty or moral turpitude, (ii)

is, or was within the preceding 12 months, engaged in

activities that require registration under the Lobbyist

Registration Act, (iii) is a relative of the appointing

authority, (iv) is a State officer or employee other than a

member of the General Assembly, or (v) is a candidate for

statewide office, federal office, or judicial office.

(c-5) If a commissioner is required to recuse himself or

herself from participating in a matter as provided in

subsection (c), the recusal shall create a temporary vacancy

for the limited purpose of consideration of the matter for

which the commissioner recused himself or herself, and the

appointing authority for the recusing commissioner shall make a

temporary appointment to fill the vacancy for consideration of

the matter for which the commissioner recused himself or

herself.

(d) The Legislative Ethics Commission shall have

jurisdiction over current and former members of the General

Assembly regarding events occurring during a member's term of

office and current and former State employees regarding events

occurring during any period of employment where the State

employee's ultimate jurisdictional authority is (i) a

legislative leader, (ii) the Senate Operations Commission, or

(iii) the Joint Committee on Legislative Support Services. The

jurisdiction of the Commission is limited to matters arising

under this Act.

An officer or executive branch State employee serving on a

legislative branch board or commission remains subject to the

jurisdiction of the Executive Ethics Commission and is not

subject to the jurisdiction of the Legislative Ethics

Commission.

(e) The Legislative Ethics Commission must meet, either in

person or by other technological means, monthly or as often as

necessary. At the first meeting of the Legislative Ethics

Commission, the commissioners shall choose from their number a

chairperson and other officers that they deem appropriate. The

terms of officers shall be for 2 years commencing July 1 and

running through June 30 of the second following year. Meetings

shall be held at the call of the chairperson or any 3

commissioners. Official action by the Commission shall require

the affirmative vote of 5 commissioners, and a quorum shall

consist of 5 commissioners. Commissioners shall receive no

compensation but may be reimbursed for their reasonable

expenses actually incurred in the performance of their duties.

(f) No commissioner, other than a commissioner who is a

member of the General Assembly, or employee of the Legislative

Ethics Commission may during his or her term of appointment or

employment:

(1) become a candidate for any elective office;

(2) hold any other elected or appointed public office

except for appointments on governmental advisory boards or

study commissions or as otherwise expressly authorized by

law;

(3) be actively involved in the affairs of any

political party or political organization; or

(4) advocate for the appointment of another person to

an appointed or elected office or position or actively

participate in any campaign for any elective office.

(f-5) No commissioner who is a member of the General

Assembly may be a candidate for statewide office, federal

office, or judicial office. If a commissioner who is a member

of the General Assembly files petitions to be a candidate for a

statewide office, federal office, or judicial office, he or she

shall be deemed to have resigned from his or her position as a

commissioner on the date his or her name is certified for the

ballot by the State Board of Elections or local election

authority and his or her position as a commissioner shall be

deemed vacant. Such person may not be reappointed to the

Commission during any time he or she is a candidate for

statewide office, federal office, or judicial office.

(g) An appointing authority may remove a commissioner only

for cause.

(h) The Legislative Ethics Commission shall appoint an

Executive Director subject to the approval of at least 3 of the

4 legislative leaders. The compensation of the Executive

Director shall be as determined by the Commission. The

Executive Director of the Legislative Ethics Commission may

employ, subject to the approval of at least 3 of the 4

legislative leaders, and determine the compensation of staff,

as appropriations permit.

(i) In consultation with the Legislative Inspector

General, the Legislative Ethics Commission may develop

comprehensive training for members and employees under its

jurisdiction that includes, but is not limited to, sexual

harassment, employment discrimination, and workplace civility.

The training may be recommended to the ultimate jurisdictional

authorities and may be approved by the Commission to satisfy

the sexual harassment training required under Section 5-10.5 or

be provided in addition to the annual sexual harassment

training required under Section 5-10.5. The Commission may seek

input from governmental agencies or private entities for

guidance in developing such training.

(Source: P.A. 100-588, eff. 6-8-18; revised 10-11-18.)

Section 50. The State Commemorative Dates Act is amended by

setting forth and renumbering multiple versions of Section 195

as follows:

(5 ILCS 490/195)

Sec. 195. Illinois Statehood Day. December 3rd of each year

is designated as Illinois Statehood Day, to be observed

throughout the State as a day to commemorate December 3, 1818

as the day Illinois became the 21st State to join the Union.

Each year, within 10 days before Illinois Statehood Day, the

Governor shall issue a proclamation announcing the recognition

of Statehood Day, and designate the official events that shall

be held in honor of Illinois obtaining statehood on December 3,

1818.

(Source: P.A. 100-898, eff. 1-1-19.)

(5 ILCS 490/196)

Sec. 196 195. Day of the Horse. The fifth day of March of

each year shall be designated as the Day of the Horse, to be

observed throughout the State as a day to encourage citizens to

honor and celebrate the role of equines in the history and

character of Illinois, and to recognize the benefits of the

equine industry to the economy, agriculture, tourism, and

quality of life in Illinois.

(Source: P.A. 100-1033, eff. 8-22-18; revised 10-3-18.)

Section 55. The Community-Law Enforcement Partnership for

Deflection and Substance Use Disorder Treatment Act is amended

by changing Sections 15 and 35 as follows:

(5 ILCS 820/15)

Sec. 15. Authorization.

(a) Any law enforcement agency may establish a deflection

program subject to the provisions of this Act in partnership

with one or more licensed providers of substance use disorder

treatment services and one or more community members or

organizations.

(b) The deflection program may involve a post-overdose

deflection response, a self-referral deflection response, an

active outreach deflection response, an officer prevention

deflection response, or an officer intervention deflection

response, or any combination of those.

(c) Nothing shall preclude the General Assembly from adding

other responses to a deflection program, or preclude a law

enforcement agency from developing a deflection program

response based on a model unique and responsive to local

issues, substance use or mental health needs, and partnerships,

using sound and promising or evidence-based practices.

(c-5) Whenever appropriate and available, case management

should be provided by a licensed treatment provider or other

appropriate provider and may include peer recovery support

approaches.

(d) To receive funding for activities as described in

Section 35 of this Act, planning for the deflection program

shall include:

(1) the involvement of one or more licensed treatment

programs and one or more community members member or

organizations organization; and

(2) an agreement with the Illinois Criminal Justice

Information Authority to collect and evaluate relevant

statistical data related to the program, as established by

the Illinois Criminal Justice Information Authority in

paragraph (2) of subsection (a) of Section 25 of this Act.

(Source: P.A. 100-1025, eff. 1-1-19; revised 10-3-18.)

(5 ILCS 820/35)

Sec. 35. Funding.

(a) The General Assembly may appropriate funds to the

Illinois Criminal Justice Information Authority for the

purpose of funding law enforcement agencies for services

provided by deflection program partners as part of deflection

programs subject to subsection (d) of Section 15 of this Act.

(b) The Illinois Criminal Justice Information Authority

may adopt guidelines and requirements to direct the

distribution of funds for expenses related to deflection

programs. Funding shall be made available to support both new

and existing deflection programs in a broad spectrum of

geographic regions in this State, including urban, suburban,

and rural communities. Activities eligible for funding under

this Act may include, but are not limited to, the following:

(1) activities related to program administration,

coordination, or management, including, but not limited

to, the development of collaborative partnerships with

licensed treatment providers and community members or

organizations; collection of program data; or monitoring

of compliance with a local deflection program plan;

(2) case management including case management provided

prior to assessment, diagnosis, and engagement in

treatment, as well as assistance navigating and gaining

access to various treatment modalities and support

services;

(3) peer recovery or recovery support services that

include the perspectives of persons with the experience of

recovering from a substance use disorder, either

themselves or as family members;

(4) transportation to a licensed treatment provider or

other program partner location;

(5) program evaluation activities.

(c) Specific linkage agreements with recovery support

services or self-help entities may be a requirement of the

program services protocols. All deflection programs shall

encourage the involvement of key family members and significant

others as a part of a family-based approach to treatment. All

deflection programs are encouraged to use evidence-based

practices and outcome measures in the provision of substance

use disorder treatment and medication-assisted medication

assisted treatment for persons with opioid use disorders.

(Source: P.A. 100-1025, eff. 1-1-19; revised 10-3-18.)

Section 60. The Election Code is amended by changing

Sections 3-4, 4-12, 5-15, 6-44, 6A-7, 7-2, 7-58, 17-22, and

24A-10 as follows:

(10 ILCS 5/3-4) (from Ch. 46, par. 3-4)

Sec. 3-4. No patient who has resided for less than 180 days

in any hospital or mental institution in this State, shall by

virtue of his abode at such hospital or mental institution be

deemed a resident or legal voter in the town, city, village or

election district or precinct in which such hospital or mental

institution may be situated; but every such person shall be

deemed a resident of the town, city, village or election

district or precinct in which he resided next prior to becoming

a patient of such hospital or mental institution. However, the

term "hospital" does not include skilled nursing facilities.

(Source: P.A. 100-1110, eff. 8-28-18; revised 9-26-18.)

(10 ILCS 5/4-12) (from Ch. 46, par. 4-12)

Sec. 4-12. Any voter or voters in the township, city,

village or incorporated town containing such precinct, and any

precinct committeeperson in the county, may, between the hours

of 9:00 a.m. and 5:00 p.m. of Monday and Tuesday of the second

week prior to the week in which the 1970 primary election for

the nomination of candidates for State and county offices or

any election thereafter is to be held, make application in

writing, to the county clerk, to have any name upon the

register of any precinct erased. Such application shall be, in

substance, in the words and figures following:

"I, being a qualified voter, registered from No. ....

Street in the .... precinct of the .... ward of the city

(village or town of) .... (or of the .... town of ....) do

hereby solemnly swear (or affirm) that .... registered from No.

.... Street is not a qualified voter in the .... precinct of

.... ward of the city (village or town) of .... (or of the ....

town of ....) and hence I ask that his name be erased from the

register of such precinct for the following reason .....

Affiant further says that he has personal knowledge of the

facts set forth in the above affidavit.

(Signed) .....

Subscribed and sworn to before me on (insert date).

....

....

....."

Such application shall be signed and sworn to by the

applicant before the county clerk or any deputy authorized by

the county clerk for that purpose, and filed with said clerk.

Thereupon notice of such application, and of the time and place

of hearing thereon, with a demand to appear before the county

clerk and show cause why his name shall not be erased from said

register, shall be mailed, in an envelope duly stamped and

directed to such person at the address upon said register, at

least four days before the day fixed in said notice to show

cause. If such person has provided the election authority with

an e-mail address, then the election authority shall also send

the same notice by electronic mail at least 4 days before the

day fixed in said notice to show cause.

A like notice shall be mailed to the person or persons

making the application to have the name upon such register

erased to appear and show cause why said name should be erased,

the notice to set out the day and hour of such hearing. If the

voter making such application fails to appear before said clerk

at the time set for the hearing as fixed in the said notice or

fails to show cause why the name upon such register shall be

erased, the application to erase may be dismissed by the county

clerk.

Any voter making the application is privileged from arrest

while presenting it to the county clerk, and while going to and

from the office of the county clerk.

(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)

(10 ILCS 5/5-15) (from Ch. 46, par. 5-15)

Sec. 5-15. Any voter or voters in the township, city,

village, or incorporated town containing such precinct, and any

precinct committeeperson in the county, may, between the hours

of nine o'clock a.m. and six o'clock p.m. of the Monday and

Tuesday of the third week immediately preceding the week in

which such April 10, 1962 Primary Election is to be held, make

application in writing, before such County Clerk, to have any

name upon such register of any precinct erased. Thereafter such

application shall be made between the hours of nine o'clock

a.m. and six o'clock p.m. of Monday and Tuesday of the second

week prior to the week in which any county, city, village,

township, or incorporated town election is to be held. Such

application shall be in substance, in the words and figures

following:

"I, being a qualified voter, registered from No. ....

Street in the .... precinct of the .... Ward of the city

(village or town of .... ) of the .... District .... town of

.... do hereby solemnly swear (or affirm) that .... registered

from No. .... Street is not a qualified voter in the ....

precinct of the .... ward of the city (village or town) of ....

or of the .... district town of .... hence I ask that his name

be erased from the register of such precinct for the following

reason ..... Affiant further says that he has personal

knowledge of the facts set forth in the above affidavit.

(Signed) .....

Subscribed and sworn to before me on (insert date).

....

....

...."

Such application shall be signed and sworn to by the

applicant before the County Clerk or any Deputy authorized by

the County Clerk for that purpose, and filed with the Clerk.

Thereupon notice of such application, with a demand to appear

before the County Clerk and show cause why his name shall not

be erased from the register, shall be mailed by special

delivery, duly stamped and directed, to such person, to the

address upon said register at least 4 days before the day fixed

in said notice to show cause. If such person has provided the

election authority with an e-mail address, then the election

authority shall also send the same notice by electronic mail at

least 4 days before the day fixed in said notice to show cause.

A like notice shall be mailed to the person or persons

making the application to have the name upon such register

erased to appear and show cause why the name should be erased,

the notice to set out the day and hour of such hearing. If the

voter making such application fails to appear before the Clerk

at the time set for the hearing as fixed in the said notice or

fails to show cause why the name upon such register shall be

erased, the application may be dismissed by the County Clerk.

Any voter making such application or applications shall be

privileged from arrest while presenting the same to the County

Clerk, and while whilst going to and returning from the office

of the County Clerk.

(Source: P.A. 100-1027, eff. 1-1-19; revised 9-18-18.)

(10 ILCS 5/6-44) (from Ch. 46, par. 6-44)

Sec. 6-44. Any voter or voters in the ward, village or

incorporated town containing such precinct, and any precinct

committeeperson in the county, may, between the hours of nine

o'clock a.m. and six p.m. of Monday and Tuesday of the second

week prior to the week in which such election is to be held

make application in writing, before such board of election

commissioners, to have any name upon such register of any

precinct erased. However, in municipalities having a

population of more than 500,000 and having a board of election

commissioners (except as otherwise provided for such

municipalities in Section 6-60 of this Article) and in all

cities, villages and incorporated towns within the

jurisdiction of such board, such application shall be made

between the hours of nine o'clock a.m. and six o'clock p.m. of

Monday and Tuesday of the second week prior to the week in

which such election is to be held. Such application shall be,

in substance, in the words and figures following:

"I, being a qualified voter, registered from No. ....

street in the .... precinct of the .... ward of the city

(village or town) of .... do hereby solemnly swear (or affirm)

that I have personal knowledge that .... registered from No.

.... street is not a qualified voter in the .... precinct of

the .... ward of the city (village or town) of .... and hence I

ask that his name be erased from the register of such precinct

for the following reason ....

Affiant further says that he has personal knowledge of the

facts set forth in the above affidavit.

(Signed)....

Subscribed and sworn to before me on (insert date).

....

...."

Such application shall be signed and sworn to by the

applicant before any member of the board or the clerk thereof

and filed with said board. Thereupon notice of such

application, with a demand to appear before the board of

election commissioners and show cause why his name shall not be

erased from said register, shall be personally served upon such

person or left at his place of residence indicated in such

register, or in the case of a homeless individual, at his or

her mailing address, by a messenger of said board of election

commissioners, and, as to the manner and time of serving such

notice such messenger shall make affidavit; the messenger shall

also make affidavit of the fact in case he cannot find such

person or his place of residence, and that he went to the place

named on such register as his or her place of residence. Such

notice shall be served at least one day before the time fixed

for such party to show cause.

The commissioners shall also cause a like notice or demand

to be sent by mail duly stamped and directed, to such person,

to the address upon the register at least 2 days before the day

fixed in the notice to show cause.

A like notice shall be served on the person or persons

making the application to have the name upon such register

erased to appear and show cause why said name shall be erased,

the notice to set out the day and hour of such hearing. If the

voter making such application fails to appear before said board

at the time set for the hearing as fixed in the notice or fails

to show cause why the name upon such register shall be erased,

the application may be dismissed by the board.

Any voter making such application or applications shall be

privileged from arrest while presenting the same to the board

of election commissioners, and while going to and returning

from the board of election commissioners.

(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)

(10 ILCS 5/6A-7) (from Ch. 46, par. 6A-7)

Sec. 6A-7. Dissolution.

(a) Except as provided in subsection (b), any county which

has established a board of election commissioners may

subsequently vote to dissolve such board in the same manner as

provided in Article 6 for cities, villages, and incorporated

towns, except that the petition to the circuit court to submit

to the vote of the electors of the county the proposition to

dissolve the board of election commissioners shall be signed by

at least 10% of the registered voters of the county.

(b) A county board in a county that has established a

county board of election commissioners in accordance with

subsection (a) of Section 6A-1 of this the Election Code may,

by ordinance or resolution, dissolve the county board of

election commissioners and transfer its functions to the county

clerk.

(Source: P.A. 100-628, eff. 1-1-19; revised 9-19-18.)

(10 ILCS 5/7-2) (from Ch. 46, par. 7-2)

Sec. 7-2. A political party, which at the general election

for State and county officers then next preceding a primary,

polled more than 5 per cent of the entire vote cast in the

State, is hereby declared to be a political party within the

State, and shall nominate all candidates provided for in this

Article 7 under the provisions hereof, and shall elect

precinct, township, ward, and State central committeepersons

as herein provided.

A political party, which at the general election for State

and county officers then next preceding a primary, cast more

than 5 per cent of the entire vote cast within any

congressional district, is hereby declared to be a political

party within the meaning of this Article, within such

congressional district, and shall nominate its candidate for

Representative in Congress, under the provisions hereof. A

political party, which at the general election for State and

county officers then next preceding a primary, cast more than 5

per cent of the entire vote cast in any county, is hereby

declared to be a political party within the meaning of this

Article, within said county, and shall nominate all county

officers in said county under the provisions hereof, and shall

elect precinct, township, and ward committeepersons, as herein

provided. ;

A political party, which at the municipal election for

city, village, or incorporated town officers then next

preceding a primary, cast more than 5 per cent of the entire

vote cast in any city, or village, or incorporated town is

hereby declared to be a political party within the meaning of

this Article, within said city, village, or incorporated town,

and shall nominate all city, village, or incorporated town

officers in said city, or village, or incorporated town under

the provisions hereof to the extent and in the cases provided

in Section 7-1.

A political party, which at the municipal election for town

officers then next preceding a primary, cast more than 5 per

cent of the entire vote cast in said town, is hereby declared

to be a political party within the meaning of this Article,

within said town, and shall nominate all town officers in said

town under the provisions hereof to the extent and in the cases

provided in Section 7-1.

A political party, which at the municipal election in any

other municipality or political subdivision, (except townships

and school districts), for municipal or other officers therein

then next preceding a primary, cast more than 5 per cent of the

entire vote cast in such municipality or political subdivision,

is hereby declared to be a political party within the meaning

of this Article, within said municipality or political

subdivision, and shall nominate all municipal or other officers

therein under the provisions hereof to the extent and in the

cases provided in Section 7-1.

Provided, that no political organization or group shall be

qualified as a political party hereunder, or given a place on a

ballot, which organization or group is associated, directly or

indirectly, with Communist, Fascist, Nazi, or other

un-American principles and engages in activities or propaganda

designed to teach subservience to the political principles and

ideals of foreign nations or the overthrow by violence of the

established constitutional form of government of the United

States and the State of Illinois.

(Source: P.A. 100-1027, eff. 1-1-19; revised 9-18-18.)

(10 ILCS 5/7-58) (from Ch. 46, par. 7-58)

Sec. 7-58. Each county clerk or board of election

commissioners shall, upon completion of the canvassing of the

returns, make and transmit to the State Board of Elections and

to each election authority whose duty it is to print the

official ballot for the election for which the nomination is

made a proclamation of the results of the primary. The

proclamation shall state the name of each candidate of each

political party so nominated or elected, as shown by the

returns, together with the name of the office for which he or

she was nominated or elected, including precinct, township and

ward committeepersons, and including in the case of the State

Board of Elections, candidates for State central

committeepersons, and delegates and alternate delegates to

National nominating conventions. If a notice of contest is

filed, the election authority shall, within one business day

after receiving a certified copy of the court's judgment or

order, amend its proclamation accordingly and proceed to file

an amended proclamation with the appropriate election

authorities and with the State Board of Elections.

The State Board of Elections shall issue a certificate of

election to each of the persons shown by the returns and the

proclamation thereof to be elected State central

committeepersons, and delegates and alternate delegates to

National nominating nomination conventions; and the county

clerk shall issue a certificate of election to each person

shown by the returns to be elected precinct, township or ward

committeeperson. The certificate issued to such precinct

committeeperson shall state the number of ballots voted in his

or her precinct by the primary electors of his or her party at

the primary at which he or she was elected. The certificate

issued to such township committeeperson shall state the number

of ballots voted in his or her township or part of a township,

as the case may be, by the primary electors of his or her party

at the primary at which he or she was elected. The certificate

issued to such ward committeeperson shall state the number of

ballots voted in his or her ward by the primary electors of his

or her party at the primary at which he or she was elected.

(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)

(10 ILCS 5/17-22) (from Ch. 46, par. 17-22)

Sec. 17-22. The judges of election shall make the tally

sheet and certificate of results in triplicate. If, however,

the number of established political parties, as defined in

Section 10-2, exceeds 2, one additional copy shall be made for

each established political party in excess of 2. One list of

voters, or other proper return with such certificate written

thereon, and accompanying tally sheet footed up so as to show

the correct number of votes cast for each person voted for,

shall be carefully enveloped and sealed up by the judges of

election, 2 of whom (one from each of the 2 major political

parties) shall immediately deliver same to the county clerk, or

his deputy, at the office of the county clerk, or to an

officially designated receiving station established by the

county clerk where a duly authorized representative of the

county clerk shall receive said envelopes for immediate

transmission to the office of county clerk, who shall safely

keep them. The other certificates of results and accompanying

tally sheet shall be carefully enveloped and sealed up and duly

directed, respectively, to the chair chairp of the county

central committee of each then existing established political

party, and by another of the judges of election deposited

immediately in the nearest United States letter deposit.

However, if any county chair notifies the county clerk not

later than 10 days before the election of his desire to receive

the envelope addressed to him at the point and at the time same

are delivered to the county clerk, his deputy or receiving

station designee the envelopes shall be delivered to such

county chair or his designee immediately upon receipt thereof

by the county clerk, his deputy or his receiving station

designee. The person or persons so designated by a county chair

shall sign an official receipt acknowledging receipt of said

envelopes. The poll book and tally list filed with the county

clerk shall be kept one year, and certified copies thereof

shall be evidence in all courts, proceedings and election

contests. Before the returns are sealed up, as aforesaid, the

judges shall compare the tally papers, footings and

certificates and see that they are correct and duplicates of

each other, and certify to the correctness of the same.

At the consolidated election, the judges of election shall

make a tally sheet and certificate of results for each

political subdivision for which candidates or public questions

are on the ballot at such election, and shall sign, seal in a

marked envelope and deliver them to the county clerk with the

other certificates of results herein required. Such tally

sheets and certificates of results may be duplicates of the

tally sheet and certificate of results otherwise required by

this Section, showing all votes for all candidates and public

questions voted for or upon in the precinct, or may be on

separate forms prepared by the election authority and showing

only those votes cast for candidates and public questions of

each such political subdivision.

Within 2 days of delivery of complete returns of the

consolidated election, the county clerk shall transmit an

original, sealed tally sheet and certificate of results from

each precinct in his jurisdiction in which candidates or public

questions of a political subdivision were on the ballot to the

local election official of such political subdivision. Each

local election official, within 24 hours of receipt of all of

the tally sheets and certificates of results for all precincts

in which candidates or public questions of his political

subdivision were on the ballot, shall transmit such sealed

tally sheets and certificates of results to the canvassing

board for that political subdivision.

In the case of referenda for the formation of a political

subdivision, the tally sheets and certificates of results shall

be transmitted by the county clerk to the circuit court that

ordered the proposition submitted or to the officials

designated by the court to conduct the canvass of votes. In the

case of school referenda for which a regional superintendent of

schools is responsible for the canvass of votes, the county

clerk shall transmit the tally sheets and certificates of

results to the regional superintendent of schools.

Where voting machines or electronic voting systems are

used, the provisions of this section may be modified as

required or authorized by Article 24 or Article 24A, whichever

is applicable.

Only judges appointed under the provisions of subsection

(a) of Section 13-4 or subsection (b) of Section 14-1 may make

any delivery required by this Section from judges of election

to a county clerk, or his or her deputy, at the office of the

county clerk or to a county clerk's duly authorized

representative at the county clerk's officially designated

receiving station.

(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)

(10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)

Sec. 24A-10. (1) In an election jurisdiction which has

adopted an electronic voting system, the election official in

charge of the election shall select one of the 3 following

procedures for receiving, counting, tallying, and return of the

ballots:

(a) Two ballot boxes shall be provided for each polling

place. The first ballot box is for the depositing of votes cast

on the electronic voting system; and the second ballot box is

for all votes cast on paper ballots, including any paper

ballots required to be voted other than on the electronic

voting system. Ballots deposited in the second ballot box shall

be counted, tallied, and returned as is elsewhere provided in

this Code "The Election Code," as amended, for the counting and

handling of paper ballots. Immediately after the closing of the

polls, the judges of election shall make out a slip indicating

the number of persons who voted in the precinct at the

election. Such slip shall be signed by all the judges of

election and shall be inserted by them in the first ballot box.

The judges of election shall thereupon immediately lock each

ballot box; provided, that if such box is not of a type which

may be securely locked, such box shall be sealed with filament

tape provided for such purpose which shall be wrapped around

the box lengthwise and crosswise, at least twice each way, and

in such manner that the seal completely covers the slot in the

ballot box, and each of the judges shall sign such seal.

Thereupon two of the judges of election, of different political

parties, shall forthwith and by the most direct route transport

both ballot boxes to the counting location designated by the

county clerk or board of election commissioners.

Before the ballots of a precinct are fed to the electronic

tabulating equipment, the first ballot box shall be opened at

the central counting station by the two precinct transport

judges. Upon opening a ballot box, such team shall first count

the number of ballots in the box. If 2 or more are folded

together so as to appear to have been cast by the same person,

all of the ballots so folded together shall be marked and

returned with the other ballots in the same condition, as near

as may be, in which they were found when first opened, but

shall not be counted. If the remaining ballots are found to

exceed the number of persons voting in the precinct as shown by

the slip signed by the judges of election, the ballots shall be

replaced in the box, and the box closed and well shaken and

again opened and one of the precinct transport judges shall

publicly draw out so many ballots unopened as are equal to such

excess.

Such excess ballots shall be marked "Excess-Not Counted"

and signed by the two precinct transport judges and shall be

placed in the "After 7:00 p.m. Defective Ballots Envelope". The

number of excess ballots shall be noted in the remarks section

of the Certificate of Results. "Excess" ballots shall not be

counted in the total of "defective" ballots.

The precinct transport judges shall then examine the

remaining ballots for write-in votes and shall count and

tabulate the write-in vote; or

(b) A single ballot box, for the deposit of all votes cast,

shall be used. All ballots which are not to be tabulated on the

electronic voting system shall be counted, tallied, and

returned as elsewhere provided in this Code "The Election

Code," as amended, for the counting and handling of paper

ballots.

All ballots to be processed and tabulated with the

electronic voting system shall be processed as follows:

Immediately after the closing of the polls, the precinct

judges of election then shall open the ballot box and canvass

the votes polled to determine that the number of ballots

therein agree with the number of voters voting as shown by the

applications for ballot or if the same do not agree the judges

of election shall make such ballots agree with the applications

for ballot in the manner provided by Section 17-18 of this

Code. "The Election Code." The judges of election shall then

examine all ballot cards and ballot card envelopes which are in

the ballot box to determine whether the ballot cards and ballot

card envelopes bear the initials of a precinct judge of

election. If any ballot card or ballot card envelope is not

initialed, it shall be marked on the back "Defective,"

initialed as to such label by all judges immediately under such

word "Defective," and not counted, but placed in the envelope

provided for that purpose labeled "Defective Ballots

Envelope."

When an electronic voting system is used which utilizes a

ballot card, before separating the ballot cards from their

respective covering envelopes, the judges of election shall

examine the ballot card envelopes for write-in votes. When the

voter has voted a write-in vote, the judges of election shall

compare the write-in vote with the votes on the ballot card to

determine whether such write-in results in an overvote for any

office. In case of an overvote for any office, the judges of

election, consisting in each case of at least one judge of

election of each of the two major political parties, shall make

a true duplicate ballot of all votes on such ballot card except

for the office which is overvoted, by using the ballot label

booklet of the precinct and one of the marking devices of the

precinct so as to transfer all votes of the voter except for

the office overvoted, to an official ballot card of that kind

used in the precinct at that election. The original ballot card

and envelope upon which there is an overvote shall be clearly

labeled "Overvoted Ballot", and each shall bear the same serial

number which shall be placed thereon by the judges of election,

commencing with number 1 and continuing consecutively for the

ballots of that kind in that precinct. The judges of election

shall initial the "Duplicate Overvoted Ballot" ballot cards and

shall place them in the box for return of the ballots. The

"Overvoted Ballot" ballots and their envelopes shall be placed

in the "Duplicate Ballots" envelope. Envelopes bearing

write-in votes marked in the place designated therefor and

bearing the initials of a precinct judge of election and not

resulting in an overvote and otherwise complying with the

election laws as to marking shall be counted, tallied, and

their votes recorded on a tally sheet provided by the election

official in charge of the election. The ballot cards and ballot

card envelopes shall be separated and all except any defective

or overvoted shall be placed separately in the box for return

of the ballots. The judges of election shall examine the

ballots and ballot cards to determine if any is damaged or

defective so that it cannot be counted by the automatic

tabulating equipment. If any ballot or ballot card is damaged

or defective so that it cannot properly be counted by the

automatic tabulating equipment, the judges of election,

consisting in each case of at least one judge of election of

each of the two major political parties, shall make a true

duplicate ballot of all votes on such ballot card by using the

ballot label booklet of the precinct and one of the marking

devices of the precinct. The original ballot or ballot card and

envelope shall be clearly labeled "Damaged Ballot" and the

ballot or ballot card so produced "Duplicate Damaged Ballot,"

and each shall bear the same number which shall be placed

thereon by the judges of election, commencing with number 1 and

continuing consecutively for the ballots of that kind in the

precinct. The judges of election shall initial the "Duplicate

Damaged Ballot" ballot or ballot cards, and shall place them in

the box for return of the ballots. The "Damaged Ballot" ballots

or ballot cards and their envelopes shall be placed in the

"Duplicated Ballots" envelope. A slip indicating the number of

voters voting in person shall be made out, signed by all judges

of election, and inserted in the box for return of the ballots.

The tally sheets recording the write-in votes shall be placed

in this box. The judges of election thereupon immediately shall

securely lock the ballot box or other suitable box furnished

for return of the ballots by the election official in charge of

the election; provided that if such box is not of a type which

may be securely locked, such box shall be sealed with filament

tape provided for such purpose which shall be wrapped around

the box lengthwise and crosswise, at least twice each way. A

separate adhesive seal label signed by each of the judges of

election of the precinct shall be affixed to the box so as to

cover any slot therein and to identify the box of the precinct;

and if such box is sealed with filament tape as provided herein

rather than locked, such tape shall be wrapped around the box

as provided herein, but in such manner that the separate

adhesive seal label affixed to the box and signed by the judges

may not be removed without breaking the filament tape and

disturbing the signature of the judges. Thereupon, 2 of the

judges of election, of different major political parties,

forthwith shall by the most direct route transport the box for

return of the ballots and enclosed ballots and returns to the

central counting location designated by the election official

in charge of the election. If, however, because of the lack of

adequate parking facilities at the central counting location or

for any other reason, it is impossible or impracticable for the

boxes from all the polling places to be delivered directly to

the central counting location, the election official in charge

of the election may designate some other location to which the

boxes shall be delivered by the 2 precinct judges. While at

such other location the boxes shall be in the care and custody

of one or more teams, each consisting of 4 persons, 2 from each

of the two major political parties, designated for such purpose

by the election official in charge of elections from

recommendations by the appropriate political party

organizations. As soon as possible, the boxes shall be

transported from such other location to the central counting

location by one or more teams, each consisting of 4 persons, 2

from each of the 2 major political parties, designated for such

purpose by the election official in charge of elections from

recommendations by the appropriate political party

organizations.

The "Defective Ballots" envelope, and "Duplicated Ballots"

envelope each shall be securely sealed and the flap or end

thereof of each signed by the precinct judges of election and

returned to the central counting location with the box for

return of the ballots, enclosed ballots and returns.

At the central counting location, a team of tally judges

designated by the election official in charge of the election

shall check the box returned containing the ballots to

determine that all seals are intact, and thereupon shall open

the box, check the voters' slip and compare the number of

ballots so delivered against the total number of voters of the

precinct who voted, remove the ballots or ballot cards and

deliver them to the technicians operating the automatic

tabulating equipment. Any discrepancies between the number of

ballots and total number of voters shall be noted on a sheet

furnished for that purpose and signed by the tally judges; or

(c) A single ballot box, for the deposit of all votes cast,

shall be used. Immediately after the closing of the polls, the

precinct judges of election shall securely lock the ballot box;

provided that if such box is not of a type which may be

securely locked, such box shall be sealed with filament tape

provided for such purpose which shall be wrapped around the box

lengthwise and crosswise, at least twice each way. A separate

adhesive seal label signed by each of the judges of election of

the precinct shall be affixed to the box so as to cover any

slot therein and to identify the box of the precinct; and if

such box is sealed with filament tape as provided herein rather

than locked, such tape shall be wrapped around the box as

provided herein, but in such manner that the separate adhesive

seal label affixed to the box and signed by the judges may not

be removed without breaking the filament tape and disturbing

the signature of the judges. Thereupon, 2 of the judges of

election, of different major political parties, shall

forthwith by the most direct route transport the box for return

of the ballots and enclosed vote by mail and early ballots and

returns to the central counting location designated by the

election official in charge of the election. If however,

because of the lack of adequate parking facilities at the

central counting location or for some other reason, it is

impossible or impracticable for the boxes from all the polling

places to be delivered directly to the central counting

location, the election official in charge of the election may

designate some other location to which the boxes shall be

delivered by the 2 precinct judges. While at such other

location the boxes shall be in the care and custody of one or

more teams, each consisting of 4 persons, 2 from each of the

two major political parties, designated for such purpose by the

election official in charge of elections from recommendations

by the appropriate political party organizations. As soon as

possible, the boxes shall be transported from such other

location to the central counting location by one or more teams,

each consisting of 4 persons, 2 from each of the 2 major

political parties, designated for such purpose by the election

official in charge of the election from recommendations by the

appropriate political party organizations.

At the central counting location there shall be one or more

teams of tally judges who possess the same qualifications as

tally judges in election jurisdictions using paper ballots. The

number of such teams shall be determined by the election

authority. Each team shall consist of 5 tally judges, 3

selected and approved by the county board from a certified list

furnished by the chair of the county central committee of the

party with the majority of members on the county board and 2

selected and approved by the county board from a certified list

furnished by the chair of the county central committee of the

party with the second largest number of members on the county

board. At the central counting location a team of tally judges

shall open the ballot box and canvass the votes polled to

determine that the number of ballot sheets therein agree with

the number of voters voting as shown by the applications for

ballot; and, if the same do not agree, the tally judges shall

make such ballots agree with the number of applications for

ballot in the manner provided by Section 17-18 of this the

Election Code. The tally judges shall then examine all ballot

sheets which are in the ballot box to determine whether they

bear the initials of the precinct judge of election. If any

ballot is not initialed, it shall be marked on the back

"Defective", initialed as to such label by all tally judges

immediately under such word "Defective", and not counted, but

placed in the envelope provided for that purpose labeled

"Defective Ballots Envelope". An overvote for one office shall

invalidate only the vote or count of that particular office.

At the central counting location, a team of tally judges

designated by the election official in charge of the election

shall deliver the ballot sheets to the technicians operating

the automatic tabulating equipment. Any discrepancies between

the number of ballots and total number of voters shall be noted

on a sheet furnished for that purpose and signed by the tally

judges.

(2) Regardless of which procedure described in subsection

(1) of this Section is used, the judges of election designated

to transport the ballots, properly signed and sealed as

provided herein, shall ensure that the ballots are delivered to

the central counting station no later than 12 hours after the

polls close. At the central counting station a team of tally

judges designated by the election official in charge of the

election shall examine the ballots so transported and shall not

accept ballots for tabulating which are not signed and sealed

as provided in subsection (1) of this Section until the judges

transporting the same make and sign the necessary corrections.

Upon acceptance of the ballots by a team of tally judges at the

central counting station, the election judges transporting the

same shall take a receipt signed by the election official in

charge of the election and stamped with the date and time of

acceptance. The election judges whose duty it is to transport

any ballots shall, in the event such ballots cannot be found

when needed, on proper request, produce the receipt which they

are to take as above provided.

(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)

Section 65. The Executive Reorganization Implementation

Act is amended by changing Section 3.1 as follows:

(15 ILCS 15/3.1)

(Text of Section before amendment by P.A. 100-1050)

Sec. 3.1. "Agency directly responsible to the Governor" or

"agency" means any office, officer, division, or part thereof,

and any other office, nonelective officer, department,

division, bureau, board, or commission in the executive branch

of State government, except that it does not apply to any

agency whose primary function is service to the General

Assembly or the Judicial Branch of State government, or to any

agency administered by the Attorney General, Secretary of

State, State Comptroller or State Treasurer. In addition the

term does not apply to the following agencies created by law

with the primary responsibility of exercising regulatory or

adjudicatory functions independently of the Governor:

(1) the State Board of Elections;

(2) the State Board of Education;

(3) the Illinois Commerce Commission;

(4) the Illinois Workers' Compensation Commission;

(5) the Civil Service Commission;

(6) the Fair Employment Practices Commission;

(7) the Pollution Control Board;

(8) the Department of State Police Merit Board;

(9) the Illinois Racing Board;

(10) the Illinois Power Agency; and

(11) the Illinois Law Enforcement Training Standards

Board.

(Source: P.A. 100-995, eff. 8-20-18.)

(Text of Section after amendment by P.A. 100-1050)

Sec. 3.1. "Agency directly responsible to the Governor" or

"agency" means any office, officer, division, or part thereof,

and any other office, nonelective officer, department,

division, bureau, board, or commission in the executive branch

of State government, except that it does not apply to any

agency whose primary function is service to the General

Assembly or the Judicial Branch of State government, or to any

agency administered by the Attorney General, Secretary of

State, State Comptroller or State Treasurer. In addition the

term does not apply to the following agencies created by law

with the primary responsibility of exercising regulatory or

adjudicatory functions independently of the Governor:

(1) the State Board of Elections;

(2) the State Board of Education;

(3) the Illinois Commerce Commission;

(4) the Illinois Workers' Compensation Commission;

(5) the Civil Service Commission;

(6) the Fair Employment Practices Commission;

(7) the Pollution Control Board;

(8) the Department of State Police Merit Board;

(9) the Illinois Racing Board;

(10) the Illinois Power Agency; and

(11) the Illinois Law Enforcement Training Standards

Board; and .

(12) (11) the Illinois Liquor Control Commission.

(Source: P.A. 100-995, eff. 8-20-18; 100-1050, eff. 7-1-19;

revised 10-18-18.)

Section 70. The Illinois Identification Card Act is amended

by changing Section 12 as follows:

(15 ILCS 335/12) (from Ch. 124, par. 32)

(Text of Section before amendment by P.A. 100-717)

Sec. 12. Fees concerning standard Illinois Identification

Cards. The fees required under this Act for standard Illinois

Identification Cards must accompany any application provided

for in this Act, and the Secretary shall collect such fees as

follows:

a. Original card............................... $20 b. Renewal card................................ 20

c. Corrected card.............................. 10 d. Duplicate card.............................. 20 e. Certified copy with seal ................... 5 f. (Blank) .................................... g. Applicant 65 years of age or over .......... No Fee h. (Blank) .................................... i. Individual living in Veterans Home or Hospital ........................... No Fee j. Original card under 18 years of age.......... $10 k. Renewal card under 18 years of age........... $10 l. Corrected card under 18 years of age......... $5 m. Duplicate card under 18 years of age......... $10 n. Homeless person.............................. No Fee o. Duplicate card issued to an active-duty member of the United States Armed Forces, the member's spouse, or dependent children living with the member...................... No Fee p. Duplicate temporary card..................... $5 q. First card issued to a youth for whom the Department of Children and Family Services is legally responsible or a foster child upon turning the age of 16 years old until he or she reaches the age of 21 years old..................... No Fee r. Original card issued to a committed person upon release on parole,

mandatory supervised release, aftercare release, final discharge, or pardon from the Department of Corrections or Department of Juvenile Justice.............. No Fee s. Limited-term Illinois Identification Card issued to a committed person upon release on parole, mandatory supervised release, aftercare release, final discharge, or pardon from the Department of Corrections or Department of Juvenile Justice............................ No Fee

All fees collected under this Act shall be paid into the

Road Fund of the State treasury, except that the following

amounts shall be paid into the General Revenue Fund: (i) 80% of

the fee for an original, renewal, or duplicate Illinois

Identification Card issued on or after January 1, 2005; and

(ii) 80% of the fee for a corrected Illinois Identification

Card issued on or after January 1, 2005.

An individual, who resides in a veterans home or veterans

hospital operated by the State or federal government, who makes

an application for an Illinois Identification Card to be issued

at no fee, must submit, along with the application, an

affirmation by the applicant on a form provided by the

Secretary of State, that such person resides in a veterans home

or veterans hospital operated by the State or federal

government.

The application of a homeless individual for an Illinois

Identification Card to be issued at no fee must be accompanied

by an affirmation by a qualified person, as defined in Section

4C of this Act, on a form provided by the Secretary of State,

that the applicant is currently homeless as defined in Section

1A of this Act.

For the application for the first Illinois Identification

Card of a youth for whom the Department of Children and Family

Services is legally responsible or a foster child to be issued

at no fee, the youth must submit, along with the application,

an affirmation by his or her court appointed attorney or an

employee of the Department of Children and Family Services on a

form provided by the Secretary of State, that the person is a

youth for whom the Department of Children and Family Services

is legally responsible or a foster child.

The fee for any duplicate identification card shall be

waived for any person who presents the Secretary of State's

Office with a police report showing that his or her

identification card was stolen.

The fee for any duplicate identification card shall be

waived for any person age 60 or older whose identification card

has been lost or stolen.

As used in this Section, "active-duty member of the United

States Armed Forces" means a member of the Armed Services or

Reserve Forces of the United States or a member of the Illinois

National Guard who is called to active duty pursuant to an

executive order of the President of the United States, an act

of the Congress of the United States, or an order of the

Governor.

(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17;

99-907, eff. 7-1-17; 100-201, eff. 8-18-17; 100-827, eff.

8-13-18.)

(Text of Section after amendment by P.A. 100-717)

Sec. 12. Fees concerning standard Illinois Identification

Cards. The fees required under this Act for standard Illinois

Identification Cards must accompany any application provided

for in this Act, and the Secretary shall collect such fees as

follows:

a. Original card............................... $20 b. Renewal card................................ 20 c. Corrected card.............................. 10 d. Duplicate card.............................. 20 e. Certified copy with seal ................... 5 f. (Blank) .................................... g. Applicant 65 years of age or over .......... No Fee h. (Blank) .................................... i. Individual living in Veterans Home or Hospital ........................... No Fee j. Original card under 18 years of age.......... $10

k. Renewal card under 18 years of age........... $10 l. Corrected card under 18 years of age......... $5 m. Duplicate card under 18 years of age......... $10 n. Homeless person.............................. No Fee o. Duplicate card issued to an active-duty member of the United States Armed Forces, the member's spouse, or dependent children living with the member...................... No Fee p. Duplicate temporary card..................... $5 q. First card issued to a youth for whom the Department of Children and Family Services is legally responsible or a foster child upon turning the age of 16 years old until he or she reaches the age of 21 years old..................... No Fee r. Original card issued to a committed person upon release on parole, mandatory supervised release, aftercare release, final discharge, or pardon from the Department of Corrections or Department of Juvenile Justice.............. No Fee s. Limited-term Illinois Identification Card issued to a committed person upon release on parole, mandatory supervised release, aftercare

release, final discharge, or pardon from the Department of Corrections or Department of Juvenile Justice............................ No Fee t. Original card issued to a person up to 14 days prior to or upon conditional release or absolute discharge from the Department of Human Services............ No Fee u. Limited-term Illinois Identification Card issued to a person up to 14 days prior to or upon conditional release or absolute discharge from the Department of Human Services....... No Fee

All fees collected under this Act shall be paid into the

Road Fund of the State treasury, except that the following

amounts shall be paid into the General Revenue Fund: (i) 80% of

the fee for an original, renewal, or duplicate Illinois

Identification Card issued on or after January 1, 2005; and

(ii) 80% of the fee for a corrected Illinois Identification

Card issued on or after January 1, 2005.

An individual, who resides in a veterans home or veterans

hospital operated by the State or federal government, who makes

an application for an Illinois Identification Card to be issued

at no fee, must submit, along with the application, an

affirmation by the applicant on a form provided by the

Secretary of State, that such person resides in a veterans home

or veterans hospital operated by the State or federal

government.

The application of a homeless individual for an Illinois

Identification Card to be issued at no fee must be accompanied

by an affirmation by a qualified person, as defined in Section

4C of this Act, on a form provided by the Secretary of State,

that the applicant is currently homeless as defined in Section

1A of this Act.

For the application for the first Illinois Identification

Card of a youth for whom the Department of Children and Family

Services is legally responsible or a foster child to be issued

at no fee, the youth must submit, along with the application,

an affirmation by his or her court appointed attorney or an

employee of the Department of Children and Family Services on a

form provided by the Secretary of State, that the person is a

youth for whom the Department of Children and Family Services

is legally responsible or a foster child.

The fee for any duplicate identification card shall be

waived for any person who presents the Secretary of State's

Office with a police report showing that his or her

identification card was stolen.

The fee for any duplicate identification card shall be

waived for any person age 60 or older whose identification card

has been lost or stolen.

As used in this Section, "active-duty member of the United

States Armed Forces" means a member of the Armed Services or

Reserve Forces of the United States or a member of the Illinois

National Guard who is called to active duty pursuant to an

executive order of the President of the United States, an act

of the Congress of the United States, or an order of the

Governor.

(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17;

99-907, eff. 7-1-17; 100-201, eff. 8-18-17; 100-717, eff.

7-1-19; 100-827, eff. 8-13-18; revised 9-4-18.)

Section 75. The State Treasurer Act is amended by changing

Section 16.5 as follows:

(15 ILCS 505/16.5)

Sec. 16.5. College Savings Pool.

(a) Definitions. As used in this Section:

"Account owner" means any person or entity who has opened

an account or to whom ownership of an account has been

transferred, as allowed by the Internal Revenue Code, and who

has authority to withdraw funds, direct withdrawal of funds,

change the designated beneficiary, or otherwise exercise

control over an account in the College Savings Pool.

"Donor" means any person or entity who makes contributions

to an account in the College Savings Pool.

"Designated beneficiary" means any individual designated

as the beneficiary of an account in the College Savings Pool by

an account owner. A designated beneficiary must have a valid

social security number or taxpayer identification number. In

the case of an account established as part of a scholarship

program permitted under Section 529 of the Internal Revenue

Code, the designated beneficiary is any individual receiving

benefits accumulated in the account as a scholarship.

"Member of the family" has the same meaning ascribed to

that term under Section 529 of the Internal Revenue Code.

"Nonqualified withdrawal" means a distribution from an

account other than a distribution that (i) is used for the

qualified expenses of the designated beneficiary; (ii) results

from the beneficiary's death or disability; (iii) is a rollover

to another account in the College Savings Pool; or (iv) is a

rollover to an ABLE account, as defined in Section 16.6 of this

Act, or any distribution that, within 60 days after such

distribution, is transferred to an ABLE account of the

designated beneficiary or a member of the family of the

designated beneficiary to the extent that the distribution,

when added to all other contributions made to the ABLE account

for the taxable year, does not exceed the limitation under

Section 529A(b)(2)(B)(i) of the Internal Revenue Code.

"Program manager" means any financial institution or

entity lawfully doing business in the State of Illinois

selected by the State Treasurer to oversee the recordkeeping,

custody, customer service, investment management, and

marketing for one or more of the programs in the College

Savings Pool.

"Qualified expenses" means: (i) tuition, fees, and the

costs of books, supplies, and equipment required for enrollment

or attendance at an eligible educational institution; (ii)

expenses for special needs services, in the case of a special

needs beneficiary, which are incurred in connection with such

enrollment or attendance; (iii) certain expenses for the

purchase of computer or peripheral equipment, as defined in

Section 168 of the federal Internal Revenue Code (26 U.S.C.

168), computer software, as defined in Section 197 of the

federal Internal Revenue Code (26 U.S.C. 197), or Internet

access and related services, if such equipment, software, or

services are to be used primarily by the beneficiary during any

of the years the beneficiary is enrolled at an eligible

educational institution, except that, such expenses shall not

include expenses for computer software designed for sports,

games, or hobbies, unless the software is predominantly

educational in nature; and (iv) room and board expenses

incurred while attending an eligible educational institution

at least half-time. "Eligible educational institutions", as

used in this Section, means public and private colleges, junior

colleges, graduate schools, and certain vocational

institutions that are described in Section 481 of the Higher

Education Act of 1965 (20 U.S.C. 1088) and that are eligible to

participate in Department of Education student aid programs. A

student shall be considered to be enrolled at least half-time

if the student is enrolled for at least half the full-time

academic workload for the course of study the student is

pursuing as determined under the standards of the institution

at which the student is enrolled.

(b) Establishment of the Pool. The State Treasurer may

establish and administer a College Savings Pool as a qualified

tuition program under Section 529 of the Internal Revenue Code.

The Pool may consist of one or more college savings programs.

The State Treasurer, in administering the College Savings Pool,

may receive, hold, and invest moneys paid into the Pool and

perform such other actions as are necessary to ensure that the

Pool operates as a qualified tuition program in accordance with

Section 529 of the Internal Revenue Code.

(c) Administration of the College Savings Pool. The State

Treasurer may engage one or more financial institutions to

handle the overall administration, investment management,

recordkeeping, and marketing of the programs in the College

Savings Pool. The contributions deposited in the Pool, and any

earnings thereon, shall not constitute property of the State or

be commingled with State funds and the State shall have no

claim to or against, or interest in, such funds.

(d) Availability of the College Savings Pool. The State

Treasurer may permit persons, including trustees of trusts and

custodians under a Uniform Transfers to Minors Act or Uniform

Gifts to Minors Act account, and certain legal entities to be

account owners, including as part of a scholarship program,

provided that: (1) an individual, trustee or custodian must

have a valid social security number or taxpayer identification

number, be at least 18 years of age, and have a valid United

States street address; and (2) a legal entity must have a valid

taxpayer identification number and a valid United States street

address. Both in-state and out-of-state persons may be account

owners and donors, and both in-state and out-of-state

individuals may be designated beneficiaries in the College

Savings Pool.

(e) Fees. The State Treasurer shall establish fees to be

imposed on accounts to recover the costs of administration,

recordkeeping, and investment management. The Treasurer must

use his or her best efforts to keep these fees as low as

possible and consistent with administration of high quality

competitive college savings programs.

(f) Investments in the State. To enhance the safety and

liquidity of the College Savings Pool, to ensure the

diversification of the investment portfolio of the College

Savings Pool, and in an effort to keep investment dollars in

the State of Illinois, the State Treasurer may make a

percentage of each account available for investment in

participating financial institutions doing business in the

State.

(g) Investment policy. The Treasurer shall develop,

publish, and implement an investment policy covering the

investment of the moneys in each of the programs in the College

Savings Pool. The policy shall be published each year as part

of the audit of the College Savings Pool by the Auditor

General, which shall be distributed to all account owners in

such program. The Treasurer shall notify all account owners in

such program in writing, and the Treasurer shall publish in a

newspaper of general circulation in both Chicago and

Springfield, any changes to the previously published

investment policy at least 30 calendar days before implementing

the policy. Any investment policy adopted by the Treasurer

shall be reviewed and updated if necessary within 90 days

following the date that the State Treasurer takes office.

(h) Investment restrictions. An account owner may,

directly or indirectly, direct the investment of any

contributions to the College Savings Pool (or any earnings

thereon) only as provided in Section 529(b)(4) of the Internal

Revenue Code. Donors and designated beneficiaries, in those

capacities, may not, directly or indirectly, direct the

investment of any contributions to the Pool (or any earnings

thereon).

(i) Distributions. Distributions from an account in the

College Savings Pool may be used for the designated

beneficiary's qualified expenses. Funds contained in a College

Savings Pool account may be rolled over into an eligible ABLE

account, as defined in Section 16.6 of this Act, to the extent

permitted by Section 529(c)(3)(C) of the Internal Revenue Code.

To the extent a nonqualified withdrawal is made from an

account, the earnings portion of such distribution may be

treated by the Internal Revenue Service as income subject to

income tax and a 10% federal penalty tax. Internet

Distributions made from the College Savings Pool may be

made directly to the educational institution, directly to a

vendor, in the form of a check payable to both the designated

beneficiary and the institution or vendor, directly to the

designated beneficiary or account owner, or in any other manner

that is permissible under Section 529 of the Internal Revenue

Code.

(j) Contributions. Contributions to the College Savings

Pool shall be as follows:

(1) Contributions to an account in the College Savings

Pool may be made only in cash.

(2) The Treasurer shall limit the contributions that

may be made to the College Savings Pool on behalf of a

designated beneficiary, as required under Section 529 of

the Internal Revenue Code, to prevent contributions for the

benefit of a designated beneficiary in excess of those

necessary to provide for the qualified expenses of the

designated beneficiary. The Pool shall not permit any

additional contributions to an account as soon as the

aggregate accounts for the designated beneficiary in the

Pool reach a specified account balance limit applicable to

all designated beneficiaries.

(3) The contributions made on behalf of a designated

beneficiary who is also a beneficiary under the Illinois

Prepaid Tuition Program shall be further restricted to

ensure that the contributions in both programs combined do

not exceed the limit established for the College Savings

Pool.

(k) Illinois Student Assistance Commission. The Treasurer

shall provide the Illinois Student Assistance Commission each

year at a time designated by the Commission, an electronic

report of all account owner accounts in the Treasurer's College

Savings Pool, listing total contributions and disbursements

from each individual account during the previous calendar year.

As soon thereafter as is possible following receipt of the

Treasurer's report, the Illinois Student Assistance Commission

shall, in turn, provide the Treasurer with an electronic report

listing those College Savings Pool account owners who also

participate in the State's prepaid tuition program,

administered by the Commission. The Commission shall be

responsible for filing any combined tax reports regarding State

qualified savings programs required by the United States

Internal Revenue Service.

The Treasurer shall work with the Illinois Student

Assistance Commission to coordinate the marketing of the

College Savings Pool and the Illinois Prepaid Tuition Program

when considered beneficial by the Treasurer and the Director of

the Illinois Student Assistance Commission. The Treasurer

shall provide a separate accounting for each designated

beneficiary to each account owner.

(l) Prohibition; exemption. No interest in the program, or

any portion thereof, may be used as security for a loan. Moneys

held in an account invested in the College Savings Pool shall

be exempt from all claims of the creditors of the account

owner, donor, or designated beneficiary of that account, except

for the non-exempt College Savings Pool transfers to or from

the account as defined under subsection (j) of Section 12-1001

of the Code of Civil Procedure.

(m) Taxation. The assets of the College Savings Pool and

its income and operation shall be exempt from all taxation by

the State of Illinois and any of its subdivisions. The accrued

earnings on investments in the Pool once disbursed on behalf of

a designated beneficiary shall be similarly exempt from all

taxation by the State of Illinois and its subdivisions, so long

as they are used for qualified expenses. Contributions to a

College Savings Pool account during the taxable year may be

deducted from adjusted gross income as provided in Section 203

of the Illinois Income Tax Act. The provisions of this

paragraph are exempt from Section 250 of the Illinois Income

Tax Act.

(n) Rules. The Treasurer shall adopt rules he or she

considers necessary for the efficient administration of the

College Savings Pool. The rules shall provide whatever

additional parameters and restrictions are necessary to ensure

that the College Savings Pool meets all of the requirements for

a qualified state tuition program under Section 529 of the

Internal Revenue Code.

The rules shall provide for the administration expenses of

the Pool to be paid from its earnings and for the investment

earnings in excess of the expenses to be credited at least

monthly to the account owners in the Pool in a manner which

equitably reflects the differing amounts of their respective

investments in the Pool and the differing periods of time for

which those amounts were in the custody of the Pool.

The rules shall require the maintenance of records that

enable the Treasurer's office to produce a report for each

account in the Pool at least annually that documents the

account balance and investment earnings.

Notice of any proposed amendments to the rules and

regulations shall be provided to all account owners prior to

adoption. Amendments to rules and regulations shall apply only

to contributions made after the adoption of the amendment.

(o) Bond. The State Treasurer shall give bond with at least

one surety, payable to and for the benefit of the account

owners in the College Savings Pool, in the penal sum of

$10,000,000, conditioned upon the faithful discharge of his or

her duties in relation to the College Savings Pool.

(Source: P.A. 99-143, eff. 7-27-15; 100-161, eff. 8-18-17;

100-863, eff. 8-14-18; 100-905, eff. 8-17-18; revised

10-18-18.)

Section 80. The Deposit of State Moneys Act is amended by

changing Section 22.5 as follows:

(15 ILCS 520/22.5) (from Ch. 130, par. 41a)

(For force and effect of certain provisions, see Section 90

of P.A. 94-79)

Sec. 22.5. Permitted investments. The State Treasurer may,

with the approval of the Governor, invest and reinvest any

State money in the treasury which is not needed for current

expenditures due or about to become due, in obligations of the

United States government or its agencies or of National

Mortgage Associations established by or under the National

Housing Act, 12 1201 U.S.C. 1701 et seq., or in mortgage

participation certificates representing undivided interests in

specified, first-lien conventional residential Illinois

mortgages that are underwritten, insured, guaranteed, or

purchased by the Federal Home Loan Mortgage Corporation or in

Affordable Housing Program Trust Fund Bonds or Notes as defined

in and issued pursuant to the Illinois Housing Development Act.

All such obligations shall be considered as cash and may be

delivered over as cash by a State Treasurer to his successor.

The State Treasurer may, with the approval of the Governor,

purchase any state bonds with any money in the State Treasury

that has been set aside and held for the payment of the

principal of and interest on the bonds. The bonds shall be

considered as cash and may be delivered over as cash by the

State Treasurer to his successor.

The State Treasurer may, with the approval of the Governor,

invest or reinvest any State money in the treasury that is not

needed for current expenditure due or about to become due, or

any money in the State Treasury that has been set aside and

held for the payment of the principal of and the interest on

any State bonds, in shares, withdrawable accounts, and

investment certificates of savings and building and loan

associations, incorporated under the laws of this State or any

other state or under the laws of the United States; provided,

however, that investments may be made only in those savings and

loan or building and loan associations the shares and

withdrawable accounts or other forms of investment securities

of which are insured by the Federal Deposit Insurance

Corporation.

The State Treasurer may not invest State money in any

savings and loan or building and loan association unless a

commitment by the savings and loan (or building and loan)

association, executed by the president or chief executive

officer of that association, is submitted in the following

form:

The .................. Savings and Loan (or Building

and Loan) Association pledges not to reject arbitrarily

mortgage loans for residential properties within any

specific part of the community served by the savings and

loan (or building and loan) association because of the

location of the property. The savings and loan (or building

and loan) association also pledges to make loans available

on low and moderate income residential property throughout

the community within the limits of its legal restrictions

and prudent financial practices.

The State Treasurer may, with the approval of the Governor,

invest or reinvest, at a price not to exceed par, any State

money in the treasury that is not needed for current

expenditures due or about to become due, or any money in the

State Treasury that has been set aside and held for the payment

of the principal of and interest on any State bonds, in bonds

issued by counties or municipal corporations of the State of

Illinois.

The State Treasurer may, with the approval of the Governor,

invest or reinvest any State money in the Treasury which is not

needed for current expenditure, due or about to become due, or

any money in the State Treasury which has been set aside and

held for the payment of the principal of and the interest on

any State bonds, in participations in loans, the principal of

which participation is fully guaranteed by an agency or

instrumentality of the United States government; provided,

however, that such loan participations are represented by

certificates issued only by banks which are incorporated under

the laws of this State or any other state or under the laws of

the United States, and such banks, but not the loan

participation certificates, are insured by the Federal Deposit

Insurance Corporation.

Whenever the total amount of vouchers presented to the

Comptroller under Section 9 of the State Comptroller Act

exceeds the funds available in the General Revenue Fund by

$1,000,000,000 or more, then the State Treasurer may invest any

State money in the Treasury, other than money in the General

Revenue Fund, Health Insurance Reserve Fund, Attorney General

Court Ordered and Voluntary Compliance Payment Projects Fund,

Attorney General Whistleblower Reward and Protection Fund, and

Attorney General's State Projects and Court Ordered

Distribution Fund, which is not needed for current

expenditures, due or about to become due, or any money in the

State Treasury which has been set aside and held for the

payment of the principal of and the interest on any State bonds

with the Office of the Comptroller in order to enable the

Comptroller to pay outstanding vouchers. At any time, and from

time to time outstanding, such investment shall not be greater

than $2,000,000,000. Such investment shall be deposited into

the General Revenue Fund or Health Insurance Reserve Fund as

determined by the Comptroller. Such investment shall be repaid

by the Comptroller with an interest rate tied to the London

Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an

equivalent market established variable rate, but in no case

shall such interest rate exceed the lesser of the penalty rate

established under the State Prompt Payment Act or the timely

pay interest rate under Section 368a of the Illinois Insurance

Code. The State Treasurer and the Comptroller shall enter into

an intergovernmental agreement to establish procedures for

such investments, which market established variable rate to

which the interest rate for the investments should be tied, and

other terms which the State Treasurer and Comptroller

reasonably believe to be mutually beneficial concerning these

investments by the State Treasurer. The State Treasurer and

Comptroller shall also enter into a written agreement for each

such investment that specifies the period of the investment,

the payment interval, the interest rate to be paid, the funds

in the Treasury from which the Treasurer will draw the

investment, and other terms upon which the State Treasurer and

Comptroller mutually agree. Such investment agreements shall

be public records and the State Treasurer shall post the terms

of all such investment agreements on the State Treasurer's

official website. In compliance with the intergovernmental

agreement, the Comptroller shall order and the State Treasurer

shall transfer amounts sufficient for the payment of principal

and interest invested by the State Treasurer with the Office of

the Comptroller under this paragraph from the General Revenue

Fund or the Health Insurance Reserve Fund to the respective

funds in the Treasury from which the State Treasurer drew the

investment. Public Act 100-1107 This amendatory Act of the

100th General Assembly shall constitute an irrevocable and

continuing authority for all amounts necessary for the payment

of principal and interest on the investments made with the

Office of the Comptroller by the State Treasurer under this

paragraph, and the irrevocable and continuing authority for and

direction to the Comptroller and Treasurer to make the

necessary transfers.

The State Treasurer may, with the approval of the Governor,

invest or reinvest any State money in the Treasury that is not

needed for current expenditure, due or about to become due, or

any money in the State Treasury that has been set aside and

held for the payment of the principal of and the interest on

any State bonds, in any of the following:

(1) Bonds, notes, certificates of indebtedness,

Treasury bills, or other securities now or hereafter issued

that are guaranteed by the full faith and credit of the

United States of America as to principal and interest.

(2) Bonds, notes, debentures, or other similar

obligations of the United States of America, its agencies,

and instrumentalities.

(2.5) Bonds, notes, debentures, or other similar

obligations of a foreign government, other than the

Republic of the Sudan, that are guaranteed by the full

faith and credit of that government as to principal and

interest, but only if the foreign government has not

defaulted and has met its payment obligations in a timely

manner on all similar obligations for a period of at least

25 years immediately before the time of acquiring those

obligations.

(3) Interest-bearing savings accounts,

interest-bearing certificates of deposit, interest-bearing

time deposits, or any other investments constituting

direct obligations of any bank as defined by the Illinois

Banking Act.

(4) Interest-bearing accounts, certificates of

deposit, or any other investments constituting direct

obligations of any savings and loan associations

incorporated under the laws of this State or any other

state or under the laws of the United States.

(5) Dividend-bearing share accounts, share certificate

accounts, or class of share accounts of a credit union

chartered under the laws of this State or the laws of the

United States; provided, however, the principal office of

the credit union must be located within the State of

Illinois.

(6) Bankers' acceptances of banks whose senior

obligations are rated in the top 2 rating categories by 2

national rating agencies and maintain that rating during

the term of the investment.

(7) Short-term obligations of either corporations or

limited liability companies organized in the United States

with assets exceeding $500,000,000 if (i) the obligations

are rated at the time of purchase at one of the 3 highest

classifications established by at least 2 standard rating

services and mature not later than 270 days from the date

of purchase, (ii) the purchases do not exceed 10% of the

corporation's or the limited liability company's

outstanding obligations, (iii) no more than one-third of

the public agency's funds are invested in short-term

obligations of either corporations or limited liability

companies, and (iv) the corporation or the limited

liability company has not been placed on the list of

restricted companies by the Illinois Investment Policy

Board under Section 1-110.16 of the Illinois Pension Code.

(7.5) Obligations of either corporations or limited

liability companies organized in the United States, that

have a significant presence in this State, with assets

exceeding $500,000,000 if: (i) the obligations are rated at

the time of purchase at one of the 3 highest

classifications established by at least 2 standard rating

services and mature more than 270 days, but less than 5

years, from the date of purchase; (ii) the purchases do not

exceed 10% of the corporation's or the limited liability

company's outstanding obligations; (iii) no more than 5% of

the public agency's funds are invested in such obligations

of corporations or limited liability companies; and (iv)

the corporation or the limited liability company has not

been placed on the list of restricted companies by the

Illinois Investment Policy Board under Section 1-110.16 of

the Illinois Pension Code. The authorization of the

Treasurer to invest in new obligations under this paragraph

shall expire on June 30, 2019.

(8) Money market mutual funds registered under the

Investment Company Act of 1940, provided that the portfolio

of the money market mutual fund is limited to obligations

described in this Section and to agreements to repurchase

such obligations.

(9) The Public Treasurers' Investment Pool created

under Section 17 of the State Treasurer Act or in a fund

managed, operated, and administered by a bank.

(10) Repurchase agreements of government securities

having the meaning set out in the Government Securities Act

of 1986, as now or hereafter amended or succeeded, subject

to the provisions of that Act and the regulations issued

thereunder.

(11) Investments made in accordance with the

Technology Development Act.

For purposes of this Section, "agencies" of the United

States Government includes:

(i) the federal land banks, federal intermediate

credit banks, banks for cooperatives, federal farm credit

banks, or any other entity authorized to issue debt

obligations under the Farm Credit Act of 1971 (12 U.S.C.

2001 et seq.) and Acts amendatory thereto;

(ii) the federal home loan banks and the federal home

loan mortgage corporation;

(iii) the Commodity Credit Corporation; and

(iv) any other agency created by Act of Congress.

The Treasurer may, with the approval of the Governor, lend

any securities acquired under this Act. However, securities may

be lent under this Section only in accordance with Federal

Financial Institution Examination Council guidelines and only

if the securities are collateralized at a level sufficient to

assure the safety of the securities, taking into account market

value fluctuation. The securities may be collateralized by cash

or collateral acceptable under Sections 11 and 11.1.

(Source: P.A. 99-856, eff. 8-19-16; 100-1107, eff. 8-27-18;

revised 9-27-18.)

Section 85. The Substance Use Disorder Act is amended by

changing Section 55-30 and by setting forth and renumbering

multiple versions of Section 55-35 as follows:

(20 ILCS 301/55-30)

Sec. 55-30. Rate increase.

(a) The Department July 6, 2017 (Public Act 100-23) shall

by rule develop the increased rate methodology and annualize

the increased rate beginning with State fiscal year 2018

contracts to licensed providers of community-based substance

use disorder intervention or treatment, based on the additional

amounts appropriated for the purpose of providing a rate

increase to licensed providers. The Department shall adopt

rules, including emergency rules under subsection (y) of

Section 5-45 of the Illinois Administrative Procedure Act, to

implement the provisions of this Section.

(b) Within 30 days after June 4, 2018 (the effective date

of Public Act 100-587) this amendatory Act of the 100th General

Assembly, the Division of Substance Use Prevention and Recovery

shall apply an increase in rates of 3% above the rate paid on

June 30, 2017 to all Medicaid and non-Medicaid reimbursable

service rates. The Department shall adopt rules, including

emergency rules under subsection (bb) of Section 5-45 of the

Illinois Administrative Procedure Act, to implement the

provisions of this subsection (b).

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

100-759, eff. 1-1-19; revised 9-14-18.)

(20 ILCS 301/55-35)

Sec. 55-35. Tobacco enforcement.

(a) The Department of Human Services may contract with the

Food and Drug Administration of the U.S. Department of Health

and Human Services to conduct unannounced investigations of

Illinois tobacco vendors to determine compliance with federal

laws relating to the illegal sale of cigarettes and smokeless

tobacco products to persons under the age of 18.

(b) Grant funds received from the Food and Drug

Administration of the U.S. Department of Health and Human

Services for conducting unannounced investigations of Illinois

tobacco vendors shall be deposited into the Tobacco Settlement

Recovery Fund starting July 1, 2018.

(Source: P.A. 100-1012, eff. 8-21-18.)

(20 ILCS 301/55-40)

Sec. 55-40 55-35. Recovery residences.

(a) As used in this Section, "recovery residence" means a

sober, safe, and healthy living environment that promotes

recovery from alcohol and other drug use and associated

problems. These residences are not subject to Department

licensure as they are viewed as independent living residences

that only provide peer support and a lengthened exposure to the

culture of recovery.

(b) The Department shall develop and maintain an online

registry for recovery residences that operate in Illinois to

serve as a resource for individuals seeking continued recovery

assistance.

(c) Non-licensable recovery residences are encouraged to

register with the Department and the registry shall be publicly

available through online posting.

(d) The registry shall indicate any accreditation,

certification, or licensure that each recovery residence has

received from an entity that has developed uniform national

standards. The registry shall also indicate each recovery

residence's location in order to assist providers and

individuals in finding alcohol and drug free housing options

with like-minded residents who are committed to alcohol and

drug free living.

(e) Registrants are encouraged to seek national

accreditation from any entity that has developed uniform State

or national standards for recovery residences.

(f) The Department shall include a disclaimer on the

registry that states that the recovery residences are not

regulated by the Department and their listing is provided as a

resource but not as an endorsement by the State.

(Source: P.A. 100-1062, eff. 1-1-19; revised 9-14-18.)

Section 90. The Children and Family Services Act is amended

by changing Section 5 as follows:

(20 ILCS 505/5) (from Ch. 23, par. 5005)

Sec. 5. Direct child welfare services; Department of

Children and Family Services. To provide direct child welfare

services when not available through other public or private

child care or program facilities.

(a) For purposes of this Section:

(1) "Children" means persons found within the State who

are under the age of 18 years. The term also includes

persons under age 21 who:

(A) were committed to the Department pursuant to

the Juvenile Court Act or the Juvenile Court Act of

1987, as amended, prior to the age of 18 and who

continue under the jurisdiction of the court; or

(B) were accepted for care, service and training by

the Department prior to the age of 18 and whose best

interest in the discretion of the Department would be

served by continuing that care, service and training

because of severe emotional disturbances, physical

disability, social adjustment or any combination

thereof, or because of the need to complete an

educational or vocational training program.

(2) "Homeless youth" means persons found within the

State who are under the age of 19, are not in a safe and

stable living situation and cannot be reunited with their

families.

(3) "Child welfare services" means public social

services which are directed toward the accomplishment of

the following purposes:

(A) protecting and promoting the health, safety

and welfare of children, including homeless, dependent

or neglected children;

(B) remedying, or assisting in the solution of

problems which may result in, the neglect, abuse,

exploitation or delinquency of children;

(C) preventing the unnecessary separation of

children from their families by identifying family

problems, assisting families in resolving their

problems, and preventing the breakup of the family

where the prevention of child removal is desirable and

possible when the child can be cared for at home

without endangering the child's health and safety;

(D) restoring to their families children who have

been removed, by the provision of services to the child

and the families when the child can be cared for at

home without endangering the child's health and

safety;

(E) placing children in suitable adoptive homes,

in cases where restoration to the biological family is

not safe, possible or appropriate;

(F) assuring safe and adequate care of children

away from their homes, in cases where the child cannot

be returned home or cannot be placed for adoption. At

the time of placement, the Department shall consider

concurrent planning, as described in subsection (l-1)

of this Section so that permanency may occur at the

earliest opportunity. Consideration should be given so

that if reunification fails or is delayed, the

placement made is the best available placement to

provide permanency for the child;

(G) (blank);

(H) (blank); and

(I) placing and maintaining children in facilities

that provide separate living quarters for children

under the age of 18 and for children 18 years of age

and older, unless a child 18 years of age is in the

last year of high school education or vocational

training, in an approved individual or group treatment

program, in a licensed shelter facility, or secure

child care facility. The Department is not required to

place or maintain children:

(i) who are in a foster home, or

(ii) who are persons with a developmental

disability, as defined in the Mental Health and

Developmental Disabilities Code, or

(iii) who are female children who are

pregnant, pregnant and parenting or parenting, or

(iv) who are siblings, in facilities that

provide separate living quarters for children 18

years of age and older and for children under 18

years of age.

(b) Nothing in this Section shall be construed to authorize

the expenditure of public funds for the purpose of performing

abortions.

(c) The Department shall establish and maintain

tax-supported child welfare services and extend and seek to

improve voluntary services throughout the State, to the end

that services and care shall be available on an equal basis

throughout the State to children requiring such services.

(d) The Director may authorize advance disbursements for

any new program initiative to any agency contracting with the

Department. As a prerequisite for an advance disbursement, the

contractor must post a surety bond in the amount of the advance

disbursement and have a purchase of service contract approved

by the Department. The Department may pay up to 2 months

operational expenses in advance. The amount of the advance

disbursement shall be prorated over the life of the contract or

the remaining months of the fiscal year, whichever is less, and

the installment amount shall then be deducted from future

bills. Advance disbursement authorizations for new initiatives

shall not be made to any agency after that agency has operated

during 2 consecutive fiscal years. The requirements of this

Section concerning advance disbursements shall not apply with

respect to the following: payments to local public agencies for

child day care services as authorized by Section 5a of this

Act; and youth service programs receiving grant funds under

Section 17a-4.

(e) (Blank).

(f) (Blank).

(g) The Department shall establish rules and regulations

concerning its operation of programs designed to meet the goals

of child safety and protection, family preservation, family

reunification, and adoption, including but not limited to:

(1) adoption;

(2) foster care;

(3) family counseling;

(4) protective services;

(5) (blank);

(6) homemaker service;

(7) return of runaway children;

(8) (blank);

(9) placement under Section 5-7 of the Juvenile Court

Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

Court Act of 1987 in accordance with the federal Adoption

Assistance and Child Welfare Act of 1980; and

(10) interstate services.

Rules and regulations established by the Department shall

include provisions for training Department staff and the staff

of Department grantees, through contracts with other agencies

or resources, in screening techniques to identify substance use

disorders, as defined in the Substance Use Disorder Act,

approved by the Department of Human Services, as a successor to

the Department of Alcoholism and Substance Abuse, for the

purpose of identifying children and adults who should be

referred for an assessment at an organization appropriately

licensed by the Department of Human Services for substance use

disorder treatment.

(h) If the Department finds that there is no appropriate

program or facility within or available to the Department for a

youth in care and that no licensed private facility has an

adequate and appropriate program or none agrees to accept the

youth in care, the Department shall create an appropriate

individualized, program-oriented plan for such youth in care.

The plan may be developed within the Department or through

purchase of services by the Department to the extent that it is

within its statutory authority to do.

(i) Service programs shall be available throughout the

State and shall include but not be limited to the following

services:

(1) case management;

(2) homemakers;

(3) counseling;

(4) parent education;

(5) day care; and

(6) emergency assistance and advocacy.

In addition, the following services may be made available

to assess and meet the needs of children and families:

(1) comprehensive family-based services;

(2) assessments;

(3) respite care; and

(4) in-home health services.

The Department shall provide transportation for any of the

services it makes available to children or families or for

which it refers children or families.

(j) The Department may provide categories of financial

assistance and education assistance grants, and shall

establish rules and regulations concerning the assistance and

grants, to persons who adopt children with physical or mental

disabilities, children who are older, or other hard-to-place

children who (i) immediately prior to their adoption were youth

in care or (ii) were determined eligible for financial

assistance with respect to a prior adoption and who become

available for adoption because the prior adoption has been

dissolved and the parental rights of the adoptive parents have

been terminated or because the child's adoptive parents have

died. The Department may continue to provide financial

assistance and education assistance grants for a child who was

determined eligible for financial assistance under this

subsection (j) in the interim period beginning when the child's

adoptive parents died and ending with the finalization of the

new adoption of the child by another adoptive parent or

parents. The Department may also provide categories of

financial assistance and education assistance grants, and

shall establish rules and regulations for the assistance and

grants, to persons appointed guardian of the person under

Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

4-25, or 5-740 of the Juvenile Court Act of 1987 for children

who were youth in care for 12 months immediately prior to the

appointment of the guardian.

The amount of assistance may vary, depending upon the needs

of the child and the adoptive parents, as set forth in the

annual assistance agreement. Special purpose grants are

allowed where the child requires special service but such costs

may not exceed the amounts which similar services would cost

the Department if it were to provide or secure them as guardian

of the child.

Any financial assistance provided under this subsection is

inalienable by assignment, sale, execution, attachment,

garnishment, or any other remedy for recovery or collection of

a judgment or debt.

(j-5) The Department shall not deny or delay the placement

of a child for adoption if an approved family is available

either outside of the Department region handling the case, or

outside of the State of Illinois.

(k) The Department shall accept for care and training any

child who has been adjudicated neglected or abused, or

dependent committed to it pursuant to the Juvenile Court Act or

the Juvenile Court Act of 1987.

(l) The Department shall offer family preservation

services, as defined in Section 8.2 of the Abused and Neglected

Child Reporting Act, to help families, including adoptive and

extended families. Family preservation services shall be

offered (i) to prevent the placement of children in substitute

care when the children can be cared for at home or in the

custody of the person responsible for the children's welfare,

(ii) to reunite children with their families, or (iii) to

maintain an adoptive placement. Family preservation services

shall only be offered when doing so will not endanger the

children's health or safety. With respect to children who are

in substitute care pursuant to the Juvenile Court Act of 1987,

family preservation services shall not be offered if a goal

other than those of subdivisions (A), (B), or (B-1) of

subsection (2) of Section 2-28 of that Act has been set, except

that reunification services may be offered as provided in

paragraph (F) of subsection (2) of Section 2-28 of that Act.

Nothing in this paragraph shall be construed to create a

private right of action or claim on the part of any individual

or child welfare agency, except that when a child is the

subject of an action under Article II of the Juvenile Court Act

of 1987 and the child's service plan calls for services to

facilitate achievement of the permanency goal, the court

hearing the action under Article II of the Juvenile Court Act

of 1987 may order the Department to provide the services set

out in the plan, if those services are not provided with

reasonable promptness and if those services are available.

The Department shall notify the child and his family of the

Department's responsibility to offer and provide family

preservation services as identified in the service plan. The

child and his family shall be eligible for services as soon as

the report is determined to be "indicated". The Department may

offer services to any child or family with respect to whom a

report of suspected child abuse or neglect has been filed,

prior to concluding its investigation under Section 7.12 of the

Abused and Neglected Child Reporting Act. However, the child's

or family's willingness to accept services shall not be

considered in the investigation. The Department may also

provide services to any child or family who is the subject of

any report of suspected child abuse or neglect or may refer

such child or family to services available from other agencies

in the community, even if the report is determined to be

unfounded, if the conditions in the child's or family's home

are reasonably likely to subject the child or family to future

reports of suspected child abuse or neglect. Acceptance of such

services shall be voluntary. The Department may also provide

services to any child or family after completion of a family

assessment, as an alternative to an investigation, as provided

under the "differential response program" provided for in

subsection (a-5) of Section 7.4 of the Abused and Neglected

Child Reporting Act.

The Department may, at its discretion except for those

children also adjudicated neglected or dependent, accept for

care and training any child who has been adjudicated addicted,

as a truant minor in need of supervision or as a minor

requiring authoritative intervention, under the Juvenile Court

Act or the Juvenile Court Act of 1987, but no such child shall

be committed to the Department by any court without the

approval of the Department. On and after January 1, 2015 (the

effective date of Public Act 98-803) and before January 1,

2017, a minor charged with a criminal offense under the

Criminal Code of 1961 or the Criminal Code of 2012 or

adjudicated delinquent shall not be placed in the custody of or

committed to the Department by any court, except (i) a minor

less than 16 years of age committed to the Department under

Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

for whom an independent basis of abuse, neglect, or dependency

exists, which must be defined by departmental rule, or (iii) a

minor for whom the court has granted a supplemental petition to

reinstate wardship pursuant to subsection (2) of Section 2-33

of the Juvenile Court Act of 1987. On and after January 1,

2017, a minor charged with a criminal offense under the

Criminal Code of 1961 or the Criminal Code of 2012 or

adjudicated delinquent shall not be placed in the custody of or

committed to the Department by any court, except (i) a minor

less than 15 years of age committed to the Department under

Section 5-710 of the Juvenile Court Act of 1987, ii) a minor

for whom an independent basis of abuse, neglect, or dependency

exists, which must be defined by departmental rule, or (iii) a

minor for whom the court has granted a supplemental petition to

reinstate wardship pursuant to subsection (2) of Section 2-33

of the Juvenile Court Act of 1987. An independent basis exists

when the allegations or adjudication of abuse, neglect, or

dependency do not arise from the same facts, incident, or

circumstances which give rise to a charge or adjudication of

delinquency. The Department shall assign a caseworker to attend

any hearing involving a youth in the care and custody of the

Department who is placed on aftercare release, including

hearings involving sanctions for violation of aftercare

release conditions and aftercare release revocation hearings.

As soon as is possible after August 7, 2009 (the effective

date of Public Act 96-134), the Department shall develop and

implement a special program of family preservation services to

support intact, foster, and adoptive families who are

experiencing extreme hardships due to the difficulty and stress

of caring for a child who has been diagnosed with a pervasive

developmental disorder if the Department determines that those

services are necessary to ensure the health and safety of the

child. The Department may offer services to any family whether

or not a report has been filed under the Abused and Neglected

Child Reporting Act. The Department may refer the child or

family to services available from other agencies in the

community if the conditions in the child's or family's home are

reasonably likely to subject the child or family to future

reports of suspected child abuse or neglect. Acceptance of

these services shall be voluntary. The Department shall develop

and implement a public information campaign to alert health and

social service providers and the general public about these

special family preservation services. The nature and scope of

the services offered and the number of families served under

the special program implemented under this paragraph shall be

determined by the level of funding that the Department annually

allocates for this purpose. The term "pervasive developmental

disorder" under this paragraph means a neurological condition,

including but not limited to, Asperger's Syndrome and autism,

as defined in the most recent edition of the Diagnostic and

Statistical Manual of Mental Disorders of the American

Psychiatric Association.

(l-1) The legislature recognizes that the best interests of

the child require that the child be placed in the most

permanent living arrangement as soon as is practically

possible. To achieve this goal, the legislature directs the

Department of Children and Family Services to conduct

concurrent planning so that permanency may occur at the

earliest opportunity. Permanent living arrangements may

include prevention of placement of a child outside the home of

the family when the child can be cared for at home without

endangering the child's health or safety; reunification with

the family, when safe and appropriate, if temporary placement

is necessary; or movement of the child toward the most

permanent living arrangement and permanent legal status.

When determining reasonable efforts to be made with respect

to a child, as described in this subsection, and in making such

reasonable efforts, the child's health and safety shall be the

paramount concern.

When a child is placed in foster care, the Department shall

ensure and document that reasonable efforts were made to

prevent or eliminate the need to remove the child from the

child's home. The Department must make reasonable efforts to

reunify the family when temporary placement of the child occurs

unless otherwise required, pursuant to the Juvenile Court Act

of 1987. At any time after the dispositional hearing where the

Department believes that further reunification services would

be ineffective, it may request a finding from the court that

reasonable efforts are no longer appropriate. The Department is

not required to provide further reunification services after

such a finding.

A decision to place a child in substitute care shall be

made with considerations of the child's health, safety, and

best interests. At the time of placement, consideration should

also be given so that if reunification fails or is delayed, the

placement made is the best available placement to provide

permanency for the child.

The Department shall adopt rules addressing concurrent

planning for reunification and permanency. The Department

shall consider the following factors when determining

appropriateness of concurrent planning:

(1) the likelihood of prompt reunification;

(2) the past history of the family;

(3) the barriers to reunification being addressed by

the family;

(4) the level of cooperation of the family;

(5) the foster parents' willingness to work with the

family to reunite;

(6) the willingness and ability of the foster family to

provide an adoptive home or long-term placement;

(7) the age of the child;

(8) placement of siblings.

(m) The Department may assume temporary custody of any

child if:

(1) it has received a written consent to such temporary

custody signed by the parents of the child or by the parent

having custody of the child if the parents are not living

together or by the guardian or custodian of the child if

the child is not in the custody of either parent, or

(2) the child is found in the State and neither a

parent, guardian nor custodian of the child can be located.

If the child is found in his or her residence without a parent,

guardian, custodian or responsible caretaker, the Department

may, instead of removing the child and assuming temporary

custody, place an authorized representative of the Department

in that residence until such time as a parent, guardian or

custodian enters the home and expresses a willingness and

apparent ability to ensure the child's health and safety and

resume permanent charge of the child, or until a relative

enters the home and is willing and able to ensure the child's

health and safety and assume charge of the child until a

parent, guardian or custodian enters the home and expresses

such willingness and ability to ensure the child's safety and

resume permanent charge. After a caretaker has remained in the

home for a period not to exceed 12 hours, the Department must

follow those procedures outlined in Section 2-9, 3-11, 4-8, or

5-415 of the Juvenile Court Act of 1987.

The Department shall have the authority, responsibilities

and duties that a legal custodian of the child would have

pursuant to subsection (9) of Section 1-3 of the Juvenile Court

Act of 1987. Whenever a child is taken into temporary custody

pursuant to an investigation under the Abused and Neglected

Child Reporting Act, or pursuant to a referral and acceptance

under the Juvenile Court Act of 1987 of a minor in limited

custody, the Department, during the period of temporary custody

and before the child is brought before a judicial officer as

required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile

Court Act of 1987, shall have the authority, responsibilities

and duties that a legal custodian of the child would have under

subsection (9) of Section 1-3 of the Juvenile Court Act of

1987.

The Department shall ensure that any child taken into

custody is scheduled for an appointment for a medical

examination.

A parent, guardian or custodian of a child in the temporary

custody of the Department who would have custody of the child

if he were not in the temporary custody of the Department may

deliver to the Department a signed request that the Department

surrender the temporary custody of the child. The Department

may retain temporary custody of the child for 10 days after the

receipt of the request, during which period the Department may

cause to be filed a petition pursuant to the Juvenile Court Act

of 1987. If a petition is so filed, the Department shall retain

temporary custody of the child until the court orders

otherwise. If a petition is not filed within the 10-day period,

the child shall be surrendered to the custody of the requesting

parent, guardian or custodian not later than the expiration of

the 10-day period, at which time the authority and duties of

the Department with respect to the temporary custody of the

child shall terminate.

(m-1) The Department may place children under 18 years of

age in a secure child care facility licensed by the Department

that cares for children who are in need of secure living

arrangements for their health, safety, and well-being after a

determination is made by the facility director and the Director

or the Director's designate prior to admission to the facility

subject to Section 2-27.1 of the Juvenile Court Act of 1987.

This subsection (m-1) does not apply to a child who is subject

to placement in a correctional facility operated pursuant to

Section 3-15-2 of the Unified Code of Corrections, unless the

child is a youth in care who was placed in the care of the

Department before being subject to placement in a correctional

facility and a court of competent jurisdiction has ordered

placement of the child in a secure care facility.

(n) The Department may place children under 18 years of age

in licensed child care facilities when in the opinion of the

Department, appropriate services aimed at family preservation

have been unsuccessful and cannot ensure the child's health and

safety or are unavailable and such placement would be for their

best interest. Payment for board, clothing, care, training and

supervision of any child placed in a licensed child care

facility may be made by the Department, by the parents or

guardians of the estates of those children, or by both the

Department and the parents or guardians, except that no

payments shall be made by the Department for any child placed

in a licensed child care facility for board, clothing, care,

training and supervision of such a child that exceed the

average per capita cost of maintaining and of caring for a

child in institutions for dependent or neglected children

operated by the Department. However, such restriction on

payments does not apply in cases where children require

specialized care and treatment for problems of severe emotional

disturbance, physical disability, social adjustment, or any

combination thereof and suitable facilities for the placement

of such children are not available at payment rates within the

limitations set forth in this Section. All reimbursements for

services delivered shall be absolutely inalienable by

assignment, sale, attachment, garnishment or otherwise.

(n-1) The Department shall provide or authorize child

welfare services, aimed at assisting minors to achieve

sustainable self-sufficiency as independent adults, for any

minor eligible for the reinstatement of wardship pursuant to

subsection (2) of Section 2-33 of the Juvenile Court Act of

1987, whether or not such reinstatement is sought or allowed,

provided that the minor consents to such services and has not

yet attained the age of 21. The Department shall have

responsibility for the development and delivery of services

under this Section. An eligible youth may access services under

this Section through the Department of Children and Family

Services or by referral from the Department of Human Services.

Youth participating in services under this Section shall

cooperate with the assigned case manager in developing an

agreement identifying the services to be provided and how the

youth will increase skills to achieve self-sufficiency. A

homeless shelter is not considered appropriate housing for any

youth receiving child welfare services under this Section. The

Department shall continue child welfare services under this

Section to any eligible minor until the minor becomes 21 years

of age, no longer consents to participate, or achieves

self-sufficiency as identified in the minor's service plan. The

Department of Children and Family Services shall create clear,

readable notice of the rights of former foster youth to child

welfare services under this Section and how such services may

be obtained. The Department of Children and Family Services and

the Department of Human Services shall disseminate this

information statewide. The Department shall adopt regulations

describing services intended to assist minors in achieving

sustainable self-sufficiency as independent adults.

(o) The Department shall establish an administrative

review and appeal process for children and families who request

or receive child welfare services from the Department. Youth in

care who are placed by private child welfare agencies, and

foster families with whom those youth are placed, shall be

afforded the same procedural and appeal rights as children and

families in the case of placement by the Department, including

the right to an initial review of a private agency decision by

that agency. The Department shall ensure that any private child

welfare agency, which accepts youth in care for placement,

affords those rights to children and foster families. The

Department shall accept for administrative review and an appeal

hearing a complaint made by (i) a child or foster family

concerning a decision following an initial review by a private

child welfare agency or (ii) a prospective adoptive parent who

alleges a violation of subsection (j-5) of this Section. An

appeal of a decision concerning a change in the placement of a

child shall be conducted in an expedited manner. A court

determination that a current foster home placement is necessary

and appropriate under Section 2-28 of the Juvenile Court Act of

1987 does not constitute a judicial determination on the merits

of an administrative appeal, filed by a former foster parent,

involving a change of placement decision.

(p) (Blank).

(q) The Department may receive and use, in their entirety,

for the benefit of children any gift, donation or bequest of

money or other property which is received on behalf of such

children, or any financial benefits to which such children are

or may become entitled while under the jurisdiction or care of

the Department.

The Department shall set up and administer no-cost,

interest-bearing accounts in appropriate financial

institutions for children for whom the Department is legally

responsible and who have been determined eligible for Veterans'

Benefits, Social Security benefits, assistance allotments from

the armed forces, court ordered payments, parental voluntary

payments, Supplemental Security Income, Railroad Retirement

payments, Black Lung benefits, or other miscellaneous

payments. Interest earned by each account shall be credited to

the account, unless disbursed in accordance with this

subsection.

In disbursing funds from children's accounts, the

Department shall:

(1) Establish standards in accordance with State and

federal laws for disbursing money from children's

accounts. In all circumstances, the Department's

"Guardianship Administrator" or his or her designee must

approve disbursements from children's accounts. The

Department shall be responsible for keeping complete

records of all disbursements for each account for any

purpose.

(2) Calculate on a monthly basis the amounts paid from

State funds for the child's board and care, medical care

not covered under Medicaid, and social services; and

utilize funds from the child's account, as covered by

regulation, to reimburse those costs. Monthly,

disbursements from all children's accounts, up to 1/12 of

$13,000,000, shall be deposited by the Department into the

General Revenue Fund and the balance over 1/12 of

$13,000,000 into the DCFS Children's Services Fund.

(3) Maintain any balance remaining after reimbursing

for the child's costs of care, as specified in item (2).

The balance shall accumulate in accordance with relevant

State and federal laws and shall be disbursed to the child

or his or her guardian, or to the issuing agency.

(r) The Department shall promulgate regulations

encouraging all adoption agencies to voluntarily forward to the

Department or its agent names and addresses of all persons who

have applied for and have been approved for adoption of a

hard-to-place child or child with a disability and the names of

such children who have not been placed for adoption. A list of

such names and addresses shall be maintained by the Department

or its agent, and coded lists which maintain the

confidentiality of the person seeking to adopt the child and of

the child shall be made available, without charge, to every

adoption agency in the State to assist the agencies in placing

such children for adoption. The Department may delegate to an

agent its duty to maintain and make available such lists. The

Department shall ensure that such agent maintains the

confidentiality of the person seeking to adopt the child and of

the child.

(s) The Department of Children and Family Services may

establish and implement a program to reimburse Department and

private child welfare agency foster parents licensed by the

Department of Children and Family Services for damages

sustained by the foster parents as a result of the malicious or

negligent acts of foster children, as well as providing third

party coverage for such foster parents with regard to actions

of foster children to other individuals. Such coverage will be

secondary to the foster parent liability insurance policy, if

applicable. The program shall be funded through appropriations

from the General Revenue Fund, specifically designated for such

purposes.

(t) The Department shall perform home studies and

investigations and shall exercise supervision over visitation

as ordered by a court pursuant to the Illinois Marriage and

Dissolution of Marriage Act or the Adoption Act only if:

(1) an order entered by an Illinois court specifically

directs the Department to perform such services; and

(2) the court has ordered one or both of the parties to

the proceeding to reimburse the Department for its

reasonable costs for providing such services in accordance

with Department rules, or has determined that neither party

is financially able to pay.

The Department shall provide written notification to the

court of the specific arrangements for supervised visitation

and projected monthly costs within 60 days of the court order.

The Department shall send to the court information related to

the costs incurred except in cases where the court has

determined the parties are financially unable to pay. The court

may order additional periodic reports as appropriate.

(u) In addition to other information that must be provided,

whenever the Department places a child with a prospective

adoptive parent or parents or in a licensed foster home, group

home, child care institution, or in a relative home, the

Department shall provide to the prospective adoptive parent or

parents or other caretaker:

(1) available detailed information concerning the

child's educational and health history, copies of

immunization records (including insurance and medical card

information), a history of the child's previous

placements, if any, and reasons for placement changes

excluding any information that identifies or reveals the

location of any previous caretaker;

(2) a copy of the child's portion of the client service

plan, including any visitation arrangement, and all

amendments or revisions to it as related to the child; and

(3) information containing details of the child's

individualized educational plan when the child is

receiving special education services.

The caretaker shall be informed of any known social or

behavioral information (including, but not limited to,

criminal background, fire setting, perpetuation of sexual

abuse, destructive behavior, and substance abuse) necessary to

care for and safeguard the children to be placed or currently

in the home. The Department may prepare a written summary of

the information required by this paragraph, which may be

provided to the foster or prospective adoptive parent in

advance of a placement. The foster or prospective adoptive

parent may review the supporting documents in the child's file

in the presence of casework staff. In the case of an emergency

placement, casework staff shall at least provide known

information verbally, if necessary, and must subsequently

provide the information in writing as required by this

subsection.

The information described in this subsection shall be

provided in writing. In the case of emergency placements when

time does not allow prior review, preparation, and collection

of written information, the Department shall provide such

information as it becomes available. Within 10 business days

after placement, the Department shall obtain from the

prospective adoptive parent or parents or other caretaker a

signed verification of receipt of the information provided.

Within 10 business days after placement, the Department shall

provide to the child's guardian ad litem a copy of the

information provided to the prospective adoptive parent or

parents or other caretaker. The information provided to the

prospective adoptive parent or parents or other caretaker shall

be reviewed and approved regarding accuracy at the supervisory

level.

(u-5) Effective July 1, 1995, only foster care placements

licensed as foster family homes pursuant to the Child Care Act

of 1969 shall be eligible to receive foster care payments from

the Department. Relative caregivers who, as of July 1, 1995,

were approved pursuant to approved relative placement rules

previously promulgated by the Department at 89 Ill. Adm. Code

335 and had submitted an application for licensure as a foster

family home may continue to receive foster care payments only

until the Department determines that they may be licensed as a

foster family home or that their application for licensure is

denied or until September 30, 1995, whichever occurs first.

(v) The Department shall access criminal history record

information as defined in the Illinois Uniform Conviction

Information Act and information maintained in the adjudicatory

and dispositional record system as defined in Section 2605-355

of the Department of State Police Law (20 ILCS 2605/2605-355)

if the Department determines the information is necessary to

perform its duties under the Abused and Neglected Child

Reporting Act, the Child Care Act of 1969, and the Children and

Family Services Act. The Department shall provide for

interactive computerized communication and processing

equipment that permits direct on-line communication with the

Department of State Police's central criminal history data

repository. The Department shall comply with all certification

requirements and provide certified operators who have been

trained by personnel from the Department of State Police. In

addition, one Office of the Inspector General investigator

shall have training in the use of the criminal history

information access system and have access to the terminal. The

Department of Children and Family Services and its employees

shall abide by rules and regulations established by the

Department of State Police relating to the access and

dissemination of this information.

(v-1) Prior to final approval for placement of a child, the

Department shall conduct a criminal records background check of

the prospective foster or adoptive parent, including

fingerprint-based checks of national crime information

databases. Final approval for placement shall not be granted if

the record check reveals a felony conviction for child abuse or

neglect, for spousal abuse, for a crime against children, or

for a crime involving violence, including rape, sexual assault,

or homicide, but not including other physical assault or

battery, or if there is a felony conviction for physical

assault, battery, or a drug-related offense committed within

the past 5 years.

(v-2) Prior to final approval for placement of a child, the

Department shall check its child abuse and neglect registry for

information concerning prospective foster and adoptive

parents, and any adult living in the home. If any prospective

foster or adoptive parent or other adult living in the home has

resided in another state in the preceding 5 years, the

Department shall request a check of that other state's child

abuse and neglect registry.

(w) Within 120 days of August 20, 1995 (the effective date

of Public Act 89-392), the Department shall prepare and submit

to the Governor and the General Assembly, a written plan for

the development of in-state licensed secure child care

facilities that care for children who are in need of secure

living arrangements for their health, safety, and well-being.

For purposes of this subsection, secure care facility shall

mean a facility that is designed and operated to ensure that

all entrances and exits from the facility, a building or a

distinct part of the building, are under the exclusive control

of the staff of the facility, whether or not the child has the

freedom of movement within the perimeter of the facility,

building, or distinct part of the building. The plan shall

include descriptions of the types of facilities that are needed

in Illinois; the cost of developing these secure care

facilities; the estimated number of placements; the potential

cost savings resulting from the movement of children currently

out-of-state who are projected to be returned to Illinois; the

necessary geographic distribution of these facilities in

Illinois; and a proposed timetable for development of such

facilities.

(x) The Department shall conduct annual credit history

checks to determine the financial history of children placed

under its guardianship pursuant to the Juvenile Court Act of

1987. The Department shall conduct such credit checks starting

when a youth in care turns 12 years old and each year

thereafter for the duration of the guardianship as terminated

pursuant to the Juvenile Court Act of 1987. The Department

shall determine if financial exploitation of the child's

personal information has occurred. If financial exploitation

appears to have taken place or is presently ongoing, the

Department shall notify the proper law enforcement agency, the

proper State's Attorney, or the Attorney General.

(y) Beginning on July 22, 2010 (the effective date of

Public Act 96-1189), a child with a disability who receives

residential and educational services from the Department shall

be eligible to receive transition services in accordance with

Article 14 of the School Code from the age of 14.5 through age

21, inclusive, notwithstanding the child's residential

services arrangement. For purposes of this subsection, "child

with a disability" means a child with a disability as defined

by the federal Individuals with Disabilities Education

Improvement Act of 2004.

(z) The Department shall access criminal history record

information as defined as "background information" in this

subsection and criminal history record information as defined

in the Illinois Uniform Conviction Information Act for each

Department employee or Department applicant. Each Department

employee or Department applicant shall submit his or her

fingerprints to the Department of State Police in the form and

manner prescribed by the Department of State Police. These

fingerprints shall be checked against the fingerprint records

now and hereafter filed in the Department of State Police and

the Federal Bureau of Investigation criminal history records

databases. The Department of State Police shall charge a fee

for conducting the criminal history record check, which shall

be deposited into the State Police Services Fund and shall not

exceed the actual cost of the record check. The Department of

State Police shall furnish, pursuant to positive

identification, all Illinois conviction information to the

Department of Children and Family Services.

For purposes of this subsection:

"Background information" means all of the following:

(i) Upon the request of the Department of Children and

Family Services, conviction information obtained from the

Department of State Police as a result of a

fingerprint-based criminal history records check of the

Illinois criminal history records database and the Federal

Bureau of Investigation criminal history records database

concerning a Department employee or Department applicant.

(ii) Information obtained by the Department of

Children and Family Services after performing a check of

the Department of State Police's Sex Offender Database, as

authorized by Section 120 of the Sex Offender Community

Notification Law, concerning a Department employee or

Department applicant.

(iii) Information obtained by the Department of

Children and Family Services after performing a check of

the Child Abuse and Neglect Tracking System (CANTS)

operated and maintained by the Department.

"Department employee" means a full-time or temporary

employee coded or certified within the State of Illinois

Personnel System.

"Department applicant" means an individual who has

conditional Department full-time or part-time work, a

contractor, an individual used to replace or supplement staff,

an academic intern, a volunteer in Department offices or on

Department contracts, a work-study student, an individual or

entity licensed by the Department, or an unlicensed service

provider who works as a condition of a contract or an agreement

and whose work may bring the unlicensed service provider into

contact with Department clients or client records.

(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;

100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.

1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised

10-3-18.)

Section 95. The Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of Illinois is

amended by changing Section 605-1020 as follows:

(20 ILCS 605/605-1020)

Sec. 605-1020. Entrepreneur Learner's Permit pilot

program.

(a) Subject to appropriation, there is hereby established

an Entrepreneur Learner's Permit pilot program that shall be

administered by the Department beginning on July 1 of the first

fiscal year for which an appropriation of State moneys is made

for that purpose and continuing for the next 2 immediately

succeeding fiscal years; however, the Department is not

required to administer the program in any fiscal year for which

such an appropriation has not been made. The purpose of the

program shall be to encourage and assist beginning

entrepreneurs in starting new businesses by providing

reimbursements to those entrepreneurs for any State filing,

permitting, or licensing fees associated with the formation of

such a business in the State.

(b) Applicants for participation in the Entrepreneur

Learner's Permit pilot program shall apply to the Department,

in a form and manner prescribed by the Department, within one

year after the formation of the business for which the

entrepreneur seeks reimbursement of those fees. The Department

shall adopt rules for the review and approval of applications,

provided that it (1) shall give priority to applicants who are

women or minority persons, or both, and (2) shall not approve

any application by a person who will not be a beginning

entrepreneur. Reimbursements under this Section shall be

provided in the manner determined by the Department. In no

event shall an applicant apply for participation in the program

more than 3 times.

(c) The aggregate amount of all reimbursements provided by

the Department pursuant to this Section shall not exceed

$500,000 in any State fiscal year.

(d) On or before February 1 of the last calendar year

during which the pilot program is in effect, the Department

shall submit a report to the Governor and the General Assembly

on the cumulative effectiveness of the Entrepreneur Learner's

Permit pilot program. The review shall include, but not be

limited to, the number and type of businesses that were formed

in connection with the pilot program, the current status of

each business formed in connection with the pilot program, the

number of employees employed by each such business, the

economic impact to the State from the pilot program, the

satisfaction of participants in the pilot program, and a

recommendation as to whether the program should be continued.

The report to the General Assembly shall be filed with the

Clerk of the House of Representatives and the Secretary of the

Senate in electronic form only, in the manner that the Clerk

and the Secretary shall direct.

(e) As used in this Section:

"Beginning entrepreneur" means an individual who, at

the time he or she applies for participation in the

program, has less than 5 years of experience as a business

owner and is not a current business owner.

"Woman" and "minority person" have the meanings given

to those terms in the Business Enterprise for Minorities,

Women, and Persons with Disabilities Act.

(Source: P.A. 100-541, eff. 11-7-17; 100-785, eff. 8-10-18;

100-863, eff. 8-14-18; revised 8-31-18.)

Section 100. The Illinois Enterprise Zone Act is amended by

changing Sections 4 and 9.1 as follows:

(20 ILCS 655/4) (from Ch. 67 1/2, par. 604)

Sec. 4. Qualifications for enterprise zones.

(1) An area is qualified to become an enterprise zone

which:

(a) is a contiguous area, provided that a zone area may

exclude wholly surrounded territory within its boundaries;

(b) comprises a minimum of one-half square mile and not

more than 12 square miles, or 15 square miles if the zone

is located within the jurisdiction of 4 or more counties or

municipalities, in total area, exclusive of lakes and

waterways; however, in such cases where the enterprise zone

is a joint effort of three or more units of government, or

two or more units of government if situated in a township

which is divided by a municipality of 1,000,000 or more

inhabitants, and where the certification has been in effect

at least one year, the total area shall comprise a minimum

of one-half square mile and not more than thirteen square

miles in total area exclusive of lakes and waterways;

(c) (blank);

(d) (blank);

(e) is (1) entirely within a municipality or (2)

entirely within the unincorporated areas of a county,

except where reasonable need is established for such zone

to cover portions of more than one municipality or county

or (3) both comprises (i) all or part of a municipality and

(ii) an unincorporated area of a county; and

(f) meets 3 or more of the following criteria:

(1) all or part of the local labor market area has

had an annual average unemployment rate of at least

120% of the State's annual average unemployment rate

for the most recent calendar year or the most recent

fiscal year as reported by the Department of Employment

Security;

(2) designation will result in the development of

substantial employment opportunities by creating or

retaining a minimum aggregate of 1,000 full-time

equivalent jobs due to an aggregate investment of

$100,000,000 or more, and will help alleviate the

effects of poverty and unemployment within the local

labor market area;

(3) all or part of the local labor market area has

a poverty rate of at least 20% according to the latest

federal decennial census, 50% or more of children in

the local labor market area participate in the federal

free lunch program according to reported statistics

from the State Board of Education, or 20% or more

households in the local labor market area receive food

stamps according to the latest federal decennial

census;

(4) an abandoned coal mine, a brownfield (as

defined in Section 58.2 of the Environmental

Protection Act), or an inactive nuclear-powered

nuclear powered electrical generation facility where

spent nuclear fuel is stored on-site is located in the

proposed zone area, or all or a portion of the proposed

zone was declared a federal disaster area in the 3

years preceding the date of application;

(5) the local labor market area contains a presence

of large employers that have downsized over the years,

the labor market area has experienced plant closures in

the 5 years prior to the date of application affecting

more than 50 workers, or the local labor market area

has experienced State or federal facility closures in

the 5 years prior to the date of application affecting

more than 50 workers;

(6) based on data from Multiple Listing Service

information or other suitable sources, the local labor

market area contains a high floor vacancy rate of

industrial or commercial properties, vacant or

demolished commercial and industrial structures are

prevalent in the local labor market area, or industrial

structures in the local labor market area are not used

because of age, deterioration, relocation of the

former occupants, or cessation of operation;

(7) the applicant demonstrates a substantial plan

for using the designation to improve the State and

local government tax base, including income, sales,

and property taxes;

(8) significant public infrastructure is present

in the local labor market area in addition to a plan

for infrastructure development and improvement;

(9) high schools or community colleges located

within the local labor market area are engaged in ACT

Work Keys, Manufacturing Skills Standard

Certification, or other industry-based credentials

that prepare students for careers;

(10) the change in equalized assessed valuation of

industrial and/or commercial properties in the 5 years

prior to the date of application is equal to or less

than 50% of the State average change in equalized

assessed valuation for industrial and/or commercial

properties, as applicable, for the same period of time;

or

(11) the applicant demonstrates a substantial plan

for using the designation to encourage: (i)

participation by businesses owned by minorities,

women, and persons with disabilities, as those terms

are defined in the Business Enterprise for Minorities,

Women, and Persons with Disabilities Act; and (ii) the

hiring of minorities, women, and persons with

disabilities.

As provided in Section 10-5.3 of the River Edge

Redevelopment Zone Act, upon the expiration of the term of each

River Edge Redevelopment Zone in existence on August 7, 2012

(the effective date of Public Act 97-905) this amendatory Act

of the 97th General Assembly, that River Edge Redevelopment

Zone will become available for its previous designee or a new

applicant to compete for designation as an enterprise zone. No

preference for designation will be given to the previous

designee of the zone.

(2) Any criteria established by the Department or by law

which utilize the rate of unemployment for a particular area

shall provide that all persons who are not presently employed

and have exhausted all unemployment benefits shall be

considered unemployed, whether or not such persons are actively

seeking employment.

(Source: P.A. 100-838, eff. 8-13-18; 100-1149, eff. 12-14-18;

revised 1-3-19.)

(20 ILCS 655/9.1) (from Ch. 67 1/2, par. 614)

Sec. 9.1. State and local regulatory alternatives.

(a) Agencies may provide in their rules and regulations

for:

(i) the exemption of business enterprises within

enterprise zones; or,

(ii) modifications or alternatives specifically

applicable to business enterprises within enterprise

zones, which impose less stringent standards or

alternative standards for compliance (including

performance-based standards as a substitute for specific

mandates of methods, procedures, or equipment).

Such exemptions, modifications, or alternatives shall be

effected by rule or regulation promulgated in accordance with

the Illinois Administrative Procedure Act. The Agency

promulgating such exemptions, modifications, or alternatives

shall file with its proposed rule or regulation its findings

that the proposed rule or regulation provides economic

incentives within enterprise zones which promote the purposes

of this Act, and which, to the extent they include any

exemptions or reductions in regulatory standards or

requirements, outweigh the need or justification for the

existing rule or regulation.

(b) If any agency promulgates a rule or regulation pursuant

to paragraph (a) affecting a rule or regulation contained on

the list published by the Department pursuant to Section 9,

prior to the completion of the rulemaking rule making process

for the Department's rules under that Section, the agency shall

immediately transmit a copy of its proposed rule or regulation

to the Department, together with a statement of reasons as to

why the Department should defer to the agency's proposed rule

or regulation. Agency rules promulgated under paragraph (a)

shall, however, be subject to the exemption rules and

regulations of the Department promulgated under Section 9.

(c) Within enterprise zones, the designating county or

municipality may modify all local ordinances and regulations

regarding (1) zoning; (2) licensing; (3) building codes,

excluding however, any regulations treating building defects;

(4) rent control and price controls (except for the minimum

wage). Notwithstanding any shorter statute of limitation to the

contrary, actions against any contractor or architect who

designs, constructs, or rehabilitates a building or structure

in an enterprise zone in accordance with local standards

specifically applicable within zones which have been relaxed

may be commenced within 10 years from the time of beneficial

occupancy of the building or use of the structure.

(Source: P.A. 82-1019; revised 9-27-18.)

Section 105. The State Parks Designation Act is amended by

changing Section 1 as follows:

(20 ILCS 840/1) (from Ch. 105, par. 468g)

Sec. 1. The following described areas are designated State

Parks and have the names herein ascribed to them:

Adeline Jay Geo-Karis Illinois Beach State Park, in Lake

County;

Apple River Canyon State Park, in Jo Daviess County;

Argyle Lake State Park, in McDonough County;

Beaver Dam State Park, in Macoupin County;

Buffalo Rock State Park, in LaSalle La Salle County;

Castle Rock State Park, in Ogle County;

Cave-in-Rock State Park, in Hardin County;

Chain O'Lakes State Park, in Lake and McHenry Counties;

Delabar State Park, in Henderson County;

Dixon State Park, in Lee County;

Dixon Springs State Park, in Pope County;

Eagle Creek State Park, in Shelby County;

Eldon Hazlet State Park, in Clinton County;

Ferne Clyffe State Park, in Johnson County;

Fort Creve Coeur State Park, in Tazewell County;

Fort Defiance State Park, in Alexander County;

Fort Massac State Park, in Massac County;

Fox Ridge State Park, in Coles County;

Frank Holten State Park, in St. Clair County;

Funk's Grove State Park, in McLean County;

Gebhard Woods State Park, in Grundy County;

Giant City State Park, in Jackson and Union Counties;

Goose Lake Prairie State Park, in Grundy County;

Hazel and Bill Rutherford Wildlife Prairie State Park, in

Peoria County;

Hennepin Canal Parkway State Park, in Bureau, Henry, Rock

Island, Lee and Whiteside Counties;

Horseshoe Lake State Park, in Madison and St. Clair

Counties;

Illini State Park, in LaSalle La Salle County;

Illinois and Michigan Canal State Park, in the counties of

Cook, Will, Grundy, DuPage and LaSalle La Salle;

Johnson Sauk Trail State Park, in Henry County;

Jubilee College State Park, in Peoria County, excepting

Jubilee College State Historic Site as described in Section 7.1

of the Historic Preservation Act;

Kankakee River State Park, in Kankakee and Will Counties;

Kickapoo State Park, in Vermilion County;

Lake Le-Aqua-Na State Park, in Stephenson County;

Lake Murphysboro State Park, in Jackson County;

Laurence C. Warren State Park, in Cook County;

Lincoln Trail Homestead State Park, in Macon County;

Lincoln Trail State Park, in Clark County;

Lowden State Park, in Ogle County;

Matthiessen State Park, in LaSalle La Salle County;

McHenry Dam and Lake Defiance State Park, in McHenry

County;

Mississippi Palisades State Park, in Carroll County;

Moraine View State Park, in McLean County;

Morrison-Rockwood State Park, in Whiteside County;

Nauvoo State Park, in Hancock County, containing Horton

Lake;

Pere Marquette State Park, in Jersey County;

Prophetstown State Park, in Whiteside County;

Pyramid State Park, in Perry County;

Railsplitter State Park, in Logan County;

Ramsey Lake State Park, in Fayette County;

Red Hills State Park, in Lawrence County;

Rock Cut State Park, in Winnebago County, containing Pierce

Lake;

Rock Island Trail State Park, in Peoria and Stark Counties;

Sam Parr State Park, in Jasper County;

Sangchris Lake State Park, in Christian and Sangamon

Counties;

Shabbona Lake and State Park, in DeKalb County;

Siloam Springs State Park, in Brown and Adams Counties;

Silver Springs State Park, in Kendall County;

South Shore State Park, in Clinton County;

Spitler Woods State Park, in Macon County;

Starved Rock State Park, in LaSalle La Salle County;

Stephen A. Forbes State Park, in Marion County;

Walnut Point State Park, in Douglas County;

Wayne Fitzgerrell State Park, in Franklin County;

Weinberg-King State Park, in Schuyler County;

Weldon Springs State Park, in DeWitt County;

White Pines Forest State Park, in Ogle County;

William G. Stratton State Park, in Grundy County;

Wolf Creek State Park, in Shelby County.

(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)

Section 110. The Outdoor Recreation Resources Act is

amended by changing Section 2a as follows:

(20 ILCS 860/2a) (from Ch. 105, par. 532a)

Sec. 2a. The Department of Natural Resources is authorized

to have prepared with the Department of Commerce and Economic

Opportunity and to maintain, and keep up to date up-to-date a

comprehensive plan for the preservation of the historically

significant properties and interests of the State.

(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)

Section 115. The Recreational Trails of Illinois Act is

amended by changing Section 25.5 as follows:

(20 ILCS 862/25.5)

Sec. 25.5. Off-highway vehicle trails public access

sticker.

(a) An off-highway vehicle trails public access sticker is

a separate and additional requirement from the Off-Highway

Vehicle Usage Stamp under Section 26 of this Act.

(b) Except as provided in subsection (c) of this Section, a

person may not operate and an owner may not give permission to

another to operate an off-highway vehicle on lands or waters in

public off-highway vehicle parks paid for, operated, or

supported by the grant program established under subsection (d)

of Section 15 of this Act unless the off-highway vehicle

displays an off-highway vehicle trails public access sticker in

a manner prescribed by the Department by rule.

(c) An off-highway vehicle does not need an off-highway

vehicle trails a public access sticker if the off-highway

vehicle is used on private land or if the off-highway vehicle

is owned by the State, the federal government, or a unit of

local government.

(d) The Department shall issue an off-highway vehicle

trails the public access sticker stickers and shall charge the

following fees:

(1) $30 for 3 years for individuals;

(2) $50 for 3 years for rental units;

(3) $75 for 3 years for dealer and manufacturer

demonstrations and research;

(4) $50 for 3 years for an all-terrain vehicle or

off-highway motorcycle used for production agriculture, as

defined in Section 3-821 of the Illinois Vehicle Code;

(5) $50 for 3 years for residents of a State other than

Illinois that does not have a reciprocal agreement with the

Department, under subsection (e) of this Section; and

(6) $50 for 3 years for an all-terrain vehicle or

off-highway motorcycle that does not have a title.

The Department, by administrative rule, may make replacement

stickers available at a reduced cost. The fees for public

access stickers shall be deposited into the Off-Highway Vehicle

Trails Fund.

(e) The Department may enter into reciprocal agreements

with other states that have a similar off-highway vehicle

trails public access sticker program to allow residents of

those states to operate off-highway vehicles on land or lands

or waters in public off-highway vehicle parks paid for,

operated, or supported by the off-highway vehicle trails grant

program established under subsection (d) of Section 15 of this

Act without acquiring an off-highway vehicle trails public

access sticker in this State under subsection (b) of this

Section.

(f) The Department may license vendors to sell off-highway

vehicle trails public access stickers. Issuing fees may be set

by administrative rule.

(g) Any person participating in an organized competitive

event on land or lands in off-highway vehicle parks paid for,

operated by, or supported by the grant program established in

subsection (d) of Section 15 shall display the public access

sticker required under subsection (b) of this Section or pay $5

per event. Fees collected under this subsection shall be

deposited into the Off-Highway Vehicle Trails Fund.

(Source: P.A. 100-798, eff. 1-1-19; revised 10-3-18.)

Section 120. The Department of Human Services Act is

amended by changing Section 1-17 as follows:

(20 ILCS 1305/1-17)

Sec. 1-17. Inspector General.

(a) Nature and purpose. It is the express intent of the

General Assembly to ensure the health, safety, and financial

condition of individuals receiving services in this State due

to mental illness, developmental disability, or both by

protecting those persons from acts of abuse, neglect, or both

by service providers. To that end, the Office of the Inspector

General for the Department of Human Services is created to

investigate and report upon allegations of the abuse, neglect,

or financial exploitation of individuals receiving services

within mental health facilities, developmental disabilities

facilities, and community agencies operated, licensed, funded,

or certified by the Department of Human Services, but not

licensed or certified by any other State agency.

(b) Definitions. The following definitions apply to this

Section:

"Adult student with a disability" means an adult student,

age 18 through 21, inclusive, with an Individual Education

Program, other than a resident of a facility licensed by the

Department of Children and Family Services in accordance with

the Child Care Act of 1969. For purposes of this definition,

"through age 21, inclusive", means through the day before the

student's 22nd birthday.

"Agency" or "community agency" means (i) a community agency

licensed, funded, or certified by the Department, but not

licensed or certified by any other human services agency of the

State, to provide mental health service or developmental

disabilities service, or (ii) a program licensed, funded, or

certified by the Department, but not licensed or certified by

any other human services agency of the State, to provide mental

health service or developmental disabilities service.

"Aggravating circumstance" means a factor that is

attendant to a finding and that tends to compound or increase

the culpability of the accused.

"Allegation" means an assertion, complaint, suspicion, or

incident involving any of the following conduct by an employee,

facility, or agency against an individual or individuals:

mental abuse, physical abuse, sexual abuse, neglect, or

financial exploitation.

"Day" means working day, unless otherwise specified.

"Deflection" means a situation in which an individual is

presented for admission to a facility or agency, and the

facility staff or agency staff do not admit the individual.

"Deflection" includes triage, redirection, and denial of

admission.

"Department" means the Department of Human Services.

"Developmental disability" means "developmental

disability" as defined in the Mental Health and Developmental

Disabilities Code.

"Egregious neglect" means a finding of neglect as

determined by the Inspector General that (i) represents a gross

failure to adequately provide for, or a callused indifference

to, the health, safety, or medical needs of an individual and

(ii) results in an individual's death or other serious

deterioration of an individual's physical condition or mental

condition.

"Employee" means any person who provides services at the

facility or agency on-site or off-site. The service

relationship can be with the individual or with the facility or

agency. Also, "employee" includes any employee or contractual

agent of the Department of Human Services or the community

agency involved in providing or monitoring or administering

mental health or developmental disability services. This

includes but is not limited to: owners, operators, payroll

personnel, contractors, subcontractors, and volunteers.

"Facility" or "State-operated facility" means a mental

health facility or developmental disabilities facility

operated by the Department.

"Financial exploitation" means taking unjust advantage of

an individual's assets, property, or financial resources

through deception, intimidation, or conversion for the

employee's, facility's, or agency's own advantage or benefit.

"Finding" means the Office of Inspector General's

determination regarding whether an allegation is

substantiated, unsubstantiated, or unfounded.

"Health Care Worker Registry" or "Registry" means the

Health Care Worker Registry under the Health Care Worker

Background Check Act.

"Individual" means any person receiving mental health

service, developmental disabilities service, or both from a

facility or agency, while either on-site or off-site.

"Mental abuse" means the use of demeaning, intimidating, or

threatening words, signs, gestures, or other actions by an

employee about an individual and in the presence of an

individual or individuals that results in emotional distress or

maladaptive behavior, or could have resulted in emotional

distress or maladaptive behavior, for any individual present.

"Mental illness" means "mental illness" as defined in the

Mental Health and Developmental Disabilities Code.

"Mentally ill" means having a mental illness.

"Mitigating circumstance" means a condition that (i) is

attendant to a finding, (ii) does not excuse or justify the

conduct in question, but (iii) may be considered in evaluating

the severity of the conduct, the culpability of the accused, or

both the severity of the conduct and the culpability of the

accused.

"Neglect" means an employee's, agency's, or facility's

failure to provide adequate medical care, personal care, or

maintenance and that, as a consequence, (i) causes an

individual pain, injury, or emotional distress, (ii) results in

either an individual's maladaptive behavior or the

deterioration of an individual's physical condition or mental

condition, or (iii) places the individual's health or safety at

substantial risk.

"Person with a developmental disability" means a person

having a developmental disability.

"Physical abuse" means an employee's non-accidental and

inappropriate contact with an individual that causes bodily

harm. "Physical abuse" includes actions that cause bodily harm

as a result of an employee directing an individual or person to

physically abuse another individual.

"Recommendation" means an admonition, separate from a

finding, that requires action by the facility, agency, or

Department to correct a systemic issue, problem, or deficiency

identified during an investigation.

"Required reporter" means any employee who suspects,

witnesses, or is informed of an allegation of any one or more

of the following: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation.

"Secretary" means the Chief Administrative Officer of the

Department.

"Sexual abuse" means any sexual contact or intimate

physical contact between an employee and an individual,

including an employee's coercion or encouragement of an

individual to engage in sexual behavior that results in sexual

contact, intimate physical contact, sexual behavior, or

intimate physical behavior. Sexual abuse also includes (i) an

employee's actions that result in the sending or showing of

sexually explicit images to an individual via computer,

cellular phone, electronic mail, portable electronic device,

or other media with or without contact with the individual or

(ii) an employee's posting of sexually explicit images of an

individual online or elsewhere whether or not there is contact

with the individual.

"Sexually explicit images" includes, but is not limited to,

any material which depicts nudity, sexual conduct, or

sado-masochistic abuse, or which contains explicit and

detailed verbal descriptions or narrative accounts of sexual

excitement, sexual conduct, or sado-masochistic abuse.

"Substantiated" means there is a preponderance of the

evidence to support the allegation.

"Unfounded" means there is no credible evidence to support

the allegation.

"Unsubstantiated" means there is credible evidence, but

less than a preponderance of evidence to support the

allegation.

(c) Appointment. The Governor shall appoint, and the Senate

shall confirm, an Inspector General. The Inspector General

shall be appointed for a term of 4 years and shall function

within the Department of Human Services and report to the

Secretary and the Governor.

(d) Operation and appropriation. The Inspector General

shall function independently within the Department with

respect to the operations of the Office, including the

performance of investigations and issuance of findings and

recommendations. The appropriation for the Office of Inspector

General shall be separate from the overall appropriation for

the Department.

(e) Powers and duties. The Inspector General shall

investigate reports of suspected mental abuse, physical abuse,

sexual abuse, neglect, or financial exploitation of

individuals in any mental health or developmental disabilities

facility or agency and shall have authority to take immediate

action to prevent any one or more of the following from

happening to individuals under its jurisdiction: mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation. Upon written request of an agency of this State,

the Inspector General may assist another agency of the State in

investigating reports of the abuse, neglect, or abuse and

neglect of persons with mental illness, persons with

developmental disabilities, or persons with both. To comply

with the requirements of subsection (k) of this Section, the

Inspector General shall also review all reportable deaths for

which there is no allegation of abuse or neglect. Nothing in

this Section shall preempt any duties of the Medical Review

Board set forth in the Mental Health and Developmental

Disabilities Code. The Inspector General shall have no

authority to investigate alleged violations of the State

Officials and Employees Ethics Act. Allegations of misconduct

under the State Officials and Employees Ethics Act shall be

referred to the Office of the Governor's Executive Inspector

General for investigation.

(f) Limitations. The Inspector General shall not conduct an

investigation within an agency or facility if that

investigation would be redundant to or interfere with an

investigation conducted by another State agency. The Inspector

General shall have no supervision over, or involvement in, the

routine programmatic, licensing, funding, or certification

operations of the Department. Nothing in this subsection limits

investigations by the Department that may otherwise be required

by law or that may be necessary in the Department's capacity as

central administrative authority responsible for the operation

of the State's mental health and developmental disabilities

facilities.

(g) Rulemaking authority. The Inspector General shall

promulgate rules establishing minimum requirements for

reporting allegations as well as for initiating, conducting,

and completing investigations based upon the nature of the

allegation or allegations. The rules shall clearly establish

that if 2 or more State agencies could investigate an

allegation, the Inspector General shall not conduct an

investigation that would be redundant to, or interfere with, an

investigation conducted by another State agency. The rules

shall further clarify the method and circumstances under which

the Office of Inspector General may interact with the

licensing, funding, or certification units of the Department in

preventing further occurrences of mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, and financial

exploitation.

(h) Training programs. The Inspector General shall (i)

establish a comprehensive program to ensure that every person

authorized to conduct investigations receives ongoing training

relative to investigation techniques, communication skills,

and the appropriate means of interacting with persons receiving

treatment for mental illness, developmental disability, or

both mental illness and developmental disability, and (ii)

establish and conduct periodic training programs for facility

and agency employees concerning the prevention and reporting of

any one or more of the following: mental abuse, physical abuse,

sexual abuse, neglect, egregious neglect, or financial

exploitation. The Inspector General shall further ensure (i)

every person authorized to conduct investigations at community

agencies receives ongoing training in Title 59, Parts 115, 116,

and 119 of the Illinois Administrative Code, and (ii) every

person authorized to conduct investigations shall receive

ongoing training in Title 59, Part 50 of the Illinois

Administrative Code. Nothing in this Section shall be deemed to

prevent the Office of Inspector General from conducting any

other training as determined by the Inspector General to be

necessary or helpful.

(i) Duty to cooperate.

(1) The Inspector General shall at all times be granted

access to any facility or agency for the purpose of

investigating any allegation, conducting unannounced site

visits, monitoring compliance with a written response, or

completing any other statutorily assigned duty. The

Inspector General shall conduct unannounced site visits to

each facility at least annually for the purpose of

reviewing and making recommendations on systemic issues

relative to preventing, reporting, investigating, and

responding to all of the following: mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, or

financial exploitation.

(2) Any employee who fails to cooperate with an Office

of the Inspector General investigation is in violation of

this Act. Failure to cooperate with an investigation

includes, but is not limited to, any one or more of the

following: (i) creating and transmitting a false report to

the Office of the Inspector General hotline, (ii) providing

false information to an Office of the Inspector General

Investigator during an investigation, (iii) colluding with

other employees to cover up evidence, (iv) colluding with

other employees to provide false information to an Office

of the Inspector General investigator, (v) destroying

evidence, (vi) withholding evidence, or (vii) otherwise

obstructing an Office of the Inspector General

investigation. Additionally, any employee who, during an

unannounced site visit or written response compliance

check, fails to cooperate with requests from the Office of

the Inspector General is in violation of this Act.

(j) Subpoena powers. The Inspector General shall have the

power to subpoena witnesses and compel the production of all

documents and physical evidence relating to his or her

investigations and any hearings authorized by this Act. This

subpoena power shall not extend to persons or documents of a

labor organization or its representatives insofar as the

persons are acting in a representative capacity to an employee

whose conduct is the subject of an investigation or the

documents relate to that representation. Any person who

otherwise fails to respond to a subpoena or who knowingly

provides false information to the Office of the Inspector

General by subpoena during an investigation is guilty of a

Class A misdemeanor.

(k) Reporting allegations and deaths.

(1) Allegations. If an employee witnesses, is told of,

or has reason to believe an incident of mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation has occurred, the employee, agency, or

facility shall report the allegation by phone to the Office

of the Inspector General hotline according to the agency's

or facility's procedures, but in no event later than 4

hours after the initial discovery of the incident,

allegation, or suspicion of any one or more of the

following: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation. A required reporter as

defined in subsection (b) of this Section who knowingly or

intentionally fails to comply with these reporting

requirements is guilty of a Class A misdemeanor.

(2) Deaths. Absent an allegation, a required reporter

shall, within 24 hours after initial discovery, report by

phone to the Office of the Inspector General hotline each

of the following:

(i) Any death of an individual occurring within 14

calendar days after discharge or transfer of the

individual from a residential program or facility.

(ii) Any death of an individual occurring within 24

hours after deflection from a residential program or

facility.

(iii) Any other death of an individual occurring at

an agency or facility or at any Department-funded site.

(3) Retaliation. It is a violation of this Act for any

employee or administrator of an agency or facility to take

retaliatory action against an employee who acts in good

faith in conformance with his or her duties as a required

reporter.

(l) Reporting to law enforcement.

(1) Reporting criminal acts. Within 24 hours after

determining that there is credible evidence indicating

that a criminal act may have been committed or that special

expertise may be required in an investigation, the

Inspector General shall notify the Department of State

Police or other appropriate law enforcement authority, or

ensure that such notification is made. The Department of

State Police shall investigate any report from a

State-operated facility indicating a possible murder,

sexual assault, or other felony by an employee. All

investigations conducted by the Inspector General shall be

conducted in a manner designed to ensure the preservation

of evidence for possible use in a criminal prosecution.

(2) Reporting allegations of adult students with

disabilities. Upon receipt of a reportable allegation

regarding an adult student with a disability, the

Department's Office of the Inspector General shall

determine whether the allegation meets the criteria for the

Domestic Abuse Program under the Abuse of Adults with

Disabilities Intervention Act. If the allegation is

reportable to that program, the Office of the Inspector

General shall initiate an investigation. If the allegation

is not reportable to the Domestic Abuse Program, the Office

of the Inspector General shall make an expeditious referral

to the respective law enforcement entity. If the alleged

victim is already receiving services from the Department,

the Office of the Inspector General shall also make a

referral to the respective Department of Human Services'

Division or Bureau.

(m) Investigative reports. Upon completion of an

investigation, the Office of Inspector General shall issue an

investigative report identifying whether the allegations are

substantiated, unsubstantiated, or unfounded. Within 10

business days after the transmittal of a completed

investigative report substantiating an allegation, finding an

allegation is unsubstantiated, or if a recommendation is made,

the Inspector General shall provide the investigative report on

the case to the Secretary and to the director of the facility

or agency where any one or more of the following occurred:

mental abuse, physical abuse, sexual abuse, neglect, egregious

neglect, or financial exploitation. The director of the

facility or agency shall be responsible for maintaining the

confidentiality of the investigative report consistent with

State and federal law. In a substantiated case, the

investigative report shall include any mitigating or

aggravating circumstances that were identified during the

investigation. If the case involves substantiated neglect, the

investigative report shall also state whether egregious

neglect was found. An investigative report may also set forth

recommendations. All investigative reports prepared by the

Office of the Inspector General shall be considered

confidential and shall not be released except as provided by

the law of this State or as required under applicable federal

law. Unsubstantiated and unfounded reports shall not be

disclosed except as allowed under Section 6 of the Abused and

Neglected Long Term Care Facility Residents Reporting Act. Raw

data used to compile the investigative report shall not be

subject to release unless required by law or a court order.

"Raw data used to compile the investigative report" includes,

but is not limited to, any one or more of the following: the

initial complaint, witness statements, photographs,

investigator's notes, police reports, or incident reports. If

the allegations are substantiated, the victim, the victim's

guardian, and the accused shall be provided with a redacted

copy of the investigative report. Death reports where there was

no allegation of abuse or neglect shall only be released

pursuant to applicable State or federal law or a valid court

order. Unredacted investigative reports, as well as raw data,

may be shared with a local law enforcement entity, a State's

Attorney's office, or a county coroner's office upon written

request.

(n) Written responses, clarification requests, and

reconsideration requests.

(1) Written responses. Within 30 calendar days from

receipt of a substantiated investigative report or an

investigative report which contains recommendations,

absent a reconsideration request, the facility or agency

shall file a written response that addresses, in a concise

and reasoned manner, the actions taken to: (i) protect the

individual; (ii) prevent recurrences; and (iii) eliminate

the problems identified. The response shall include the

implementation and completion dates of such actions. If the

written response is not filed within the allotted 30

calendar day period, the Secretary shall determine the

appropriate corrective action to be taken.

(2) Requests for clarification. The facility, agency,

victim or guardian, or the subject employee may request

that the Office of Inspector General clarify the finding or

findings for which clarification is sought.

(3) Requests for reconsideration. The facility,

agency, victim or guardian, or the subject employee may

request that the Office of the Inspector General reconsider

the finding or findings or the recommendations. A request

for reconsideration shall be subject to a multi-layer

review and shall include at least one reviewer who did not

participate in the investigation or approval of the

original investigative report. After the multi-layer

review process has been completed, the Inspector General

shall make the final determination on the reconsideration

request. The investigation shall be reopened if the

reconsideration determination finds that additional

information is needed to complete the investigative

record.

(o) Disclosure of the finding by the Inspector General. The

Inspector General shall disclose the finding of an

investigation to the following persons: (i) the Governor, (ii)

the Secretary, (iii) the director of the facility or agency,

(iv) the alleged victims and their guardians, (v) the

complainant, and (vi) the accused. This information shall

include whether the allegations were deemed substantiated,

unsubstantiated, or unfounded.

(p) Secretary review. Upon review of the Inspector

General's investigative report and any agency's or facility's

written response, the Secretary shall accept or reject the

written response and notify the Inspector General of that

determination. The Secretary may further direct that other

administrative action be taken, including, but not limited to,

any one or more of the following: (i) additional site visits,

(ii) training, (iii) provision of technical assistance

relative to administrative needs, licensure, or certification,

or (iv) the imposition of appropriate sanctions.

(q) Action by facility or agency. Within 30 days of the

date the Secretary approves the written response or directs

that further administrative action be taken, the facility or

agency shall provide an implementation report to the Inspector

General that provides the status of the action taken. The

facility or agency shall be allowed an additional 30 days to

send notice of completion of the action or to send an updated

implementation report. If the action has not been completed

within the additional 30-day period, the facility or agency

shall send updated implementation reports every 60 days until

completion. The Inspector General shall conduct a review of any

implementation plan that takes more than 120 days after

approval to complete, and shall monitor compliance through a

random review of approved written responses, which may include,

but are not limited to: (i) site visits, (ii) telephone

contact, and (iii) requests for additional documentation

evidencing compliance.

(r) Sanctions. Sanctions, if imposed by the Secretary under

Subdivision (p)(iv) of this Section, shall be designed to

prevent further acts of mental abuse, physical abuse, sexual

abuse, neglect, egregious neglect, or financial exploitation

or some combination of one or more of those acts at a facility

or agency, and may include any one or more of the following:

(1) Appointment of on-site monitors.

(2) Transfer or relocation of an individual or

individuals.

(3) Closure of units.

(4) Termination of any one or more of the following:

(i) Department licensing, (ii) funding, or (iii)

certification.

The Inspector General may seek the assistance of the

Illinois Attorney General or the office of any State's Attorney

in implementing sanctions.

(s) Health Care Worker Registry.

(1) Reporting to the Registry. The Inspector General

shall report to the Department of Public Health's Health

Care Worker Registry, a public registry, the identity and

finding of each employee of a facility or agency against

whom there is a final investigative report containing a

substantiated allegation of physical or sexual abuse,

financial exploitation, or egregious neglect of an

individual.

(2) Notice to employee. Prior to reporting the name of

an employee, the employee shall be notified of the

Department's obligation to report and shall be granted an

opportunity to request an administrative hearing, the sole

purpose of which is to determine if the substantiated

finding warrants reporting to the Registry. Notice to the

employee shall contain a clear and concise statement of the

grounds on which the report to the Registry is based, offer

the employee an opportunity for a hearing, and identify the

process for requesting such a hearing. Notice is sufficient

if provided by certified mail to the employee's last known

address. If the employee fails to request a hearing within

30 days from the date of the notice, the Inspector General

shall report the name of the employee to the Registry.

Nothing in this subdivision (s)(2) shall diminish or impair

the rights of a person who is a member of a collective

bargaining unit under the Illinois Public Labor Relations

Act or under any other federal labor statute.

(3) Registry hearings. If the employee requests an

administrative hearing, the employee shall be granted an

opportunity to appear before an administrative law judge to

present reasons why the employee's name should not be

reported to the Registry. The Department shall bear the

burden of presenting evidence that establishes, by a

preponderance of the evidence, that the substantiated

finding warrants reporting to the Registry. After

considering all the evidence presented, the administrative

law judge shall make a recommendation to the Secretary as

to whether the substantiated finding warrants reporting

the name of the employee to the Registry. The Secretary

shall render the final decision. The Department and the

employee shall have the right to request that the

administrative law judge consider a stipulated disposition

of these proceedings.

(4) Testimony at Registry hearings. A person who makes

a report or who investigates a report under this Act shall

testify fully in any judicial proceeding resulting from

such a report, as to any evidence of abuse or neglect, or

the cause thereof. No evidence shall be excluded by reason

of any common law or statutory privilege relating to

communications between the alleged perpetrator of abuse or

neglect, or the individual alleged as the victim in the

report, and the person making or investigating the report.

Testimony at hearings is exempt from the confidentiality

requirements of subsection (f) of Section 10 of the Mental

Health and Developmental Disabilities Confidentiality Act.

(5) Employee's rights to collateral action. No

reporting to the Registry shall occur and no hearing shall

be set or proceed if an employee notifies the Inspector

General in writing, including any supporting

documentation, that he or she is formally contesting an

adverse employment action resulting from a substantiated

finding by complaint filed with the Illinois Civil Service

Commission, or which otherwise seeks to enforce the

employee's rights pursuant to any applicable collective

bargaining agreement. If an action taken by an employer

against an employee as a result of a finding of physical

abuse, sexual abuse, or egregious neglect is overturned

through an action filed with the Illinois Civil Service

Commission or under any applicable collective bargaining

agreement and if that employee's name has already been sent

to the Registry, the employee's name shall be removed from

the Registry.

(6) Removal from Registry. At any time after the report

to the Registry, but no more than once in any 12-month

period, an employee may petition the Department in writing

to remove his or her name from the Registry. Upon receiving

notice of such request, the Inspector General shall conduct

an investigation into the petition. Upon receipt of such

request, an administrative hearing will be set by the

Department. At the hearing, the employee shall bear the

burden of presenting evidence that establishes, by a

preponderance of the evidence, that removal of the name

from the Registry is in the public interest. The parties

may jointly request that the administrative law judge

consider a stipulated disposition of these proceedings.

(t) Review of Administrative Decisions. The Department

shall preserve a record of all proceedings at any formal

hearing conducted by the Department involving Health Care

Worker Registry hearings. Final administrative decisions of

the Department are subject to judicial review pursuant to

provisions of the Administrative Review Law.

(u) Quality Care Board. There is created, within the Office

of the Inspector General, a Quality Care Board to be composed

of 7 members appointed by the Governor with the advice and

consent of the Senate. One of the members shall be designated

as chairman by the Governor. Of the initial appointments made

by the Governor, 4 Board members shall each be appointed for a

term of 4 years and 3 members shall each be appointed for a

term of 2 years. Upon the expiration of each member's term, a

successor shall be appointed for a term of 4 years. In the case

of a vacancy in the office of any member, the Governor shall

appoint a successor for the remainder of the unexpired term.

Members appointed by the Governor shall be qualified by

professional knowledge or experience in the area of law,

investigatory techniques, or in the area of care of the

mentally ill or care of persons with developmental

disabilities. Two members appointed by the Governor shall be

persons with a disability or parents a parent of persons a

person with a disability. Members shall serve without

compensation, but shall be reimbursed for expenses incurred in

connection with the performance of their duties as members.

The Board shall meet quarterly, and may hold other meetings

on the call of the chairman. Four members shall constitute a

quorum allowing the Board to conduct its business. The Board

may adopt rules and regulations it deems necessary to govern

its own procedures.

The Board shall monitor and oversee the operations,

policies, and procedures of the Inspector General to ensure the

prompt and thorough investigation of allegations of neglect and

abuse. In fulfilling these responsibilities, the Board may do

the following:

(1) Provide independent, expert consultation to the

Inspector General on policies and protocols for

investigations of alleged abuse, neglect, or both abuse and

neglect.

(2) Review existing regulations relating to the

operation of facilities.

(3) Advise the Inspector General as to the content of

training activities authorized under this Section.

(4) Recommend policies concerning methods for

improving the intergovernmental relationships between the

Office of the Inspector General and other State or federal

offices.

(v) Annual report. The Inspector General shall provide to

the General Assembly and the Governor, no later than January 1

of each year, a summary of reports and investigations made

under this Act for the prior fiscal year with respect to

individuals receiving mental health or developmental

disabilities services. The report shall detail the imposition

of sanctions, if any, and the final disposition of any

corrective or administrative action directed by the Secretary.

The summaries shall not contain any confidential or identifying

information of any individual, but shall include objective data

identifying any trends in the number of reported allegations,

the timeliness of the Office of the Inspector General's

investigations, and their disposition, for each facility and

Department-wide, for the most recent 3-year time period. The

report shall also identify, by facility, the staff-to-patient

ratios taking account of direct care staff only. The report

shall also include detailed recommended administrative actions

and matters for consideration by the General Assembly.

(w) Program audit. The Auditor General shall conduct a

program audit of the Office of the Inspector General on an

as-needed basis, as determined by the Auditor General. The

audit shall specifically include the Inspector General's

compliance with the Act and effectiveness in investigating

reports of allegations occurring in any facility or agency. The

Auditor General shall conduct the program audit according to

the provisions of the Illinois State Auditing Act and shall

report its findings to the General Assembly no later than

January 1 following the audit period.

(x) Nothing in this Section shall be construed to mean that

an individual is a victim of abuse or neglect because of health

care services appropriately provided or not provided by health

care professionals.

(y) Nothing in this Section shall require a facility,

including its employees, agents, medical staff members, and

health care professionals, to provide a service to an

individual in contravention of that individual's stated or

implied objection to the provision of that service on the

ground that that service conflicts with the individual's

religious beliefs or practices, nor shall the failure to

provide a service to an individual be considered abuse under

this Section if the individual has objected to the provision of

that service based on his or her religious beliefs or

practices.

(Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15;

99-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff.

8-25-17; 100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991,

eff. 8-20-18; 100-1098, eff. 8-26-18; revised 10-3-18.)

Section 125. The Regional Integrated Behavioral Health

Networks Act is amended by changing Section 25 as follows:

(20 ILCS 1340/25)

Sec. 25. Development of Network plans. Each Network shall

develop a plan for its respective region that addresses the

following:

(a) Inventory of all mental health and substance use

disorder services, primary health care facilities and

services, private hospitals, State-operated psychiatric

hospitals, long-term long term care facilities, social

services, transportation services, and any services

available to serve persons with mental and substance use

illnesses.

(b) Identification of unmet community needs,

including, but not limited to, the following:

(1) Waiting lists in community mental health and

substance use disorder services.

(2) Hospital emergency department use by persons

with mental and substance use illnesses, including

volume, length of stay, and challenges associated with

obtaining psychiatric assessment.

(3) Difficulty obtaining admission to inpatient

facilities, and reasons therefor therefore.

(4) Availability of primary care providers in the

community, including Federally Qualified Health

Centers and Rural Health Centers.

(5) Availability of psychiatrists and mental

health professionals.

(6) Transportation issues.

(7) Other.

(c) Identification of opportunities to improve access

to mental and substance use disorder services through the

integration of specialty behavioral health services with

primary care, including, but not limited to, the following:

(1) Availability of Federally Qualified Health

Centers in community with mental health staff.

(2) Development of accountable care organizations

or other primary care entities.

(3) Availability of acute care hospitals with

specialized psychiatric capacity.

(4) Community providers with an interest in

collaborating with acute care providers.

(d) Development of a plan to address community needs,

including a specific timeline for implementation of

specific objectives and establishment of evaluation

measures. The comprehensive plan should include the

complete continuum of behavioral health services,

including, but not limited to, the following:

(1) Prevention.

(2) Client assessment and diagnosis.

(3) An array of outpatient behavioral health

services.

(4) Case coordination.

(5) Crisis and emergency services.

(6) Treatment, including inpatient psychiatric

services in public and private hospitals.

(7) Long-term Long term care facilities.

(8) Community residential alternatives to

institutional settings.

(9) Primary care services.

(Source: P.A. 100-759, eff. 1-1-19; revised 9-25-18.)

Section 130. The Department of Innovation and Technology

Act is amended by changing Sections 1-35 and 1-45 as follows:

(20 ILCS 1370/1-35)

Sec. 1-35. Communications.

(a) The Department shall develop and implement a

comprehensive plan to coordinate or centralize communications

among State agencies with offices at different locations. The

plan shall be updated based on a continuing study of

communications problems of State government and shall include

any information technology-related technology related

equipment or service used for communication purposes including

digital, analog, or future transmission medium, whether for

voice, data, or any combination thereof. The plan shall take

into consideration systems that might effect economies,

including, but not limited to, quantity discount services and

may include provision of telecommunications service to local

and federal government entities located within this State if

State interests can be served by so doing.

(b) The Department shall provide for and coordinate

communications services for State agencies and, when requested

and when in the best interests of the State, for units of

federal or local governments and public and not-for-profit

institutions of primary, secondary, and higher education. The

Department may make use of, or support or provide any

information technology-related technology related

communications equipment or services necessary and available

to support the needs of interested parties not associated with

State government provided that State government usage shall

have first priority. For this purpose the Department shall have

the power to do all of the following:

(1) Provide for and control the procurement,

retention, installation, and maintenance of communications

equipment or services used by State agencies in the

interest of efficiency and economy.

(2) Review existing standards and, where appropriate,

propose to establish new or modified standards for State

agencies which shall include a minimum of one

telecommunication device for the deaf installed and

operational within each State agency, to provide public

access to agency information for those persons who are

hearing or speech impaired. The Department shall consult

the Department of Human Services to develop standards and

implementation for this equipment.

(3) Establish charges for information technology for

State agencies and, when requested, for units of federal or

local government and public and not-for-profit

institutions of primary, secondary, or higher education.

Entities charged for these services shall pay the

Department.

(4) Instruct all State agencies to report their usage

of communication services regularly to the Department in

the manner the Department may prescribe.

(5) Analyze the present and future aims and needs of

all State agencies in the area of communications services

and plan to serve those aims and needs in the most

effective and efficient manner.

(6) Provide telecommunications and other

communications services.

(7) Establish the administrative organization within

the Department that is required to accomplish the purpose

of this Section.

As used in this subsection (b) only, "State agencies" means

all departments, officers, commissions, boards, institutions,

and bodies politic and corporate of the State except (i) the

judicial branch, including, without limitation, the several

courts of the State, the offices of the clerk of the supreme

court and the clerks of the appellate court, and the

Administrative Office of the Illinois Courts, (ii) State

constitutional offices, and (iii) the General Assembly,

legislative service agencies, and all officers of the General

Assembly.

This subsection (b) does not apply to the procurement of

Next Generation 9-1-1 service as governed by Section 15.6b of

the Emergency Telephone System Act.

(Source: P.A. 100-611, eff. 7-20-18; revised 9-26-18.)

(20 ILCS 1370/1-45)

Sec. 1-45. Grants for distance learning services. The

Department may award grants to public community colleges and

educational education service centers for development and

implementation of telecommunications systems that provide

distance learning services.

(Source: P.A. 100-611, eff. 7-20-18; revised 10-3-18.)

Section 135. The Illinois Information Security Improvement

Act is amended by changing Sections 5-20 and 5-25 as follows:

(20 ILCS 1375/5-20)

Sec. 5-20. Statewide Chief Information Security Officer.

The position of Statewide Chief Information Security Officer is

established within the Office. The Secretary shall appoint a

Statewide Chief Information Security Officer who shall serve at

the pleasure of the Secretary. The Statewide Chief Information

Security Officer shall report to and be under the supervision

of the Secretary. The Statewide Chief Information Security

Officer shall exhibit a background and experience in

information security, information technology, or risk

management, or exhibit other appropriate expertise required to

fulfill the duties of the Statewide Chief Information Security

Officer. If the Statewide Chief Information Security Officer is

unable or unavailable to perform the duties and

responsibilities under Section 5-25 25, all powers and

authority granted to the Statewide Chief Information Security

Officer may be exercised by the Secretary or his or her

designee.

(Source: P.A. 100-611, eff. 7-20-18; revised 10-3-18.)

(20 ILCS 1375/5-25)

Sec. 5-25. Responsibilities.

(a) The Secretary shall:

(1) appoint a Statewide Chief Information Security

Officer pursuant to Section 5-20 20;

(2) provide the Office with the staffing and resources

deemed necessary by the Secretary to fulfill the

responsibilities of the Office;

(3) oversee statewide information security policies

and practices, including:

(A) directing and overseeing the development,

implementation, and communication of statewide

information security policies, standards, and

guidelines;

(B) overseeing the education of State agency

personnel regarding the requirement to identify and

provide information security protections commensurate

with the risk and magnitude of the harm resulting from

the unauthorized access, use, disclosure, disruption,

modification, or destruction of information in a

critical information system;

(C) overseeing the development and implementation

of a statewide information security risk management

program;

(D) overseeing State agency compliance with the

requirements of this Section;

(E) coordinating Information Security policies and

practices with related information and personnel

resources management policies and procedures; and

(F) providing an effective and efficient process

to assist State agencies with complying with the

requirements of this Act.

(b) The Statewide Chief Information Security Officer

shall:

(1) serve as the head of the Office and ensure the

execution of the responsibilities of the Office as set

forth in subsection (c) of Section 5-15 15, the Statewide

Chief Information Security Officer shall also oversee

State agency personnel with significant responsibilities

for information security and ensure a competent workforce

that keeps pace with the changing information security

environment;

(2) develop and recommend information security

policies, standards, procedures, and guidelines to the

Secretary for statewide adoption and monitor compliance

with these policies, standards, guidelines, and procedures

through periodic testing;

(3) develop and maintain risk-based, cost-effective

information security programs and control techniques to

address all applicable security and compliance

requirements throughout the life cycle of State agency

information systems;

(4) establish the procedures, processes, and

technologies to rapidly and effectively identify threats,

risks, and vulnerabilities to State information systems,

and ensure the prioritization of the remediation of

vulnerabilities that pose risk to the State;

(5) develop and implement capabilities and procedures

for detecting, reporting, and responding to information

security incidents;

(6) establish and direct a statewide information

security risk management program to identify information

security risks in State agencies and deploy risk mitigation

strategies, processes, and procedures;

(7) establish the State's capability to sufficiently

protect the security of data through effective information

system security planning, secure system development,

acquisition, and deployment, the application of protective

technologies and information system certification,

accreditation, and assessments;

(8) ensure that State agency personnel, including

contractors, are appropriately screened and receive

information security awareness training;

(9) convene meetings with agency heads and other State

officials to help ensure:

(A) the ongoing communication of risk and risk

reduction strategies,

(B) effective implementation of information

security policies and practices, and

(C) the incorporation of and compliance with

information security policies, standards, and

guidelines into the policies and procedures of the

agencies;

(10) provide operational and technical assistance to

State agencies in implementing policies, principles,

standards, and guidelines on information security,

including implementation of standards promulgated under

subparagraph (A) of paragraph (3) of subsection (a) of this

Section, and provide assistance and effective and

efficient means for State agencies to comply with the State

agency requirements under this Act;

(11) in coordination and consultation with the

Secretary and the Governor's Office of Management and

Budget, review State agency budget requests related to

Information Security systems and provide recommendations

to the Governor's Office of Management and Budget;

(12) ensure the preparation and maintenance of plans

and procedures to provide cyber resilience and continuity

of operations for critical information systems that

support the operations of the State; and

(13) take such other actions as the Secretary may

direct.

(Source: P.A. 100-611, eff. 7-20-18; revised 10-9-18.)

Section 140. The Illinois Lottery Law is amended by

changing Sections 2, 9.1, and 20 and by setting forth,

renumbering, and changing multiple versions of Section 21.10 as

follows:

(20 ILCS 1605/2) (from Ch. 120, par. 1152)

Sec. 2. This Act is enacted to implement and establish

within the State a lottery to be conducted by the State through

the Department. The entire net proceeds of the Lottery are to

be used for the support of the State's Common School Fund,

except as provided in subsection (o) of Section 9.1 and

Sections 21.5, 21.6, 21.7, 21.8, 21.9, and 21.10, and 21.11.

The General Assembly finds that it is in the public interest

for the Department to conduct the functions of the Lottery with

the assistance of a private manager under a management

agreement overseen by the Department. The Department shall be

accountable to the General Assembly and the people of the State

through a comprehensive system of regulation, audits, reports,

and enduring operational oversight. The Department's ongoing

conduct of the Lottery through a management agreement with a

private manager shall act to promote and ensure the integrity,

security, honesty, and fairness of the Lottery's operation and

administration. It is the intent of the General Assembly that

the Department shall conduct the Lottery with the assistance of

a private manager under a management agreement at all times in

a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),

1953(b)(4).

Beginning with Fiscal Year 2018 and every year thereafter,

any moneys transferred from the State Lottery Fund to the

Common School Fund shall be supplemental to, and not in lieu

of, any other money due to be transferred to the Common School

Fund by law or appropriation.

(Source: P.A. 99-933, eff. 1-27-17; 100-466, eff. 6-1-18;

100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; revised

9-20-18.)

(20 ILCS 1605/9.1)

Sec. 9.1. Private manager and management agreement.

(a) As used in this Section:

"Offeror" means a person or group of persons that responds

to a request for qualifications under this Section.

"Request for qualifications" means all materials and

documents prepared by the Department to solicit the following

from offerors:

(1) Statements of qualifications.

(2) Proposals to enter into a management agreement,

including the identity of any prospective vendor or vendors

that the offeror intends to initially engage to assist the

offeror in performing its obligations under the management

agreement.

"Final offer" means the last proposal submitted by an

offeror in response to the request for qualifications,

including the identity of any prospective vendor or vendors

that the offeror intends to initially engage to assist the

offeror in performing its obligations under the management

agreement.

"Final offeror" means the offeror ultimately selected by

the Governor to be the private manager for the Lottery under

subsection (h) of this Section.

(b) By September 15, 2010, the Governor shall select a

private manager for the total management of the Lottery with

integrated functions, such as lottery game design, supply of

goods and services, and advertising and as specified in this

Section.

(c) Pursuant to the terms of this subsection, the

Department shall endeavor to expeditiously terminate the

existing contracts in support of the Lottery in effect on the

effective date of this amendatory Act of the 96th General

Assembly in connection with the selection of the private

manager. As part of its obligation to terminate these contracts

and select the private manager, the Department shall establish

a mutually agreeable timetable to transfer the functions of

existing contractors to the private manager so that existing

Lottery operations are not materially diminished or impaired

during the transition. To that end, the Department shall do the

following:

(1) where such contracts contain a provision

authorizing termination upon notice, the Department shall

provide notice of termination to occur upon the mutually

agreed timetable for transfer of functions;

(2) upon the expiration of any initial term or renewal

term of the current Lottery contracts, the Department shall

not renew such contract for a term extending beyond the

mutually agreed timetable for transfer of functions; or

(3) in the event any current contract provides for

termination of that contract upon the implementation of a

contract with the private manager, the Department shall

perform all necessary actions to terminate the contract on

the date that coincides with the mutually agreed timetable

for transfer of functions.

If the contracts to support the current operation of the

Lottery in effect on the effective date of this amendatory Act

of the 96th General Assembly are not subject to termination as

provided for in this subsection (c), then the Department may

include a provision in the contract with the private manager

specifying a mutually agreeable methodology for incorporation.

(c-5) The Department shall include provisions in the

management agreement whereby the private manager shall, for a

fee, and pursuant to a contract negotiated with the Department

(the "Employee Use Contract"), utilize the services of current

Department employees to assist in the administration and

operation of the Lottery. The Department shall be the employer

of all such bargaining unit employees assigned to perform such

work for the private manager, and such employees shall be State

employees, as defined by the Personnel Code. Department

employees shall operate under the same employment policies,

rules, regulations, and procedures, as other employees of the

Department. In addition, neither historical representation

rights under the Illinois Public Labor Relations Act, nor

existing collective bargaining agreements, shall be disturbed

by the management agreement with the private manager for the

management of the Lottery.

(d) The management agreement with the private manager shall

include all of the following:

(1) A term not to exceed 10 years, including any

renewals.

(2) A provision specifying that the Department:

(A) shall exercise actual control over all

significant business decisions;

(A-5) has the authority to direct or countermand

operating decisions by the private manager at any time;

(B) has ready access at any time to information

regarding Lottery operations;

(C) has the right to demand and receive information

from the private manager concerning any aspect of the

Lottery operations at any time; and

(D) retains ownership of all trade names,

trademarks, and intellectual property associated with

the Lottery.

(3) A provision imposing an affirmative duty on the

private manager to provide the Department with material

information and with any information the private manager

reasonably believes the Department would want to know to

enable the Department to conduct the Lottery.

(4) A provision requiring the private manager to

provide the Department with advance notice of any operating

decision that bears significantly on the public interest,

including, but not limited to, decisions on the kinds of

games to be offered to the public and decisions affecting

the relative risk and reward of the games being offered, so

the Department has a reasonable opportunity to evaluate and

countermand that decision.

(5) A provision providing for compensation of the

private manager that may consist of, among other things, a

fee for services and a performance based bonus as

consideration for managing the Lottery, including terms

that may provide the private manager with an increase in

compensation if Lottery revenues grow by a specified

percentage in a given year.

(6) (Blank).

(7) A provision requiring the deposit of all Lottery

proceeds to be deposited into the State Lottery Fund except

as otherwise provided in Section 20 of this Act.

(8) A provision requiring the private manager to locate

its principal office within the State.

(8-5) A provision encouraging that at least 20% of the

cost of contracts entered into for goods and services by

the private manager in connection with its management of

the Lottery, other than contracts with sales agents or

technical advisors, be awarded to businesses that are a

minority-owned business, a women-owned business, or a

business owned by a person with disability, as those terms

are defined in the Business Enterprise for Minorities,

Women, and Persons with Disabilities Act.

(9) A requirement that so long as the private manager

complies with all the conditions of the agreement under the

oversight of the Department, the private manager shall have

the following duties and obligations with respect to the

management of the Lottery:

(A) The right to use equipment and other assets

used in the operation of the Lottery.

(B) The rights and obligations under contracts

with retailers and vendors.

(C) The implementation of a comprehensive security

program by the private manager.

(D) The implementation of a comprehensive system

of internal audits.

(E) The implementation of a program by the private

manager to curb compulsive gambling by persons playing

the Lottery.

(F) A system for determining (i) the type of

Lottery games, (ii) the method of selecting winning

tickets, (iii) the manner of payment of prizes to

holders of winning tickets, (iv) the frequency of

drawings of winning tickets, (v) the method to be used

in selling tickets, (vi) a system for verifying the

validity of tickets claimed to be winning tickets,

(vii) the basis upon which retailer commissions are

established by the manager, and (viii) minimum

payouts.

(10) A requirement that advertising and promotion must

be consistent with Section 7.8a of this Act.

(11) A requirement that the private manager market the

Lottery to those residents who are new, infrequent, or

lapsed players of the Lottery, especially those who are

most likely to make regular purchases on the Internet as

permitted by law.

(12) A code of ethics for the private manager's

officers and employees.

(13) A requirement that the Department monitor and

oversee the private manager's practices and take action

that the Department considers appropriate to ensure that

the private manager is in compliance with the terms of the

management agreement, while allowing the manager, unless

specifically prohibited by law or the management

agreement, to negotiate and sign its own contracts with

vendors.

(14) A provision requiring the private manager to

periodically file, at least on an annual basis, appropriate

financial statements in a form and manner acceptable to the

Department.

(15) Cash reserves requirements.

(16) Procedural requirements for obtaining the prior

approval of the Department when a management agreement or

an interest in a management agreement is sold, assigned,

transferred, or pledged as collateral to secure financing.

(17) Grounds for the termination of the management

agreement by the Department or the private manager.

(18) Procedures for amendment of the agreement.

(19) A provision requiring the private manager to

engage in an open and competitive bidding process for any

procurement having a cost in excess of $50,000 that is not

a part of the private manager's final offer. The process

shall favor the selection of a vendor deemed to have

submitted a proposal that provides the Lottery with the

best overall value. The process shall not be subject to the

provisions of the Illinois Procurement Code, unless

specifically required by the management agreement.

(20) The transition of rights and obligations,

including any associated equipment or other assets used in

the operation of the Lottery, from the manager to any

successor manager of the lottery, including the

Department, following the termination of or foreclosure

upon the management agreement.

(21) Right of use of copyrights, trademarks, and

service marks held by the Department in the name of the

State. The agreement must provide that any use of them by

the manager shall only be for the purpose of fulfilling its

obligations under the management agreement during the term

of the agreement.

(22) The disclosure of any information requested by the

Department to enable it to comply with the reporting

requirements and information requests provided for under

subsection (p) of this Section.

(e) Notwithstanding any other law to the contrary, the

Department shall select a private manager through a competitive

request for qualifications process consistent with Section

20-35 of the Illinois Procurement Code, which shall take into

account:

(1) the offeror's ability to market the Lottery to

those residents who are new, infrequent, or lapsed players

of the Lottery, especially those who are most likely to

make regular purchases on the Internet;

(2) the offeror's ability to address the State's

concern with the social effects of gambling on those who

can least afford to do so;

(3) the offeror's ability to provide the most

successful management of the Lottery for the benefit of the

people of the State based on current and past business

practices or plans of the offeror; and

(4) the offeror's poor or inadequate past performance

in servicing, equipping, operating or managing a lottery on

behalf of Illinois, another State or foreign government and

attracting persons who are not currently regular players of

a lottery.

(f) The Department may retain the services of an advisor or

advisors with significant experience in financial services or

the management, operation, and procurement of goods, services,

and equipment for a government-run lottery to assist in the

preparation of the terms of the request for qualifications and

selection of the private manager. Any prospective advisor

seeking to provide services under this subsection (f) shall

disclose any material business or financial relationship

during the past 3 years with any potential offeror, or with a

contractor or subcontractor presently providing goods,

services, or equipment to the Department to support the

Lottery. The Department shall evaluate the material business or

financial relationship of each prospective advisor. The

Department shall not select any prospective advisor with a

substantial business or financial relationship that the

Department deems to impair the objectivity of the services to

be provided by the prospective advisor. During the course of

the advisor's engagement by the Department, and for a period of

one year thereafter, the advisor shall not enter into any

business or financial relationship with any offeror or any

vendor identified to assist an offeror in performing its

obligations under the management agreement. Any advisor

retained by the Department shall be disqualified from being an

offeror. The Department shall not include terms in the request

for qualifications that provide a material advantage whether

directly or indirectly to any potential offeror, or any

contractor or subcontractor presently providing goods,

services, or equipment to the Department to support the

Lottery, including terms contained in previous responses to

requests for proposals or qualifications submitted to

Illinois, another State or foreign government when those terms

are uniquely associated with a particular potential offeror,

contractor, or subcontractor. The request for proposals

offered by the Department on December 22, 2008 as

"LOT08GAMESYS" and reference number "22016176" is declared

void.

(g) The Department shall select at least 2 offerors as

finalists to potentially serve as the private manager no later

than August 9, 2010. Upon making preliminary selections, the

Department shall schedule a public hearing on the finalists'

proposals and provide public notice of the hearing at least 7

calendar days before the hearing. The notice must include all

of the following:

(1) The date, time, and place of the hearing.

(2) The subject matter of the hearing.

(3) A brief description of the management agreement to

be awarded.

(4) The identity of the offerors that have been

selected as finalists to serve as the private manager.

(5) The address and telephone number of the Department.

(h) At the public hearing, the Department shall (i) provide

sufficient time for each finalist to present and explain its

proposal to the Department and the Governor or the Governor's

designee, including an opportunity to respond to questions

posed by the Department, Governor, or designee and (ii) allow

the public and non-selected offerors to comment on the

presentations. The Governor or a designee shall attend the

public hearing. After the public hearing, the Department shall

have 14 calendar days to recommend to the Governor whether a

management agreement should be entered into with a particular

finalist. After reviewing the Department's recommendation, the

Governor may accept or reject the Department's recommendation,

and shall select a final offeror as the private manager by

publication of a notice in the Illinois Procurement Bulletin on

or before September 15, 2010. The Governor shall include in the

notice a detailed explanation and the reasons why the final

offeror is superior to other offerors and will provide

management services in a manner that best achieves the

objectives of this Section. The Governor shall also sign the

management agreement with the private manager.

(i) Any action to contest the private manager selected by

the Governor under this Section must be brought within 7

calendar days after the publication of the notice of the

designation of the private manager as provided in subsection

(h) of this Section.

(j) The Lottery shall remain, for so long as a private

manager manages the Lottery in accordance with provisions of

this Act, a Lottery conducted by the State, and the State shall

not be authorized to sell or transfer the Lottery to a third

party.

(k) Any tangible personal property used exclusively in

connection with the lottery that is owned by the Department and

leased to the private manager shall be owned by the Department

in the name of the State and shall be considered to be public

property devoted to an essential public and governmental

function.

(l) The Department may exercise any of its powers under

this Section or any other law as necessary or desirable for the

execution of the Department's powers under this Section.

(m) Neither this Section nor any management agreement

entered into under this Section prohibits the General Assembly

from authorizing forms of gambling that are not in direct

competition with the Lottery.

(n) The private manager shall be subject to a complete

investigation in the third, seventh, and tenth years of the

agreement (if the agreement is for a 10-year term) by the

Department in cooperation with the Auditor General to determine

whether the private manager has complied with this Section and

the management agreement. The private manager shall bear the

cost of an investigation or reinvestigation of the private

manager under this subsection.

(o) The powers conferred by this Section are in addition

and supplemental to the powers conferred by any other law. If

any other law or rule is inconsistent with this Section,

including, but not limited to, provisions of the Illinois

Procurement Code, then this Section controls as to any

management agreement entered into under this Section. This

Section and any rules adopted under this Section contain full

and complete authority for a management agreement between the

Department and a private manager. No law, procedure,

proceeding, publication, notice, consent, approval, order, or

act by the Department or any other officer, Department, agency,

or instrumentality of the State or any political subdivision is

required for the Department to enter into a management

agreement under this Section. This Section contains full and

complete authority for the Department to approve any contracts

entered into by a private manager with a vendor providing

goods, services, or both goods and services to the private

manager under the terms of the management agreement, including

subcontractors of such vendors.

Upon receipt of a written request from the Chief

Procurement Officer, the Department shall provide to the Chief

Procurement Officer a complete and un-redacted copy of the

management agreement or any contract that is subject to the

Department's approval authority under this subsection (o). The

Department shall provide a copy of the agreement or contract to

the Chief Procurement Officer in the time specified by the

Chief Procurement Officer in his or her written request, but no

later than 5 business days after the request is received by the

Department. The Chief Procurement Officer must retain any

portions of the management agreement or of any contract

designated by the Department as confidential, proprietary, or

trade secret information in complete confidence pursuant to

subsection (g) of Section 7 of the Freedom of Information Act.

The Department shall also provide the Chief Procurement Officer

with reasonable advance written notice of any contract that is

pending Department approval.

Notwithstanding any other provision of this Section to the

contrary, the Chief Procurement Officer shall adopt

administrative rules, including emergency rules, to establish

a procurement process to select a successor private manager if

a private management agreement has been terminated. The

selection process shall at a minimum take into account the

criteria set forth in items (1) through (4) of subsection (e)

of this Section and may include provisions consistent with

subsections (f), (g), (h), and (i) of this Section. The Chief

Procurement Officer shall also implement and administer the

adopted selection process upon the termination of a private

management agreement. The Department, after the Chief

Procurement Officer certifies that the procurement process has

been followed in accordance with the rules adopted under this

subsection (o), shall select a final offeror as the private

manager and sign the management agreement with the private

manager.

Except as provided in Sections 21.5, 21.6, 21.7, 21.8,

21.9, and 21.10, and 21.11, 21.10 the Department shall

distribute all proceeds of lottery tickets and shares sold in

the following priority and manner:

(1) The payment of prizes and retailer bonuses.

(2) The payment of costs incurred in the operation and

administration of the Lottery, including the payment of

sums due to the private manager under the management

agreement with the Department.

(3) On the last day of each month or as soon thereafter

as possible, the State Comptroller shall direct and the

State Treasurer shall transfer from the State Lottery Fund

to the Common School Fund an amount that is equal to the

proceeds transferred in the corresponding month of fiscal

year 2009, as adjusted for inflation, to the Common School

Fund.

(4) On or before September 30 of each fiscal year,

deposit any estimated remaining proceeds from the prior

fiscal year, subject to payments under items (1), (2), and

(3), into the Capital Projects Fund. Beginning in fiscal

year 2019, the amount deposited shall be increased or

decreased each year by the amount the estimated payment

differs from the amount determined from each year-end

financial audit. Only remaining net deficits from prior

fiscal years may reduce the requirement to deposit these

funds, as determined by the annual financial audit.

(p) The Department shall be subject to the following

reporting and information request requirements:

(1) the Department shall submit written quarterly

reports to the Governor and the General Assembly on the

activities and actions of the private manager selected

under this Section;

(2) upon request of the Chief Procurement Officer, the

Department shall promptly produce information related to

the procurement activities of the Department and the

private manager requested by the Chief Procurement

Officer; the Chief Procurement Officer must retain

confidential, proprietary, or trade secret information

designated by the Department in complete confidence

pursuant to subsection (g) of Section 7 of the Freedom of

Information Act; and

(3) at least 30 days prior to the beginning of the

Department's fiscal year, the Department shall prepare an

annual written report on the activities of the private

manager selected under this Section and deliver that report

to the Governor and General Assembly.

(Source: P.A. 99-933, eff. 1-27-17; 100-391, eff. 8-25-17;

100-587, eff. 6-4-18; 100-647, eff. 7-30-18; 100-1068, eff.

8-24-18; revised 9-20-18.)

(20 ILCS 1605/20) (from Ch. 120, par. 1170)

Sec. 20. State Lottery Fund.

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

to be known as the "State Lottery Fund". Such fund shall

consist of all revenues received from (1) the sale of lottery

tickets or shares, (net of commissions, fees representing those

expenses that are directly proportionate to the sale of tickets

or shares at the agent location, and prizes of less than $600

which have been validly paid at the agent level), (2)

application fees, and (3) all other sources including moneys

credited or transferred thereto from any other fund or source

pursuant to law. Interest earnings of the State Lottery Fund

shall be credited to the Common School Fund.

(b) The receipt and distribution of moneys under Section

21.5 of this Act shall be in accordance with Section 21.5.

(c) The receipt and distribution of moneys under Section

21.6 of this Act shall be in accordance with Section 21.6.

(d) The receipt and distribution of moneys under Section

21.7 of this Act shall be in accordance with Section 21.7.

(e) The receipt and distribution of moneys under Section

21.8 of this Act shall be in accordance with Section 21.8.

(f) The receipt and distribution of moneys under Section

21.9 of this Act shall be in accordance with Section 21.9.

(g) The receipt and distribution of moneys under Section

21.10 of this Act shall be in accordance with Section 21.10.

(h) (g) The receipt and distribution of moneys under

Section 21.11 21.10 of this Act shall be in accordance with

Section 21.11 21.10.

(Source: P.A. 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18;

revised 9-20-18.)

(20 ILCS 1605/21.10)

Sec. 21.10. Scratch-off for State police memorials.

(a) The Department shall offer a special instant

scratch-off game for the benefit of State police memorials. The

game shall commence on January 1, 2019 or as soon thereafter,

at the discretion of the Director, as is reasonably practical.

The operation of the game shall be governed by this Act and any

rules adopted by the Department. If any provision of this

Section is inconsistent with any other provision of this Act,

then this Section governs.

(b) The net revenue from the State police memorials

scratch-off game shall be deposited into the Criminal Justice

Information Projects Fund and distributed equally, as soon as

practical but at least on a monthly basis, to the Chicago

Police Memorial Foundation Fund, the Police Memorial Committee

Fund, and the Illinois State Police Memorial Park Fund. Moneys

transferred to the funds under this Section shall be used,

subject to appropriation, to fund grants for building and

maintaining memorials and parks; holding annual memorial

commemorations; giving scholarships to children of officers

killed or catastrophically injured in the line of duty, or

those interested in pursuing a career in law enforcement;

providing financial assistance to police officers and their

families when a police officer is killed or injured in the line

of duty; and providing financial assistance to officers for the

purchase or replacement of bulletproof bullet proof vests to be

used in the line of duty.

For purposes of this subsection, "net revenue" means the

total amount for which tickets have been sold less the sum of

the amount paid out in the prizes and the actual administrative

expenses of the Department solely related to the scratch-off

game under this Section.

(c) During the time that tickets are sold for the State

police memorials scratch-off game, the Department shall not

unreasonably diminish the efforts devoted to marketing any

other instant scratch-off lottery game.

(d) The Department may adopt any rules necessary to

implement and administer the provisions of this Section.

(Source: P.A. 100-647, eff. 7-30-18; revised 9-17-18.)

(20 ILCS 1605/21.11)

Sec. 21.11 21.10. Scratch-off for homelessness prevention

programs.

(a) The Department shall offer a special instant

scratch-off game to fund homelessness prevention programs. The

game shall commence on July 1, 2019 or as soon thereafter, at

the discretion of the Director, as is reasonably practical. The

operation of the game shall be governed by this Act and any

rules adopted by the Department. If any provision of this

Section is inconsistent with any other provision of this Act,

then this Section governs.

(b) The Homelessness Prevention Revenue Fund is created as

a special fund in the State treasury. The net revenue from the

scratch-off game to fund homelessness prevention programs

shall be deposited into the Homelessness Prevention Revenue

Fund. Subject to appropriation, moneys in the Fund shall be

used by the Department of Human Services solely for grants to

homelessness prevention and assistance projects under the

Homelessness Prevention Act.

As used in this subsection, "net revenue" means the total

amount for which tickets have been sold less the sum of the

amount paid out in the prizes and the actual administrative

expenses of the Department solely related to the scratch-off

game under this Section.

(c) During the time that tickets are sold for the

scratch-off game to fund homelessness prevention programs, the

Department shall not unreasonably diminish the efforts devoted

to marketing any other instant scratch-off lottery game.

(d) The Department may adopt any rules necessary to

implement and administer the provisions of this Section.

(e) Nothing in this Section shall be construed to affect

any revenue that any Homelessness Prevention line item receives

through the General Revenue Fund or the Illinois Affordable

Housing Trust Fund.

(Source: P.A. 100-1068, eff. 8-24-18; revised 9-17-18.)

Section 145. The Mental Health and Developmental

Disabilities Administrative Act is amended by changing Section

4.4 as follows:

(20 ILCS 1705/4.4)

Sec. 4.4. Direct support person credential pilot program.

(a) In this Section, "direct support person credential"

means a document issued to an individual by a recognized

accrediting body attesting that the individual has met the

professional requirements of the credentialing program by the

Division of Developmental Disabilities of the Department of

Human Services.

(b) The Division shall initiate a program to continue to

gain the expertise and knowledge of the developmental

disabilities workforce and of the developmental disabilities

workforce recruitment and retention needs throughout the

developmental disabilities field. The Division shall implement

a direct support person credential pilot program to assist and

attract persons into the field of direct support, advance

direct support as a career, and professionalize the field to

promote workforce recruitment and retention efforts, advanced

skills and competencies, and further ensure the health, safety,

and well-being of persons being served.

(c) The direct support person credential pilot program is

created within the Division to assist persons in the field of

developmental disabilities in obtaining obtain a credential in

their fields of expertise.

(d) The pilot program shall be administered by the Division

for 3 years. The pilot program shall include providers,

licensed and certified by the Division or by the Department of

Public Health. The purpose of the pilot program is to assess

how the establishment of a State-accredited direct support

person credential:

(1) promotes recruitment and retention efforts in the

developmental disabilities field, notably the direct

support person position;

(2) enhances competence in the developmental

disabilities field;

(3) yields quality supports and services to persons

with developmental disabilities; and

(4) advances the health and safety requirements set

forth by the State.

(e) The Division, in administering the pilot program, shall

consider, but not be limited to, the following:

(1) best practices learning initiatives, including the

University of Minnesota's college of direct support and all

Illinois Department of Human Services-approved direct

support person competencies;

(2) national direct support professional and person

competencies or credentialing-based standards and

trainings;

(3) facilitating direct support person's portfolio

development;

(4) the role and value of skill mentors; and

(5) creating a career ladder.

(f) The Division shall produce a report detailing the

progress of the pilot program, including, but not limited to:

(1) the rate of recruitment and retention for direct

support persons of providers participating in the pilot

program compared to the rate for non-participating

providers;

(2) the number of direct support persons credentialed;

and

(3) the enhancement of quality supports and services to

persons with developmental disabilities.

(Source: P.A. 100-754, eff. 8-10-18; revised 9-25-18.)

Section 150. The Military Code of Illinois is amended by

changing Section 21 as follows:

(20 ILCS 1805/21) (from Ch. 129, par. 220.21)

Sec. 21. The Assistant Adjutant General for Army shall be

the chief administrative assistant to the Adjutant General for

Army matters and the Assistant Adjutant General for Air shall

be the chief administrative assistant to the Adjutant General

for Air matters and both shall perform such duties as may be

directed by the Adjutant General. In the event of the death or

disability of the Adjutant General or any other occurrence that

creates a vacancy in the office,, the Commander-in-Chief shall

designate either the Assistant Adjutant General for Army or the

Assistant Adjutant General for Air as the Acting Adjutant

General to perform the duties of the office until an Adjutant

General is appointed.

(Source: P.A. 100-1030, eff. 8-22-18; revised 10-2-18.)

Section 155. The Department of Professional Regulation Law

of the Civil Administrative Code of Illinois is amended by

changing Section 2105-15 as follows:

(20 ILCS 2105/2105-15)

Sec. 2105-15. General powers and duties.

(a) The Department has, subject to the provisions of the

Civil Administrative Code of Illinois, the following powers and

duties:

(1) To authorize examinations in English to ascertain

the qualifications and fitness of applicants to exercise

the profession, trade, or occupation for which the

examination is held.

(2) To prescribe rules and regulations for a fair and

wholly impartial method of examination of candidates to

exercise the respective professions, trades, or

occupations.

(3) To pass upon the qualifications of applicants for

licenses, certificates, and authorities, whether by

examination, by reciprocity, or by endorsement.

(4) To prescribe rules and regulations defining, for

the respective professions, trades, and occupations, what

shall constitute a school, college, or university, or

department of a university, or other institution,

reputable and in good standing, and to determine the

reputability and good standing of a school, college, or

university, or department of a university, or other

institution, reputable and in good standing, by reference

to a compliance with those rules and regulations; provided,

that no school, college, or university, or department of a

university, or other institution that refuses admittance

to applicants solely on account of race, color, creed, sex,

sexual orientation, or national origin shall be considered

reputable and in good standing.

(5) To conduct hearings on proceedings to revoke,

suspend, refuse to renew, place on probationary status, or

take other disciplinary action as authorized in any

licensing Act administered by the Department with regard to

licenses, certificates, or authorities of persons

exercising the respective professions, trades, or

occupations and to revoke, suspend, refuse to renew, place

on probationary status, or take other disciplinary action

as authorized in any licensing Act administered by the

Department with regard to those licenses, certificates, or

authorities.

The Department shall issue a monthly disciplinary

report.

The Department shall refuse to issue or renew a license

to, or shall suspend or revoke a license of, any person

who, after receiving notice, fails to comply with a

subpoena or warrant relating to a paternity or child

support proceeding. However, the Department may issue a

license or renewal upon compliance with the subpoena or

warrant.

The Department, without further process or hearings,

shall revoke, suspend, or deny any license or renewal

authorized by the Civil Administrative Code of Illinois to

a person who is certified by the Department of Healthcare

and Family Services (formerly Illinois Department of

Public Aid) as being more than 30 days delinquent in

complying with a child support order or who is certified by

a court as being in violation of the Non-Support Punishment

Act for more than 60 days. The Department may, however,

issue a license or renewal if the person has established a

satisfactory repayment record as determined by the

Department of Healthcare and Family Services (formerly

Illinois Department of Public Aid) or if the person is

determined by the court to be in compliance with the

Non-Support Punishment Act. The Department may implement

this paragraph as added by Public Act 89-6 through the use

of emergency rules in accordance with Section 5-45 of the

Illinois Administrative Procedure Act. For purposes of the

Illinois Administrative Procedure Act, the adoption of

rules to implement this paragraph shall be considered an

emergency and necessary for the public interest, safety,

and welfare.

(6) To transfer jurisdiction of any realty under the

control of the Department to any other department of the

State Government or to acquire or accept federal lands when

the transfer, acquisition, or acceptance is advantageous

to the State and is approved in writing by the Governor.

(7) To formulate rules and regulations necessary for

the enforcement of any Act administered by the Department.

(8) To exchange with the Department of Healthcare and

Family Services information that may be necessary for the

enforcement of child support orders entered pursuant to the

Illinois Public Aid Code, the Illinois Marriage and

Dissolution of Marriage Act, the Non-Support of Spouse and

Children Act, the Non-Support Punishment Act, the Revised

Uniform Reciprocal Enforcement of Support Act, the Uniform

Interstate Family Support Act, the Illinois Parentage Act

of 1984, or the Illinois Parentage Act of 2015.

Notwithstanding any provisions in this Code to the

contrary, the Department of Professional Regulation shall

not be liable under any federal or State law to any person

for any disclosure of information to the Department of

Healthcare and Family Services (formerly Illinois

Department of Public Aid) under this paragraph (8) or for

any other action taken in good faith to comply with the

requirements of this paragraph (8).

(8.5) To accept continuing education credit for

mandated reporter training on how to recognize and report

child abuse offered by the Department of Children and

Family Services and completed by any person who holds a

professional license issued by the Department and who is a

mandated reporter under the Abused and Neglected Child

Reporting Act. The Department shall adopt any rules

necessary to implement this paragraph.

(9) To perform other duties prescribed by law.

(a-5) Except in cases involving delinquency in complying

with a child support order or violation of the Non-Support

Punishment Act and notwithstanding anything that may appear in

any individual licensing Act or administrative rule, no person

or entity whose license, certificate, or authority has been

revoked as authorized in any licensing Act administered by the

Department may apply for restoration of that license,

certification, or authority until 3 years after the effective

date of the revocation.

(b) (Blank).

(c) For the purpose of securing and preparing evidence, and

for the purchase of controlled substances, professional

services, and equipment necessary for enforcement activities,

recoupment of investigative costs, and other activities

directed at suppressing the misuse and abuse of controlled

substances, including those activities set forth in Sections

504 and 508 of the Illinois Controlled Substances Act, the

Director and agents appointed and authorized by the Director

may expend sums from the Professional Regulation Evidence Fund

that the Director deems necessary from the amounts appropriated

for that purpose. Those sums may be advanced to the agent when

the Director deems that procedure to be in the public interest.

Sums for the purchase of controlled substances, professional

services, and equipment necessary for enforcement activities

and other activities as set forth in this Section shall be

advanced to the agent who is to make the purchase from the

Professional Regulation Evidence Fund on vouchers signed by the

Director. The Director and those agents are authorized to

maintain one or more commercial checking accounts with any

State banking corporation or corporations organized under or

subject to the Illinois Banking Act for the deposit and

withdrawal of moneys to be used for the purposes set forth in

this Section; provided, that no check may be written nor any

withdrawal made from any such account except upon the written

signatures of 2 persons designated by the Director to write

those checks and make those withdrawals. Vouchers for those

expenditures must be signed by the Director. All such

expenditures shall be audited by the Director, and the audit

shall be submitted to the Department of Central Management

Services for approval.

(d) Whenever the Department is authorized or required by

law to consider some aspect of criminal history record

information for the purpose of carrying out its statutory

powers and responsibilities, then, upon request and payment of

fees in conformance with the requirements of Section 2605-400

of the Department of State Police Law (20 ILCS 2605/2605-400),

the Department of State Police is authorized to furnish,

pursuant to positive identification, the information contained

in State files that is necessary to fulfill the request.

(e) The provisions of this Section do not apply to private

business and vocational schools as defined by Section 15 of the

Private Business and Vocational Schools Act of 2012.

(f) (Blank).

(f-5) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall allow an applicant to provide his or her

individual taxpayer identification number as an alternative to

providing a social security number when applying for a license.

(g) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall deny any license application or renewal

authorized under any licensing Act administered by the

Department to any person who has failed to file a return, or to

pay the tax, penalty, or interest shown in a filed return, or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirement of any such tax

Act are satisfied; however, the Department may issue a license

or renewal if the person has established a satisfactory

repayment record as determined by the Illinois Department of

Revenue. For the purpose of this Section, "satisfactory

repayment record" shall be defined by rule.

In addition, a complaint filed with the Department by the

Illinois Department of Revenue that includes a certification,

signed by its Director or designee, attesting to the amount of

the unpaid tax liability or the years for which a return was

not filed, or both, is prima facie evidence of the licensee's

failure to comply with the tax laws administered by the

Illinois Department of Revenue. Upon receipt of that

certification, the Department shall, without a hearing,

immediately suspend all licenses held by the licensee.

Enforcement of the Department's order shall be stayed for 60

days. The Department shall provide notice of the suspension to

the licensee by mailing a copy of the Department's order to the

licensee's address of record or emailing a copy of the order to

the licensee's email address of record. The notice shall advise

the licensee that the suspension shall be effective 60 days

after the issuance of the Department's order unless the

Department receives, from the licensee, a request for a hearing

before the Department to dispute the matters contained in the

order.

Any suspension imposed under this subsection (g) shall be

terminated by the Department upon notification from the

Illinois Department of Revenue that the licensee is in

compliance with all tax laws administered by the Illinois

Department of Revenue.

The Department may promulgate rules for the administration

of this subsection (g).

(h) The Department may grant the title "Retired", to be

used immediately adjacent to the title of a profession

regulated by the Department, to eligible retirees. For

individuals licensed under the Medical Practice Act of 1987,

the title "Retired" may be used in the profile required by the

Patients' Right to Know Act. The use of the title "Retired"

shall not constitute representation of current licensure,

registration, or certification. Any person without an active

license, registration, or certificate in a profession that

requires licensure, registration, or certification shall not

be permitted to practice that profession.

(i) The Department shall make available on its website

general information explaining how the Department utilizes

criminal history information in making licensure application

decisions, including a list of enumerated offenses that serve

as a statutory bar to licensure.

(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,

eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;

100-262, eff. 8-22-17; 100-863, eff. 8-14-18; 100-872, eff.

8-14-18; 100-883, eff. 8-14-18; 100-1078, eff. 1-1-19; revised

10-18-18.)

Section 160. The Department of Public Health Powers and

Duties Law of the Civil Administrative Code of Illinois is

amended by changing Sections 2310-307 and 2310-313 as follows:

(20 ILCS 2310/2310-307)

Sec. 2310-307. Concussion brochure. As used in this

Section, "concussion" and "interscholastic athletic activity"

have the meanings meaning ascribed to those terms under Section

22-80 of the School Code. The Department shall, subject to

appropriation, develop, publish, and disseminate a brochure to

educate the general public on the effects of concussions in

children and discuss how to look for concussion warning signs

in children, including, but not limited to, delays in the

learning development of children. The brochure shall be

distributed free of charge by schools to any child or the

parent or guardian of a child who may have sustained a

concussion, regardless of whether or not the concussion

occurred while the child was participating in an

interscholastic athletic activity.

(Source: P.A. 100-747, eff. 1-1-19; revised 9-27-18.)

(20 ILCS 2310/2310-313)

Sec. 2310-313. Sepsis Review Task Force.

(a) The Sepsis Review Task Force is created. The Task Force

shall study sepsis early intervention and the prevention of

loss of life from sepsis. The Task Force's study shall include,

but not be limited to:

(1) studying the Medical Patient Rights Act, reviewing

how other states handle patients' rights, and determining

how Illinois can improve patients' rights and prevent

sepsis based on the approaches of the other states;

(2) investigating specific advances in medical

technology that could identify sepsis in blood tests;

(3) studying medical record sharing that would enable

physicians and patients to see results from blood work that

was drawn at hospitals;

(4) best practices and protocols for hospitals,

long-term care facilities licensed under the Nursing Home

Care Act, ID/DD facilities under the ID/DD Community Care

Act, and group homes; and

(5) developing develop best practices and protocols

for emergency first responders in the field dealing with

patients who potentially are in septic shock or others who

are suffering from sepsis.

(b) The Task Force shall consist of the following members,

appointed by the Director of Public Health:

(1) one representative of a statewide association

representing hospitals;

(2) two representatives of a statewide organization

representing physicians licensed to practice medicine in

all its branches, one of whom shall represent hospitalists;

(3) one representative of a statewide organization

representing emergency physicians;

(4) one representative of a statewide labor union

representing nurses;

(5) two representatives of statewide organizations

representing long-term care facilities;

(6) one representative of a statewide organization

representing facilities licensed under the MC/DD Act or

ID/DD Community Care Act;

(7) the Chief of the Department's Division of Emergency

Medical Services and Highway Safety or his or her designee;

(8) one representative of an ambulance or emergency

medical services association;

(9) three representatives of a nationwide sepsis

advocacy organization;

(10) one representative of a medical research

department at a public university; and

(11) one representative of a statewide association

representing medical information management professionals.

Task Force members shall serve without compensation. If a

vacancy occurs in the Task Force membership, the vacancy shall

be filled in the same manner as the original appointment. The

Department of Public Health shall provide the Task Force with

administrative and other support.

(Source: P.A. 100-1100, eff. 8-26-18; revised 9-27-18.)

Section 165. The Criminal Identification Act is amended by

changing Section 5.2 as follows:

(20 ILCS 2630/5.2)

Sec. 5.2. Expungement, sealing, and immediate sealing.

(a) General Provisions.

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

the meanings set forth in this subsection, except when a

particular context clearly requires a different meaning.

(A) The following terms shall have the meanings

ascribed to them in the Unified Code of Corrections,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

defendant is not arrested prior to or as a direct

result of the charge.

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

sentence entered upon a plea of guilty or upon a

verdict or finding of guilty of an offense, rendered by

a legally constituted jury or by a court of competent

jurisdiction authorized to try the case without a jury.

An order of supervision successfully completed by the

petitioner is not a conviction. An order of qualified

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

successfully completed by the petitioner is not a

conviction. An order of supervision or an order of

qualified probation that is terminated

unsatisfactorily is a conviction, unless the

unsatisfactory termination is reversed, vacated, or

modified and the judgment of conviction, if any, is

reversed or vacated.

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

business offense, misdemeanor, felony, or municipal

ordinance violation (as defined in subsection

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

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

be considered a criminal offense.

(E) "Expunge" means to physically destroy the

records or return them to the petitioner and to

obliterate the petitioner's name from any official

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

shall require the physical destruction of the circuit

court file, but such records relating to arrests or

charges, or both, ordered expunged shall be impounded

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

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

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

the sentence, order of supervision, or order of

qualified probation (as defined by subsection

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

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

any jurisdiction, regardless of whether the petitioner

has included the criminal offense for which the

sentence or order of supervision or qualified

probation was imposed in his or her petition. If

multiple sentences, orders of supervision, or orders

of qualified probation terminate on the same day and

are last in time, they shall be collectively considered

the "last sentence" regardless of whether they were

ordered to run concurrently.

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

business offense, or Class C misdemeanor under the

Illinois Vehicle Code or a similar provision of a

municipal or local ordinance.

(H) "Municipal ordinance violation" means an

offense defined by a municipal or local ordinance that

is criminal in nature and with which the petitioner was

charged or for which the petitioner was arrested and

released without charging.

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

prosecuted as an adult who has applied for relief under

this Section.

(J) "Qualified probation" means an order of

probation under Section 10 of the Cannabis Control Act,

Section 410 of the Illinois Controlled Substances Act,

Section 70 of the Methamphetamine Control and

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

of the Unified Code of Corrections, Section

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

those provisions existed before their deletion by

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

Alcoholism and Other Drug Dependency Act, Section

40-10 of the Substance Use Disorder Act, or Section 10

of the Steroid Control Act. For the purpose of this

Section, "successful completion" of an order of

qualified probation under Section 10-102 of the

Illinois Alcoholism and Other Drug Dependency Act and

Section 40-10 of the Substance Use Disorder Act means

that the probation was terminated satisfactorily and

the judgment of conviction was vacated.

(K) "Seal" means to physically and electronically

maintain the records, unless the records would

otherwise be destroyed due to age, but to make the

records unavailable without a court order, subject to

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

petitioner's name shall also be obliterated from the

official index required to be kept by the circuit court

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

any index issued by the circuit court clerk before the

entry of the order to seal shall not be affected.

(L) "Sexual offense committed against a minor"

includes but is not limited to the offenses of indecent

solicitation of a child or criminal sexual abuse when

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

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

order of supervision or qualified probation includes

either satisfactory or unsatisfactory termination of

the sentence, unless otherwise specified in this

Section. A sentence is terminated notwithstanding any

outstanding financial legal obligation.

(2) Minor Traffic Offenses. Orders of supervision or

convictions for minor traffic offenses shall not affect a

petitioner's eligibility to expunge or seal records

pursuant to this Section.

(2.5) Commencing 180 days after July 29, 2016 (the

effective date of Public Act 99-697), the law enforcement

agency issuing the citation shall automatically expunge,

on or before January 1 and July 1 of each year, the law

enforcement records of a person found to have committed a

civil law violation of subsection (a) of Section 4 of the

Cannabis Control Act or subsection (c) of Section 3.5 of

the Drug Paraphernalia Control Act in the law enforcement

agency's possession or control and which contains the final

satisfactory disposition which pertain to the person

issued a citation for that offense. The law enforcement

agency shall provide by rule the process for access,

review, and to confirm the automatic expungement by the law

enforcement agency issuing the citation. Commencing 180

days after July 29, 2016 (the effective date of Public Act

99-697), the clerk of the circuit court shall expunge, upon

order of the court, or in the absence of a court order on

or before January 1 and July 1 of each year, the court

records of a person found in the circuit court to have

committed a civil law violation of subsection (a) of

Section 4 of the Cannabis Control Act or subsection (c) of

Section 3.5 of the Drug Paraphernalia Control Act in the

clerk's possession or control and which contains the final

satisfactory disposition which pertain to the person

issued a citation for any of those offenses.

(3) Exclusions. Except as otherwise provided in

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

of this Section, the court shall not order:

(A) the sealing or expungement of the records of

arrests or charges not initiated by arrest that result

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

any sexual offense committed against a minor; (ii)

Section 11-501 of the Illinois Vehicle Code or a

similar provision of a local ordinance; or (iii)

Section 11-503 of the Illinois Vehicle Code or a

similar provision of a local ordinance, unless the

arrest or charge is for a misdemeanor violation of

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

of a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the offender

has no other conviction for violating Section 11-501 or

11-503 of the Illinois Vehicle Code or a similar

provision of a local ordinance.

(B) the sealing or expungement of records of minor

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

unless the petitioner was arrested and released

without charging.

(C) the sealing of the records of arrests or

charges not initiated by arrest which result in an

order of supervision or a conviction for the following

offenses:

(i) offenses included in Article 11 of the

Criminal Code of 1961 or the Criminal Code of 2012

or a similar provision of a local ordinance, except

Section 11-14 and a misdemeanor violation of

Section 11-30 of the Criminal Code of 1961 or the

Criminal Code of 2012, or a similar provision of a

local ordinance;

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

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

Criminal Code of 2012, or a similar provision of a

local ordinance;

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

Criminal Code of 1961 or the Criminal Code of 2012,

or Section 125 of the Stalking No Contact Order

Act, or Section 219 of the Civil No Contact Order

Act, or a similar provision of a local ordinance;

(iv) Class A misdemeanors or felony offenses

under the Humane Care for Animals Act; or

(v) any offense or attempted offense that

would subject a person to registration under the

Sex Offender Registration Act.

(D) (blank).

(b) Expungement.

(1) A petitioner may petition the circuit court to

expunge the records of his or her arrests and charges not

initiated by arrest when each arrest or charge not

initiated by arrest sought to be expunged resulted in: (i)

acquittal, dismissal, or the petitioner's release without

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

conviction which was vacated or reversed, unless excluded

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

such supervision was successfully completed by the

petitioner, unless excluded by subsection (a)(3)(A) or

(a)(3)(B); or (iv) an order of qualified probation (as

defined in subsection (a)(1)(J)) and such probation was

successfully completed by the petitioner.

(1.5) When a petitioner seeks to have a record of

arrest expunged under this Section, and the offender has

been convicted of a criminal offense, the State's Attorney

may object to the expungement on the grounds that the

records contain specific relevant information aside from

the mere fact of the arrest.

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

(A) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an acquittal,

dismissal, the petitioner's release without charging,

or the reversal or vacation of a conviction, there is

no waiting period to petition for the expungement of

such records.

(B) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

supervision, successfully completed by the petitioner,

the following time frames will apply:

(i) Those arrests or charges that resulted in

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

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

similar provision of a local ordinance, or under

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

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

similar provision of a local ordinance, shall not

be eligible for expungement until 5 years have

passed following the satisfactory termination of

the supervision.

(i-5) Those arrests or charges that resulted

in orders of supervision for a misdemeanor

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

the Illinois Vehicle Code or a similar provision of

a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the

offender has no other conviction for violating

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

Code or a similar provision of a local ordinance

shall not be eligible for expungement until the

petitioner has reached the age of 25 years.

(ii) Those arrests or charges that resulted in

orders of supervision for any other offenses shall

not be eligible for expungement until 2 years have

passed following the satisfactory termination of

the supervision.

(C) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

qualified probation, successfully completed by the

petitioner, such records shall not be eligible for

expungement until 5 years have passed following the

satisfactory termination of the probation.

(3) Those records maintained by the Department for

persons arrested prior to their 17th birthday shall be

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

Act of 1987.

(4) Whenever a person has been arrested for or

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

identity he or she has stolen or otherwise come into

possession of, the aggrieved person from whom the identity

was stolen or otherwise obtained without authorization,

upon learning of the person having been arrested using his

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

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

court order entered nunc pro tunc by the Chief Judge to

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

all official records of the arresting authority, the

Department, other criminal justice agencies, the

prosecutor, and the trial court concerning such arrest, if

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

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

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

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

records of the circuit court clerk shall be sealed until

further order of the court upon good cause shown and the

name of the aggrieved person obliterated on the official

index required to be kept by the circuit court clerk under

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

not affect any index issued by the circuit court clerk

before the entry of the order. Nothing in this Section

shall limit the Department of State Police or other

criminal justice agencies or prosecutors from listing

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

used.

(5) Whenever a person has been convicted of criminal

sexual assault, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, criminal

sexual abuse, or aggravated criminal sexual abuse, the

victim of that offense may request that the State's

Attorney of the county in which the conviction occurred

file a verified petition with the presiding trial judge at

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

seal the records of the circuit court clerk in connection

with the proceedings of the trial court concerning that

offense. However, the records of the arresting authority

and the Department of State Police concerning the offense

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

shall make the records of the circuit court clerk in

connection with the proceedings of the trial court

concerning the offense available for public inspection.

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

or on collateral attack and the court determines by clear

and convincing evidence that the petitioner was factually

innocent of the charge, the court that finds the petitioner

factually innocent of the charge shall enter an expungement

order for the conviction for which the petitioner has been

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

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

(7) Nothing in this Section shall prevent the

Department of State Police from maintaining all records of

any person who is admitted to probation upon terms and

conditions and who fulfills those terms and conditions

pursuant to Section 10 of the Cannabis Control Act, Section

410 of the Illinois Controlled Substances Act, Section 70

of the Methamphetamine Control and Community Protection

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

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

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

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

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

the Substance Use Disorder Act, or Section 10 of the

Steroid Control Act.

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

innocence under Section 2-702 of the Code of Civil

Procedure, the court that grants the certificate of

innocence shall also enter an order expunging the

conviction for which the petitioner has been determined to

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

of the Code of Civil Procedure.

(c) Sealing.

(1) Applicability. Notwithstanding any other provision

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

to expungement of criminal records, this subsection

authorizes the sealing of criminal records of adults and of

minors prosecuted as adults. Subsection (g) of this Section

provides for immediate sealing of certain records.

(2) Eligible Records. The following records may be

sealed:

(A) All arrests resulting in release without

charging;

(B) Arrests or charges not initiated by arrest

resulting in acquittal, dismissal, or conviction when

the conviction was reversed or vacated, except as

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

(C) Arrests or charges not initiated by arrest

resulting in orders of supervision, including orders

of supervision for municipal ordinance violations,

successfully completed by the petitioner, unless

excluded by subsection (a)(3);

(D) Arrests or charges not initiated by arrest

resulting in convictions, including convictions on

municipal ordinance violations, unless excluded by

subsection (a)(3);

(E) Arrests or charges not initiated by arrest

resulting in orders of first offender probation under

Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, Section 70 of

the Methamphetamine Control and Community Protection

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

Corrections; and

(F) Arrests or charges not initiated by arrest

resulting in felony convictions unless otherwise

excluded by subsection (a) paragraph (3) of this

Section.

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

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

sealed as follows:

(A) Records identified as eligible under

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

time.

(B) Except as otherwise provided in subparagraph

(E) of this paragraph (3), records identified as

eligible under subsection (c)(2)(C) may be sealed 2

years after the termination of petitioner's last

sentence (as defined in subsection (a)(1)(F)).

(C) Except as otherwise provided in subparagraph

(E) of this paragraph (3), records identified as

eligible under subsections (c)(2)(D), (c)(2)(E), and

(c)(2)(F) may be sealed 3 years after the termination

of the petitioner's last sentence (as defined in

subsection (a)(1)(F)). Convictions requiring public

registration under the Arsonist Registration Act, the

Sex Offender Registration Act, or the Murderer and

Violent Offender Against Youth Registration Act may

not be sealed until the petitioner is no longer

required to register under that relevant Act.

(D) Records identified in subsection

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

reached the age of 25 years.

(E) Records identified as eligible under

subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or

(c)(2)(F) may be sealed upon termination of the

petitioner's last sentence if the petitioner earned a

high school diploma, associate's degree, career

certificate, vocational technical certification, or

bachelor's degree, or passed the high school level Test

of General Educational Development, during the period

of his or her sentence, aftercare release, or mandatory

supervised release. This subparagraph shall apply only

to a petitioner who has not completed the same

educational goal prior to the period of his or her

sentence, aftercare release, or mandatory supervised

release. If a petition for sealing eligible records

filed under this subparagraph is denied by the court,

the time periods under subparagraph (B) or (C) shall

apply to any subsequent petition for sealing filed by

the petitioner.

(4) Subsequent felony convictions. A person may not

have subsequent felony conviction records sealed as

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

of any felony offense after the date of the sealing of

prior felony convictions as provided in this subsection

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

offense, order the unsealing of prior felony conviction

records previously ordered sealed by the court.

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

disposition for an eligible record under this subsection

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

right to have the records sealed and the procedures for the

sealing of the records.

(d) Procedure. The following procedures apply to

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

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

(1) Filing the petition. Upon becoming eligible to

petition for the expungement or sealing of records under

this Section, the petitioner shall file a petition

requesting the expungement or sealing of records with the

clerk of the court where the arrests occurred or the

charges were brought, or both. If arrests occurred or

charges were brought in multiple jurisdictions, a petition

must be filed in each such jurisdiction. The petitioner

shall pay the applicable fee, except no fee shall be

required if the petitioner has obtained a court order

waiving fees under Supreme Court Rule 298 or it is

otherwise waived.

(1.5) County fee waiver pilot program. In a county of

3,000,000 or more inhabitants, no fee shall be required to

be paid by a petitioner if the records sought to be

expunged or sealed were arrests resulting in release

without charging or arrests or charges not initiated by

arrest resulting in acquittal, dismissal, or conviction

when the conviction was reversed or vacated, unless

excluded by subsection (a)(3)(B). The provisions of this

paragraph (1.5), other than this sentence, are inoperative

on and after January 1, 2019.

(2) Contents of petition. The petition shall be

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

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

initiated by arrest sought to be sealed or expunged, the

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

the arresting authority, and such other information as the

court may require. During the pendency of the proceeding,

the petitioner shall promptly notify the circuit court

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

petitioner has received a certificate of eligibility for

sealing from the Prisoner Review Board under paragraph (10)

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

Corrections, the certificate shall be attached to the

petition.

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

petition proof that the petitioner has passed a test taken

within 30 days before the filing of the petition showing

the absence within his or her body of all illegal

substances as defined by the Illinois Controlled

Substances Act, the Methamphetamine Control and Community

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

is petitioning to:

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

(B) seal felony records for a violation of the

Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act,

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

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

(D) expunge felony records of a qualified

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

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

promptly serve a copy of the petition and documentation to

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

State's Attorney or prosecutor charged with the duty of

prosecuting the offense, the Department of State Police,

the arresting agency and the chief legal officer of the

unit of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition

may file an objection to the petition. All objections

shall be in writing, shall be filed with the circuit

court clerk, and shall state with specificity the basis

of the objection. Whenever a person who has been

convicted of an offense is granted a pardon by the

Governor which specifically authorizes expungement, an

objection to the petition may not be filed.

(B) Objections to a petition to expunge or seal

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

the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the

charge was brought, any judge of that circuit

designated by the Chief Judge, or in counties of less

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

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

petition to expunge or seal as set forth in this

subsection (d)(6).

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

Department of State Police, the arresting agency, or

the chief legal officer files an objection to the

petition to expunge or seal within 60 days from the

date of service of the petition, the court shall enter

an order granting or denying the petition.

(C) Notwithstanding any other provision of law,

the court shall not deny a petition for sealing under

this Section because the petitioner has not satisfied

an outstanding legal financial obligation established,

imposed, or originated by a court, law enforcement

agency, or a municipal, State, county, or other unit of

local government, including, but not limited to, any

cost, assessment, fine, or fee. An outstanding legal

financial obligation does not include any court

ordered restitution to a victim under Section 5-5-6 of

the Unified Code of Corrections, unless the

restitution has been converted to a civil judgment.

Nothing in this subparagraph (C) waives, rescinds, or

abrogates a legal financial obligation or otherwise

eliminates or affects the right of the holder of any

financial obligation to pursue collection under

applicable federal, State, or local law.

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

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

parties entitled to notice of the petition of the hearing

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

hearing, the State's Attorney shall consult with the

Department as to the appropriateness of the relief sought

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

court shall hear evidence on whether the petition should or

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

to expunge or seal the records based on the evidence

presented at the hearing. The court may consider the

following:

(A) the strength of the evidence supporting the

defendant's conviction;

(B) the reasons for retention of the conviction

records by the State;

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

and employment history;

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

arrest on the charge resulting in the conviction and

the filing of the petition under this Section; and

(E) the specific adverse consequences the

petitioner may be subject to if the petition is denied.

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

expunge or seal records, the court must provide copies of

the order to the Department, in a form and manner

prescribed by the Department, to the petitioner, to the

State's Attorney or prosecutor charged with the duty of

prosecuting the offense, to the arresting agency, to the

chief legal officer of the unit of local government

effecting the arrest, and to such other criminal justice

agencies as may be ordered by the court.

(9) Implementation of order.

(A) Upon entry of an order to expunge records

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

(i) the records shall be expunged (as defined

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

the Department, and any other agency as ordered by

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

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

reconsider the order is filed pursuant to

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

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

and

(iii) in response to an inquiry for expunged

records, the court, the Department, or the agency

receiving such inquiry, shall reply as it does in

response to inquiries when no records ever

existed.

(B) Upon entry of an order to expunge records

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

(i) the records shall be expunged (as defined

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

and any other agency as ordered by the court,

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

unless a motion to vacate, modify, or reconsider

the order is filed pursuant to paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Department within 60 days of the date of service of

the order as ordered by the court, unless a motion

to vacate, modify, or reconsider the order is filed

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

this Section;

(iv) records impounded by the Department may

be disseminated by the Department only as required

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

Attorney, and the court upon a later arrest for the

same or a similar offense or for the purpose of

sentencing for any subsequent felony, and to the

Department of Corrections upon conviction for any

offense; and

(v) in response to an inquiry for such records

from anyone not authorized by law to access such

records, the court, the Department, or the agency

receiving such inquiry shall reply as it does in

response to inquiries when no records ever

existed.

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

under subsection (e-6):

(i) the records shall be expunged (as defined

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

and any other agency as ordered by the court,

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

unless a motion to vacate, modify, or reconsider

the order is filed under paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Department within 60 days of the date of service of

the order as ordered by the court, unless a motion

to vacate, modify, or reconsider the order is filed

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

Section;

(iv) records impounded by the Department may

be disseminated by the Department only as required

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

Attorney, and the court upon a later arrest for the

same or a similar offense or for the purpose of

sentencing for any subsequent felony, and to the

Department of Corrections upon conviction for any

offense; and

(v) in response to an inquiry for these records

from anyone not authorized by law to access the

records, the court, the Department, or the agency

receiving the inquiry shall reply as it does in

response to inquiries when no records ever

existed.

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

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

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

shall seal the records (as defined in subsection

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

from anyone not authorized by law to access such

records, the court, the Department, or the agency

receiving such inquiry shall reply as it does in

response to inquiries when no records ever existed.

(D) The Department shall send written notice to the

petitioner of its compliance with each order to expunge

or seal records within 60 days of the date of service

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

reconsider is filed, within 60 days of service of the

order resolving the motion, if that order requires the

Department to expunge or seal records. In the event of

an appeal from the circuit court order, the Department

shall send written notice to the petitioner of its

compliance with an Appellate Court or Supreme Court

judgment to expunge or seal records within 60 days of

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

required while any motion to vacate, modify, or

reconsider, or any appeal or petition for

discretionary appellate review, is pending.

(E) Upon motion, the court may order that a sealed

judgment or other court record necessary to

demonstrate the amount of any legal financial

obligation due and owing be made available for the

limited purpose of collecting any legal financial

obligations owed by the petitioner that were

established, imposed, or originated in the criminal

proceeding for which those records have been sealed.

The records made available under this subparagraph (E)

shall not be entered into the official index required

to be kept by the circuit court clerk under Section 16

of the Clerks of Courts Act and shall be immediately

re-impounded upon the collection of the outstanding

financial obligations.

(F) Notwithstanding any other provision of this

Section, a circuit court clerk may access a sealed

record for the limited purpose of collecting payment

for any legal financial obligations that were

established, imposed, or originated in the criminal

proceedings for which those records have been sealed.

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

fee equivalent to the cost of processing any order to

expunge or seal records. Notwithstanding any provision of

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

clerk may charge a fee equivalent to the cost associated

with the sealing or expungement of records by the circuit

court clerk. From the total filing fee collected for the

petition to seal or expunge, the circuit court clerk shall

deposit $10 into the Circuit Court Clerk Operation and

Administrative Fund, to be used to offset the costs

incurred by the circuit court clerk in performing the

additional duties required to serve the petition to seal or

expunge on all parties. The circuit court clerk shall

collect and forward the Department of State Police portion

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

the State Police Services Fund. If the record brought under

an expungement petition was previously sealed under this

Section, the fee for the expungement petition for that same

record shall be waived.

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

expungement or sealing provisions of this Section shall

become final for purposes of appeal until 30 days after

service of the order on the petitioner and all parties

entitled to notice of the petition.

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

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

petitioner or any party entitled to notice may file a

motion to vacate, modify, or reconsider the order granting

or denying the petition to expunge or seal within 60 days

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

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

reconsider shall comply with subsection (c) of Section

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

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

motion shall be served upon the petitioner and all parties

entitled to notice of the petition.

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

under the expungement or sealing provisions of this Section

shall not be considered void because it fails to comply

with the provisions of this Section or because of any error

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

circuit court retains jurisdiction to determine whether

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

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

this subsection (d).

(14) Compliance with Order Granting Petition to Seal

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

granting a petition to seal, all parties entitled to notice

of the petition must fully comply with the terms of the

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

party is seeking relief from the order through a motion

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

appealing the order.

(15) Compliance with Order Granting Petition to

Expunge Records. While a party is seeking relief from the

order granting the petition to expunge through a motion

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

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

of that order, the parties entitled to notice of the

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

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

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

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

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

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

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

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

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

is granted a pardon by the Governor which specifically

authorizes expungement, he or she may, upon verified petition

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

convicted, any judge of the circuit designated by the Chief

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

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

order entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Department be sealed until

further order of the court upon good cause shown or as

otherwise provided herein, and the name of the defendant

obliterated from the official index requested to be kept by the

circuit court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for the

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

shall not affect any index issued by the circuit court clerk

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

Department may be disseminated by the Department only to the

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

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

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all sealed records of the Department pertaining

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

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

the person who was pardoned.

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

offense is granted a certificate of eligibility for sealing by

the Prisoner Review Board which specifically authorizes

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

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

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

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

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

entered sealing the record of arrest from the official records

of the arresting authority and order that the records of the

circuit court clerk and the Department be sealed until further

order of the court upon good cause shown or as otherwise

provided herein, and the name of the petitioner obliterated

from the official index requested to be kept by the circuit

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

connection with the arrest and conviction for the offense for

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

shall not affect any index issued by the circuit court clerk

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

Department may be disseminated by the Department only as

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

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

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

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all sealed records of the Department pertaining

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

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

the person who was granted the certificate of eligibility for

sealing.

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

offense is granted a certificate of eligibility for expungement

by the Prisoner Review Board which specifically authorizes

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

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

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

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

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

entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Department be sealed until

further order of the court upon good cause shown or as

otherwise provided herein, and the name of the petitioner

obliterated from the official index requested to be kept by the

circuit court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for the

offense for which he or she had been granted the certificate

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

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

by the Department may be disseminated by the Department only as

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

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

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

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all expunged records of the Department

pertaining to that individual. Upon entry of the order of

expungement, the circuit court clerk shall promptly mail a copy

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

eligibility for expungement.

(f) Subject to available funding, the Illinois Department

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

especially on employment and recidivism rates, utilizing a

random sample of those who apply for the sealing of their

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

Illinois Department of Corrections, records of the Illinois

Department of Employment Security shall be utilized as

appropriate to assist in the study. The study shall not

disclose any data in a manner that would allow the

identification of any particular individual or employing unit.

The study shall be made available to the General Assembly no

later than September 1, 2010.

(g) Immediate Sealing.

(1) Applicability. Notwithstanding any other provision

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

to expungement or sealing of criminal records, this

subsection authorizes the immediate sealing of criminal

records of adults and of minors prosecuted as adults.

(2) Eligible Records. Arrests or charges not initiated

by arrest resulting in acquittal or dismissal with

prejudice, except as excluded by subsection (a)(3)(B),

that occur on or after January 1, 2018 (the effective date

of Public Act 100-282), may be sealed immediately if the

petition is filed with the circuit court clerk on the same

day and during the same hearing in which the case is

disposed.

(3) When Records are Eligible to be Immediately Sealed.

Eligible records under paragraph (2) of this subsection (g)

may be sealed immediately after entry of the final

disposition of a case, notwithstanding the disposition of

other charges in the same case.

(4) Notice of Eligibility for Immediate Sealing. Upon

entry of a disposition for an eligible record under this

subsection (g), the defendant shall be informed by the

court of his or her right to have eligible records

immediately sealed and the procedure for the immediate

sealing of these records.

(5) Procedure. The following procedures apply to

immediate sealing under this subsection (g).

(A) Filing the Petition. Upon entry of the final

disposition of the case, the defendant's attorney may

immediately petition the court, on behalf of the

defendant, for immediate sealing of eligible records

under paragraph (2) of this subsection (g) that are

entered on or after January 1, 2018 (the effective date

of Public Act 100-282). The immediate sealing petition

may be filed with the circuit court clerk during the

hearing in which the final disposition of the case is

entered. If the defendant's attorney does not file the

petition for immediate sealing during the hearing, the

defendant may file a petition for sealing at any time

as authorized under subsection (c)(3)(A).

(B) Contents of Petition. The immediate sealing

petition shall be verified and shall contain the

petitioner's name, date of birth, current address, and

for each eligible record, the case number, the date of

arrest if applicable, the identity of the arresting

authority if applicable, and other information as the

court may require.

(C) Drug Test. The petitioner shall not be required

to attach proof that he or she has passed a drug test.

(D) Service of Petition. A copy of the petition

shall be served on the State's Attorney in open court.

The petitioner shall not be required to serve a copy of

the petition on any other agency.

(E) Entry of Order. The presiding trial judge shall

enter an order granting or denying the petition for

immediate sealing during the hearing in which it is

filed. Petitions for immediate sealing shall be ruled

on in the same hearing in which the final disposition

of the case is entered.

(F) Hearings. The court shall hear the petition for

immediate sealing on the same day and during the same

hearing in which the disposition is rendered.

(G) Service of Order. An order to immediately seal

eligible records shall be served in conformance with

subsection (d)(8).

(H) Implementation of Order. An order to

immediately seal records shall be implemented in

conformance with subsections (d)(9)(C) and (d)(9)(D).

(I) Fees. The fee imposed by the circuit court

clerk and the Department of State Police shall comply

with paragraph (1) of subsection (d) of this Section.

(J) Final Order. No court order issued under this

subsection (g) shall become final for purposes of

appeal until 30 days after service of the order on the

petitioner and all parties entitled to service of the

order in conformance with subsection (d)(8).

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

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

petitioner, State's Attorney, or the Department of

State Police may file a motion to vacate, modify, or

reconsider the order denying the petition to

immediately seal within 60 days of service of the

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

order, a petition to vacate, modify, or reconsider

shall comply with subsection (c) of Section 2-1401 of

the Code of Civil Procedure.

(L) Effect of Order. An order granting an immediate

sealing petition shall not be considered void because

it fails to comply with the provisions of this Section

or because of an error asserted in a motion to vacate,

modify, or reconsider. The circuit court retains

jurisdiction to determine whether the order is

voidable, and to vacate, modify, or reconsider its

terms based on a motion filed under subparagraph (L) of

this subsection (g).

(M) Compliance with Order Granting Petition to

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

order granting a petition to immediately seal, all

parties entitled to service of the order must fully

comply with the terms of the order within 60 days of

service of the order.

(h) Sealing; trafficking victims.

(1) A trafficking victim as defined by paragraph (10)

of subsection (a) of Section 10-9 of the Criminal Code of

2012 shall be eligible to petition for immediate sealing of

his or her criminal record upon the completion of his or

her last sentence if his or her participation in the

underlying offense was a direct result of human trafficking

under Section 10-9 of the Criminal Code of 2012 or a severe

form of trafficking under the federal Trafficking Victims

Protection Act.

(2) A petitioner under this subsection (h), in addition

to the requirements provided under paragraph (4) of

subsection (d) of this Section, shall include in his or her

petition a clear and concise statement that: (A) he or she

was a victim of human trafficking at the time of the

offense; and (B) that his or her participation in the

offense was a direct result of human trafficking under

Section 10-9 of the Criminal Code of 2012 or a severe form

of trafficking under the federal Trafficking Victims

Protection Act.

(3) If an objection is filed alleging that the

petitioner is not entitled to immediate sealing under this

subsection (h), the court shall conduct a hearing under

paragraph (7) of subsection (d) of this Section and the

court shall determine whether the petitioner is entitled to

immediate sealing under this subsection (h). A petitioner

is eligible for immediate relief under this subsection (h)

if he or she shows, by a preponderance of the evidence,

that: (A) he or she was a victim of human trafficking at

the time of the offense; and (B) that his or her

participation in the offense was a direct result of human

trafficking under Section 10-9 of the Criminal Code of 2012

or a severe form of trafficking under the federal

Trafficking Victims Protection Act.

(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,

eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;

99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.

1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692,

eff. 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18;

100-863, eff. 8-14-18; revised 8-30-18.)

Section 170. The State Fire Marshal Act is amended by

changing Section 2.5 as follows:

(20 ILCS 2905/2.5)

Sec. 2.5. Equipment exchange program.

(a) The Office shall create and maintain an equipment

exchange program under which fire departments, fire protection

districts, and township fire departments can donate or sell

equipment to, trade equipment with, or buy equipment from each

other.

(b) Under this program, the Office, in consultation with

the Department of Innovation and Technology, shall maintain a

website that allows fire departments, fire protection

districts, and township fire departments to post information

and photographs about needed equipment and equipment that is

available for trade, donation, or sale. This website must be

separate from, and not a part of, the Office's main website;

however, the Office must post a hyperlink on its main website

that points to the website established under this subsection

(b).

(c) The Office or a fire department, fire protection

district, or township fire department that donates, trades, or

sells fire protection equipment to another fire department,

fire protection district, or township fire department under

this Section is not liable for any damage or injury caused by

the donated, traded, or sold fire protection equipment, except

for damage or injury caused by its willful and wanton

misconduct, if it discloses in writing to the recipient at the

time of the donation, trade, or sale any known damage to or

deficiencies in the equipment.

This Section does not relieve any fire department, fire

protection district, or township fire department from

liability, unless otherwise provided by law, for any damage or

injury caused by donated, traded, or sold fire protection

equipment that was received through the equipment exchange

program.

(d) The Office must promote the program to encourage the

efficient exchange of equipment among local government

entities.

(e) The Office must implement the changes to the equipment

exchange program required under Public Act 94-175 this

amendatory Act of the 94th General Assembly no later than July

1, 2006.

(Source: P.A. 100-611, eff. 7-20-18; revised 9-27-18.)

Section 175. The Historic Preservation Act is amended by

changing Sections 3.1 and 4.5 and by adding Section 28 as

follows:

(20 ILCS 3405/3.1)

Sec. 3.1. Agency abolished; functions transferred.

(a) On August 3, 2018 (the effective date of Public Act

100-695) this amendatory Act of the 100th General Assembly, the

Historic Preservation Agency, including the Board of Trustees,

is hereby abolished and all powers, duties, rights, and

responsibilities of the Historic Preservation Agency, except

those functions relating to the Abraham Lincoln Presidential

Library and Museum, shall be transferred to the Department of

Natural Resources. The powers, duties, rights, and

responsibilities related to the functions of the Historic

Preservation Agency transferred under Public Act 100-695 this

this amendatory Act of the 100th General Assembly shall be

vested in and shall be exercised by the Department of Natural

Resources. Each act done in the exercise of those powers,

duties, rights, and responsibilities shall have the same legal

effect as if done by the Historic Preservation Agency or its

divisions, officers, or employees.

(b) The personnel and positions within the Historic

Preservation Agency shall be transferred to the Department of

Natural Resources and shall continue their service within the

Department of Natural Resources. The status and rights of those

employees under the Personnel Code shall not be affected by

Public Act 100-695 this amendatory Act of the 100th General

Assembly. The status and rights of the employees and the State

of Illinois and its agencies under the Personnel Code, the

Illinois Public Labor Relations Act, and applicable collective

bargaining agreements or under any pension, retirement, or

annuity plan, shall not be affected by Public Act 100-695 this

amendatory Act of the 100th General Assembly.

(c) All books, records, papers, documents, property (real

and personal), contracts, causes of action, and pending

business pertaining to the powers, duties, rights, and

responsibilities transferred by Public Act 100-695 this

amendatory Act of the 100th General Assembly from the Historic

Preservation Agency to the Department of Natural Resources,

including, but not limited to, material in electronic or

magnetic format and necessary computer hardware and software,

shall be transferred to the Department of Natural Resources.

(d) With respect to the functions of the Historic

Preservation Agency transferred under Public Act 100-695 this

amendatory Act of the 100th General Assembly, the Department of

Natural Resources is the successor agency to the Historic

Preservation Agency under the Successor Agency Act and Section

9b of the State Finance Act. All unexpended appropriations and

balances and other funds available for use by the Historic

Preservation Agency shall, under the direction of the Governor,

be transferred for use by the Department of Natural Resources

in accordance with Public Act 100-695 this amendatory Act of

the 100th General Assembly. Unexpended balances so transferred

shall be expended by the Department of Natural Resources only

for the purpose for which the appropriations were originally

made.

(e) The manner in which any official is appointed, except

that when any provision of an Executive Order or Act provides

for the membership of the Historic Preservation Agency on any

council, commission, board, or other entity, the Director of

Natural Resources or his or her designee shall serve in that

place; if more than one person is required by law to serve on

any council, commission, board, or other entity, then an

equivalent number of representatives of the Department of

Natural Resources shall so serve.

(f) Whenever reports or notices are required to be made or

given or papers or documents furnished or served by any person

to or upon the Historic Preservation Agency in connection with

any of the powers, duties, rights, or responsibilities

transferred by Public Act 100-695 this amendatory Act of the

100th General Assembly, the same shall be made, given,

furnished, or served in the same manner to or upon the

Department of Natural Resources.

(g) Any rules of the Historic Preservation Agency that

relate to its powers, duties, rights, and responsibilities and

are in full force on August 3, 2018 (the effective date of

Public Act 100-695) this amendatory Act of the 100th General

Assembly shall become the rules of the Department of Natural

Resources. Public Act 100-695 This amendatory Act of the 100th

General Assembly does not affect the legality of any of those

rules in the Illinois Administrative Code. Any proposed rule

filed with the Secretary of State by the Historic Preservation

Agency that is pending in the rulemaking process on August 3,

2018 (the effective date of Public Act 100-695) this amendatory

Act of the 100th General Assembly and pertain to the powers,

duties, rights, and responsibilities transferred, shall be

deemed to have been filed by the Department of Natural

Resources. As soon as practicable hereafter, the Department of

Natural Resources shall revise and clarify the rules

transferred to it under Public Act 100-695 this amendatory Act

of the 100th General Assembly to reflect the reorganization of

powers, duties, rights, and responsibilities affected by

Public Act 100-695 this amendatory Act of the 100th General

Assembly, using the procedures for recodification of rules

available under the Illinois Administrative Procedure Act,

except that existing title, part, and section numbering for the

affected rules may be retained. On and after August 3, 2018

(the effective date of Public Act 100-695) this amendatory Act

of the 100th General Assembly, the Department of Natural

Resources may propose and adopt, under the Illinois

Administrative Procedure Act, any other rules that relate to

the functions of the Historic Preservation Agency transferred

to and that will now be administered by the Department of

Natural Resources.

(h) The transfer of powers, duties, rights, and

responsibilities to the Department of Natural Resources under

Public Act 100-695 this amendatory Act of the 100th General

Assembly does not affect any person's rights, obligations, or

duties, including any civil or criminal penalties applicable,

arising out of those transferred powers, duties, rights, and

responsibilities.

(i) Public Act 100-695 This amendatory Act of the 100th

General Assembly does not affect any act done, ratified, or

canceled, or any right occurring or established, or any action

or proceeding had or commenced in an administrative, civil, or

criminal cause by the Historic Preservation Agency before

August 3, 2018 (the effective date of Public Act 100-695) this

amendatory Act of the 100th General Assembly; those actions or

proceedings may be defended, prosecuted, or continued by the

Department of Natural Resources.

(j) Public Act 100-695 This amendatory Act of the 100th

General Assembly does not contravene, and shall not be

construed to contravene, any State statute except as provided

in this Section or federal law.

(Source: P.A. 100-695, eff. 8-3-18; revised 10-2-18.)

(20 ILCS 3405/4.5)

Sec. 4.5. Division of Historic Preservation. On and after

August 3, 2018 (the effective date of Public Act 100-695) this

amendatory Act of the 100th General Assembly, the Division of

Historic Preservation of the Department of Natural Resources

Office of Land Management shall exercise all rights, powers,

and duties vested in the Historic Sites and Preservation

Division. The head of the Division shall be known as the

Division Manager of Historic Preservation. The Department of

Natural Resources may employ or retain other persons to assist

in the discharge of its functions under this Act, subject to

the Personnel Code and any other applicable Department

policies.

(Source: P.A. 100-695, eff. 8-3-18; revised 10-2-18.)

(20 ILCS 3405/28 new)

Sec. 28. Illinois Historic Sites Fund. All monies received

for historic preservation programs administered by the

Department, including grants, direct and indirect cost

reimbursements, income from marketing activities, gifts,

donations and bequests, from private organizations,

individuals, other State agencies or federal agencies, monies

received from publications, and copying and certification fees

related to such programs, and all income from fees generated

from admissions, special events, parking, camping, concession

and property rental, shall be deposited into a special fund in

the State treasury, to be known as the Illinois Historic Sites

Fund, which is hereby created. Subject to appropriation, the

monies in such fund shall be used by the Department for

historic preservation purposes only.

The Illinois Historic Sites Fund is not subject to

administrative charges or charge-backs, including but not

limited to those authorized under Section 8h of the State

Finance Act.

Section 180. The Illinois Historic Preservation Act is

amended by changing Section 1 as follows:

(20 ILCS 3410/1) (from Ch. 127, par. 133d1)

Sec. 1. This Act shall be known as the "Illinois Historic

Sites Advisory Council Preservation Act".

(Source: P.A. 79-1383.)

(20 ILCS 3410/15 rep.)

Section 185. The Illinois Historic Preservation Act is

amended by repealing Section 15.

Section 195. The Illinois Finance Authority Act is amended

by changing Sections 805-15, 830-30, 830-35, 830-55, and 845-75

as follows:

(20 ILCS 3501/805-15)

Sec. 805-15. Industrial Project Insurance Fund. There is

created the Industrial Project Insurance Fund, hereafter

referred to in Sections 805-15 through 805-50 of this Act as

the "Fund". The Treasurer shall have custody of the Fund, which

shall be held outside of the State treasury, except that

custody may be transferred to and held by any bank, trust

company or other fiduciary with whom the Authority executes a

trust agreement as authorized by paragraph (h) of Section

805-20 of this Act. Any portion of the Fund against which a

charge has been made, shall be held for the benefit of the

holders of the loans or bonds insured under Section 805-20 of

this Act or the holders of State Guarantees under Article 830

of this Act. There shall be deposited in the Fund such amounts,

including but not limited to:

(a) All receipts of bond and loan insurance premiums;

(b) All proceeds of assets of whatever nature received

by the Authority as a result of default or delinquency with

respect to insured loans or bonds or State Guarantees with

respect to which payments from the Fund have been made,

including proceeds from the sale, disposal, lease or rental

of real or personal property which the Authority may

receive under the provisions of this Article but excluding

the proceeds of insurance hereunder;

(c) All receipts from any applicable contract or

agreement entered into by the Authority under paragraph (b)

of Section 805-20 of this Act;

(d) Any State appropriations, transfers of

appropriations, or transfers of general obligation bond

proceeds or other monies made available to the Fund.

Amounts in the Fund shall be used in accordance with the

provisions of this Article to satisfy any valid insurance

claim payable therefrom and may be used for any other

purpose determined by the Authority in accordance with

insurance contract or contracts with financial

institutions entered into pursuant to this Act, including

without limitation protecting the interest of the

Authority in industrial projects during periods of loan

delinquency or upon loan default through the purchase of

industrial projects in foreclosure proceedings or in lieu

of foreclosure or through any other means. Such amounts may

also be used to pay administrative costs and expenses

reasonably allocable to the activities in connection with

the Fund and to pay taxes, maintenance, insurance, security

and any other costs and expenses of bidding for, acquiring,

owning, carrying and disposing of industrial projects or

PACE Projects, which were financed with the proceeds of

loans or insured bonds, including loans or loan

participations made under subsection subsections (i) or

(r) of Section 801-40. In the case of a default in payment

with respect to any loan, mortgage or other agreement so

insured or otherwise representing possible loss to the

Authority, the amount of the default shall immediately, and

at all times during the continuance of such default, and to

the extent provided in any applicable agreement,

constitute a charge on the Fund. Any amounts in the Fund

not currently needed to meet the obligations of the Fund

may be invested as provided by law in obligations

designated by the Authority, or used to make direct loans

or purchase loan participations under subsection

subsections (i) or (r) of Section 801-40. All income from

such investments shall become part of the Fund. All income

from direct loans or loan participations made under

subsection subsections (i) or (r) of Section 801-40 shall

become funds of the Authority. In making such investments,

the Authority shall act with the care, skill, diligence and

prudence under the circumstances of a prudent person acting

in a like capacity in the conduct of an enterprise of like

character and with like aims. It shall diversify such

investments of the Authority so as to minimize the risk of

large losses, unless under the circumstances it is clearly

not prudent to do so. Amounts in the Fund may also be used

to satisfy State Guarantees under Article 830 of this Act.

(Source: P.A. 100-919, eff. 8-17-18; revised 10-11-18.)

(20 ILCS 3501/830-30)

Sec. 830-30. State Guarantees for existing debt.

(a) The Authority is authorized to issue State Guarantees

for farmers' existing debts held by a lender. For the purposes

of this Section, a farmer shall be a resident of Illinois, who

is a principal operator of a farm or land, at least 50% of

whose annual gross income is derived from farming and whose

debt to asset ratio shall not be less than 40%, except in those

cases where the applicant has previously used the guarantee

program there shall be no debt to asset ratio or income

restriction. For the purposes of this Section, debt to asset

ratio shall mean the current outstanding liabilities of the

farmer divided by the current outstanding assets of the farmer.

The Authority shall establish the maximum permissible debt to

asset ratio based on criteria established by the Authority.

Lenders shall apply for the State Guarantees on forms provided

by the Authority and certify that the application and any other

documents submitted are true and correct. The lender or

borrower, or both in combination, shall pay an administrative

fee as determined by the Authority. The applicant shall be

responsible for paying any fees or charges involved in

recording mortgages, releases, financing statements, insurance

for secondary market issues and any other similar fees or

charges as the Authority may require. The application shall at

a minimum contain the farmer's name, address, present credit

and financial information, including cash flow statements,

financial statements, balance sheets, and any other

information pertinent to the application, and the collateral to

be used to secure the State Guarantee. In addition, the lender

must agree to bring the farmer's debt to a current status at

the time the State Guarantee is provided and must also agree to

charge a fixed or adjustable interest rate which the Authority

determines to be below the market rate of interest generally

available to the borrower. If both the lender and applicant

agree, the interest rate on the State Guarantee Loan can be

converted to a fixed interest rate at any time during the term

of the loan. Any State Guarantees provided under this Section

(i) shall not exceed $500,000 per farmer, (ii) shall be set up

on a payment schedule not to exceed 30 years, and shall be no

longer than 30 years in duration, and (iii) shall be subject to

an annual review and renewal by the lender and the Authority;

provided that only one such State Guarantee shall be

outstanding per farmer at any one time. No State Guarantee

shall be revoked by the Authority without a 90-day notice, in

writing, to all parties. In those cases where the borrower has

not previously used the guarantee program, the lender shall not

call due any loan during the first 3 years for any reason

except for lack of performance or insufficient collateral. The

lender can review and withdraw or continue with the State

Guarantee on an annual basis after the first 3 years of the

loan, provided a 90-day notice, in writing, to all parties has

been given.

(b) The Authority shall provide or renew a State Guarantee

to a lender if:

(i) A fee equal to 25 basis points on the loan is paid

to the Authority on an annual basis by the lender.

(ii) The application provides collateral acceptable to

the Authority that is at least equal to the State's portion

of the Guarantee to be provided.

(iii) The lender assumes all responsibility and costs

for pursuing legal action on collecting any loan that is

delinquent or in default.

(iv) The lender is responsible for the first 15% of the

outstanding principal of the note for which the State

Guarantee has been applied.

(c) There is hereby created outside of the State treasury a

special fund to be known as the Illinois Agricultural Loan

Guarantee Fund. The State Treasurer shall be custodian of this

Fund. Any amounts in the Illinois Agricultural Loan Guarantee

Fund not currently needed to meet the obligations of the Fund

shall be invested as provided by law or used by the Authority

to make direct loans or originate or purchase loan

participations under subsection subsections (i) or (r) of

Section 801-40. All interest earned from these investments

shall be deposited into the Fund until the Fund reaches the

maximum amount authorized in this Act; thereafter, interest

earned shall be deposited into the General Revenue Fund. After

September 1, 1989, annual investment earnings equal to 1.5% of

the Fund shall remain in the Fund to be used for the purposes

established in Section 830-40 of this Act. All earnings on

direct loans or loan participations made by the Authority under

subsection subsections (i) or (r) of Section 801-40 with

amounts in this Fund shall become funds of the Authority. The

Authority is authorized to transfer to the Fund such amounts as

are necessary to satisfy claims during the duration of the

State Guarantee program to secure State Guarantees issued under

this Section, provided that amounts to be paid from the

Industrial Project Insurance Fund created under Article 805 of

this Act may be paid by the Authority directly to satisfy

claims and need not be deposited first into the Illinois

Agricultural Loan Guarantee Fund. If for any reason the General

Assembly fails to make an appropriation sufficient to meet

these obligations, this Act shall constitute an irrevocable and

continuing appropriation of an amount necessary to secure

guarantees as defaults occur and the irrevocable and continuing

authority for, and direction to, the State Treasurer and the

Comptroller to make the necessary transfers to the Illinois

Agricultural Loan Guarantee Fund, as directed by the Governor,

out of the General Revenue Fund. Within 30 days after November

15, 1985, the Authority may transfer up to $7,000,000 from

available appropriations into the Illinois Agricultural Loan

Guarantee Fund for the purposes of this Act. Thereafter, the

Authority may transfer additional amounts into the Illinois

Agricultural Loan Guarantee Fund to secure guarantees for

defaults as defaults occur. In the event of default by the

farmer, the lender shall be entitled to, and the Authority

shall direct payment on, the State Guarantee after 90 days of

delinquency. All payments by the Authority to satisfy claims

against the State Guarantee shall be made, in whole or in part,

from any of the following funds in such order and in such

amounts as the Authority shall determine: (1) the Industrial

Project Insurance Fund created under Article 805 of this Act

(if the Authority exercises its discretion under subsection (j)

of Section 805-20); (2) the Illinois Agricultural Loan

Guarantee Fund; or (3) the Illinois Farmer and Agribusiness

Loan Guarantee Fund. The Illinois Agricultural Loan Guarantee

Fund shall guarantee receipt of payment of the 85% of the

principal and interest owed on the State Guarantee Loan by the

farmer to the guarantee holder, provided that payments by the

Authority to satisfy claims against the State Guarantee shall

be made in accordance with the preceding sentence. It shall be

the responsibility of the lender to proceed with the collecting

and disposing of collateral on the State Guarantee under this

Section, Section 830-35, Section 830-45, Section 830-50,

Section 830-55, or Article 835 within 14 months of the time the

State Guarantee is declared delinquent; provided, however,

that the lender shall not collect or dispose of collateral on

the State Guarantee without the express written prior approval

of the Authority. If the lender does not dispose of the

collateral within 14 months, the lender shall be liable to

repay to the State interest on the State Guarantee equal to the

same rate which the lender charges on the State Guarantee;

provided, however, that the Authority may extend the 14-month

period for a lender in the case of bankruptcy or extenuating

circumstances. The Fund from which a payment is made shall be

reimbursed for any amounts paid from that Fund under this

Section, Section 830-35, Section 830-45, Section 830-50,

Section 830-55, or Article 835 upon liquidation of the

collateral. The Authority, by resolution of the Board, may

borrow sums from the Fund and provide for repayment as soon as

may be practical upon receipt of payments of principal and

interest by a farmer. Money may be borrowed from the Fund by

the Authority for the sole purpose of paying certain interest

costs for farmers associated with selling a loan subject to a

State Guarantee in a secondary market as may be deemed

reasonable and necessary by the Authority.

(d) Notwithstanding the provisions of this Section 830-30

with respect to the farmers and lenders who may obtain State

Guarantees, the Authority may promulgate rules establishing

the eligibility of farmers and lenders to participate in the

State guarantee program and the terms, standards, and

procedures that will apply, when the Authority finds that

emergency conditions in Illinois agriculture have created the

need for State Guarantees pursuant to terms, standards, and

procedures other than those specified in this Section.

(Source: P.A. 99-509, eff. 6-24-16; 100-919, eff. 8-17-18;

revised 10-11-18.)

(20 ILCS 3501/830-35)

Sec. 830-35. State Guarantees for loans to farmers and

agribusiness; eligibility.

(a) The Authority is authorized to issue State Guarantees

to lenders for loans to eligible farmers and agribusinesses for

purposes set forth in this Section. For purposes of this

Section, an eligible farmer shall be a resident of Illinois (i)

who is principal operator of a farm or land, at least 50% of

whose annual gross income is derived from farming, (ii) whose

annual total sales of agricultural products, commodities, or

livestock exceeds $20,000, and (iii) whose net worth does not

exceed $500,000. An eligible agribusiness shall be that as

defined in Section 801-10 of this Act. The Authority may

approve applications by farmers and agribusinesses that

promote diversification of the farm economy of this State

through the growth and development of new crops or livestock

not customarily grown or produced in this State or that

emphasize a vertical integration of grain or livestock produced

or raised in this State into a finished agricultural product

for consumption or use. "New crops or livestock not customarily

grown or produced in this State" shall not include corn,

soybeans, wheat, swine, or beef or dairy cattle. "Vertical

integration of grain or livestock produced or raised in this

State" shall include any new or existing grain or livestock

grown or produced in this State. Lenders shall apply for the

State Guarantees on forms provided by the Authority, certify

that the application and any other documents submitted are true

and correct, and pay an administrative fee as determined by the

Authority. The applicant shall be responsible for paying any

fees or charges involved in recording mortgages, releases,

financing statements, insurance for secondary market issues

and any other similar fees or charges as the Authority may

require. The application shall at a minimum contain the

farmer's or agribusiness' name, address, present credit and

financial information, including cash flow statements,

financial statements, balance sheets, and any other

information pertinent to the application, and the collateral to

be used to secure the State Guarantee. In addition, the lender

must agree to charge an interest rate, which may vary, on the

loan that the Authority determines to be below the market rate

of interest generally available to the borrower. If both the

lender and applicant agree, the interest rate on the State

Guarantee Loan can be converted to a fixed interest rate at any

time during the term of the loan. Any State Guarantees provided

under this Section (i) shall not exceed $500,000 per farmer or

an amount as determined by the Authority on a case-by-case

basis for an agribusiness, (ii) shall not exceed a term of 15

years, and (iii) shall be subject to an annual review and

renewal by the lender and the Authority; provided that only one

such State Guarantee shall be made per farmer or agribusiness,

except that additional State Guarantees may be made for

purposes of expansion of projects financed in part by a

previously issued State Guarantee. No State Guarantee shall be

revoked by the Authority without a 90-day notice, in writing,

to all parties. The lender shall not call due any loan for any

reason except for lack of performance, insufficient

collateral, or maturity. A lender may review and withdraw or

continue with a State Guarantee on an annual basis after the

first 5 years following closing of the loan application if the

loan contract provides for an interest rate that shall not

vary. A lender shall not withdraw a State Guarantee if the loan

contract provides for an interest rate that may vary, except

for reasons set forth herein.

(b) The Authority shall provide or renew a State Guarantee

to a lender if:

(i) A fee equal to 25 basis points on the loan is paid

to the Authority on an annual basis by the lender.

(ii) The application provides collateral acceptable to

the Authority that is at least equal to the State's portion

of the Guarantee to be provided.

(iii) The lender assumes all responsibility and costs

for pursuing legal action on collecting any loan that is

delinquent or in default.

(iv) The lender is responsible for the first 15% of the

outstanding principal of the note for which the State

Guarantee has been applied.

(c) There is hereby created outside of the State treasury a

special fund to be known as the Illinois Farmer and

Agribusiness Loan Guarantee Fund. The State Treasurer shall be

custodian of this Fund. Any amounts in the Fund not currently

needed to meet the obligations of the Fund shall be invested as

provided by law, or used by the Authority to make direct loans

or originate or purchase loan participations under subsection

subsections (i) or (r) of Section 801-40. All interest earned

from these investments shall be deposited into the Fund until

the Fund reaches the maximum amounts authorized in this Act;

thereafter, interest earned shall be deposited into the General

Revenue Fund. After September 1, 1989, annual investment

earnings equal to 1.5% of the Fund shall remain in the Fund to

be used for the purposes established in Section 830-40 of this

Act. All earnings on direct loans or loan participations made

by the Authority under subsection subsections (i) or (r) of

Section 801-40 with amounts in this Fund shall become funds of

the Authority. The Authority is authorized to transfer such

amounts as are necessary to satisfy claims from available

appropriations and from fund balances of the Farm Emergency

Assistance Fund as of June 30 of each year to the Illinois

Farmer and Agribusiness Loan Guarantee Fund to secure State

Guarantees issued under this Section, Sections 830-30, 830-45,

830-50, and 830-55, and Article 835 of this Act. Amounts to be

paid from the Industrial Project Insurance Fund created under

Article 805 of this Act may be paid by the Authority directly

to satisfy claims and need not be deposited first into the

Illinois Farmer and Agribusiness Loan Guarantee Fund. If for

any reason the General Assembly fails to make an appropriation

sufficient to meet these obligations, this Act shall constitute

an irrevocable and continuing appropriation of an amount

necessary to secure guarantees as defaults occur and the

irrevocable and continuing authority for, and direction to, the

State Treasurer and the Comptroller to make the necessary

transfers to the Illinois Farmer and Agribusiness Loan

Guarantee Fund, as directed by the Governor, out of the General

Revenue Fund. In the event of default by the borrower on State

Guarantee Loans under this Section, Section 830-45, Section

830-50, or Section 830-55, the lender shall be entitled to, and

the Authority shall direct payment on, the State Guarantee

after 90 days of delinquency. All payments by the Authority to

satisfy claims against the State Guarantee shall be made, in

whole or in part, from any of the following funds in such order

and in such amounts as the Authority shall determine: (1) the

Industrial Project Insurance Fund created under Article 805 of

this Act (if the Authority exercises its discretion under

subsection (j) of Section 805-20); (2) the Illinois Farmer and

Agribusiness Loan Guarantee Fund; or (3) the Illinois Farmer

and Agribusiness Loan Guarantee Fund. It shall be the

responsibility of the lender to proceed with the collecting and

disposing of collateral on the State Guarantee under this

Section, Section 830-45, Section 830-50, or Section 830-55

within 14 months of the time the State Guarantee is declared

delinquent. If the lender does not dispose of the collateral

within 14 months, the lender shall be liable to repay to the

State interest on the State Guarantee equal to the same rate

that the lender charges on the State Guarantee, provided that

the Authority shall have the authority to extend the 14-month

period for a lender in the case of bankruptcy or extenuating

circumstances. The Fund shall be reimbursed for any amounts

paid under this Section, Section 830-30, Section 830-45,

Section 830-50, Section 830-55, or Article 835 upon liquidation

of the collateral. The Authority, by resolution of the Board,

may borrow sums from the Fund and provide for repayment as soon

as may be practical upon receipt of payments of principal and

interest by a borrower on State Guarantee Loans under this

Section, Section 830-30, Section 830-45, Section 830-50,

Section 830-55, or Article 835. Money may be borrowed from the

Fund by the Authority for the sole purpose of paying certain

interest costs for borrowers associated with selling a loan

subject to a State Guarantee under this Section, Section

830-30, Section 830-45, Section 830-50, Section 830-55, or

Article 835 in a secondary market as may be deemed reasonable

and necessary by the Authority.

(d) Notwithstanding the provisions of this Section 830-35

with respect to the farmers, agribusinesses, and lenders who

may obtain State Guarantees, the Authority may promulgate rules

establishing the eligibility of farmers, agribusinesses, and

lenders to participate in the State Guarantee program and the

terms, standards, and procedures that will apply, when the

Authority finds that emergency conditions in Illinois

agriculture have created the need for State Guarantees pursuant

to terms, standards, and procedures other than those specified

in this Section.

(Source: P.A. 99-509, eff. 6-24-16; 100-919, eff. 8-17-18;

revised 10-11-18.)

(20 ILCS 3501/830-55)

Sec. 830-55. Working Capital Loan Guarantee Program.

(a) The Authority is authorized to issue State Guarantees

to lenders for loans to finance needed input costs related to

and in connection with planting and raising agricultural crops

and commodities in Illinois. Eligible input costs include, but

are not limited to, fertilizer, chemicals, feed, seed, fuel,

parts, and repairs. At the discretion of the Authority, the

farmer, producer, or agribusiness must be able to provide the

originating lender with a first lien on the proposed crop or

commodity to be raised and an assignment of Federal Crop

Insurance sufficient to secure the Working Capital Loan.

Additional collateral may be required as deemed necessary by

the lender and the Authority.

For the purposes of this Section, an eligible farmer,

producer, or agribusiness is a resident of Illinois who is at

least 18 years of age and who is a principal operator of a farm

or land, who derives at least 50% of annual gross income from

farming, and whose debt to asset ratio is not less than 40%.

For the purposes of this Section, debt to asset ratio means

current outstanding liabilities, including any debt to be

financed or refinanced under this Section 830-55, divided by

current outstanding assets. The Authority shall establish the

maximum permissible debt to asset ratio based on criteria

established by the Authority. Lenders shall apply for the State

Guarantees on forms provided by the Authority and certify that

the application and any other documents submitted are true and

correct. The lender or borrower, or both in combination, shall

pay an administrative fee as determined by the Authority. The

applicant shall be responsible for paying any fee or charge

involved in recording mortgages, releases, financing

statements, insurance for secondary market issues, and any

other similar fee or charge that the Authority may require. The

application shall at a minimum contain the borrower's name,

address, present credit and financial information, including

cash flow statements, financial statements, balance sheets,

and any other information pertinent to the application, and the

collateral to be used to secure the State Guarantee. In

addition, the borrower must certify to the Authority that, at

the time the State Guarantee is provided, the borrower will not

be delinquent in the repayment of any debt. The lender must

agree to charge a fixed or adjustable interest rate that the

Authority determines to be below the market rate of interest

generally available to the borrower. If both the lender and

applicant agree, the interest rate on the State guaranteed loan

can be converted to a fixed interest rate at any time during

the term of the loan. State Guarantees provided under this

Section (i) shall not exceed $250,000 per borrower, (ii) shall

be repaid annually, and (iii) shall be subject to an annual

review and renewal by the lender and the Authority. The State

Guarantee may be renewed annually, for a period not to exceed 3

total years per State Guarantee, if the borrower meets

financial criteria and other conditions, as established by the

Authority. A farmer or agribusiness may use this program more

than once provided the aggregate principal amount of State

Guarantees under this Section to that farmer or agribusiness

does not exceed $250,000 annually. No State Guarantee shall be

revoked by the Authority without a 90-day notice, in writing,

to all parties.

(b) The Authority shall provide a State Guarantee to a

lender if:

(i) The borrower pays to the Authority a fee equal to

100 basis points on the loan.

(ii) The application provides collateral acceptable to

the Authority that is at least equal to the State

Guarantee.

(iii) The lender assumes all responsibility and costs

for pursuing legal action on collecting any loan that is

delinquent or in default.

(iv) The lender is at risk for the first 15% of the

outstanding principal of the note for which the State

Guarantee is provided.

(c) The Illinois Agricultural Loan Guarantee Fund, the

Illinois Farmer and Agribusiness Loan Guarantee Fund, and the

Industrial Project Insurance Fund may be used to secure State

Guarantees issued under this Section as provided in Section

830-30, Section 830-35, and subsection (j) of Section 805-20,

respectively, or to make direct loans or purchase loan

participations under subsection subsections (i) or (r) of

Section 801-40. If the Authority exercises its discretion under

subsection (j) of Section 805-20 to secure a State Guarantee

with the Industrial Project Insurance Fund and also exercises

its discretion under this subsection to secure the same State

Guarantee with the Illinois Agricultural Loan Guarantee Fund,

the Illinois Farmer and Agribusiness Loan Guarantee Fund, or

both, all payments by the Authority to satisfy claims against

the State Guarantee shall be made from the Industrial Project

Insurance Fund, the Illinois Agricultural Loan Guarantee Fund,

or the Illinois Farmer and Agribusiness Loan Guarantee Fund, as

applicable, in such order and in such amounts as the Authority

shall determine.

(d) Notwithstanding the provisions of this Section 830-55

with respect to the borrowers and lenders who may obtain State

Guarantees, the Authority may promulgate rules establishing

the eligibility of borrowers and lenders to participate in the

State Guarantee program and the terms, standards, and

procedures that will apply, when the Authority finds that

emergency conditions in Illinois agriculture have created the

need for State Guarantees pursuant to terms, standards, and

procedures other than those specified in this Section.

(Source: P.A. 99-509, eff. 6-24-16; 100-919, eff. 8-17-18;

revised 10-11-18.)

(20 ILCS 3501/845-75)

Sec. 845-75. Transfer of functions from previously

existing authorities to the Illinois Finance Authority.

(a) The Illinois Finance Authority created by the Illinois

Finance Authority Act shall succeed to, assume and exercise all

rights, powers, duties and responsibilities formerly exercised

by the following Authorities and entities (herein called the

"Predecessor Authorities") prior to the abolition of the

Predecessor Authorities by this Act:

The Illinois Development Finance Authority

The Illinois Farm Development Authority

The Illinois Health Facilities Authority

The Illinois Educational Facilities Authority

The Illinois Community Development Finance Corporation

The Illinois Rural Bond Bank

The Illinois Research Park Authority

(b) All books, records, papers, documents and pending

business in any way pertaining to the Predecessor Authorities

are transferred to the Illinois Finance Authority, but any

rights or obligations of any person under any contract made by,

or under any rules, regulations, uniform standards, criteria

and guidelines established or approved by, such Predecessor

Authorities shall be unaffected thereby. All bonds, notes or

other evidences of indebtedness outstanding on the effective

date of this Act shall be unaffected by the transfer of

functions to the Illinois Finance Authority. No rule,

regulation, standard, criteria or guideline promulgated,

established or approved by the Predecessor Authorities

pursuant to an exercise of any right, power, duty or

responsibility assumed by and transferred to the Illinois

Finance Authority shall be affected by this Act, and all such

rules, regulations, standards, criteria and guidelines shall

become those of the Illinois Finance Authority until such time

as they are amended or repealed by the Illinois Finance

Authority.

(c) The Illinois Finance Authority may exercise all of the

rights, powers, duties, and responsibilities that were

provided for the Illinois Research Park Authority under the

provisions of the Illinois Research Park Authority Act, as the

text of that Act existed on December 31, 2003, notwithstanding

the fact that Public Act 88-669, which created the Illinois

Research Park Authority Act, has been held to be

unconstitutional as a violation of the single subject clause of

the Illinois Constitution in People v. Olender, Docket No.

98932, opinion filed December 15, 2005.

(d) The enactment of Public Act 100-919 this amendatory Act

of the 100th General Assembly shall not affect any right

accrued or liability incurred prior to its enactment, including

the validity or enforceability of any prior action taken by the

Illinois Finance Authority with respect to loans made, or loan

participations purchased, by the Authority under subsection

subsections (i) or (r) of Section 801-40.

(Source: P.A. 100-919, eff. 8-17-18; revised 10-11-18.)

Section 200. The Illinois Power Agency Act is amended by

changing Section 1-75 as follows:

(20 ILCS 3855/1-75)

Sec. 1-75. Planning and Procurement Bureau. The Planning

and Procurement Bureau has the following duties and

responsibilities:

(a) The Planning and Procurement Bureau shall each year,

beginning in 2008, develop procurement plans and conduct

competitive procurement processes in accordance with the

requirements of Section 16-111.5 of the Public Utilities Act

for the eligible retail customers of electric utilities that on

December 31, 2005 provided electric service to at least 100,000

customers in Illinois. Beginning with the delivery year

commencing on June 1, 2017, the Planning and Procurement Bureau

shall develop plans and processes for the procurement of zero

emission credits from zero emission facilities in accordance

with the requirements of subsection (d-5) of this Section. The

Planning and Procurement Bureau shall also develop procurement

plans and conduct competitive procurement processes in

accordance with the requirements of Section 16-111.5 of the

Public Utilities Act for the eligible retail customers of small

multi-jurisdictional electric utilities that (i) on December

31, 2005 served less than 100,000 customers in Illinois and

(ii) request a procurement plan for their Illinois

jurisdictional load. This Section shall not apply to a small

multi-jurisdictional utility until such time as a small

multi-jurisdictional utility requests the Agency to prepare a

procurement plan for their Illinois jurisdictional load. For

the purposes of this Section, the term "eligible retail

customers" has the same definition as found in Section

16-111.5(a) of the Public Utilities Act.

Beginning with the plan or plans to be implemented in the

2017 delivery year, the Agency shall no longer include the

procurement of renewable energy resources in the annual

procurement plans required by this subsection (a), except as

provided in subsection (q) of Section 16-111.5 of the Public

Utilities Act, and shall instead develop a long-term renewable

resources procurement plan in accordance with subsection (c) of

this Section and Section 16-111.5 of the Public Utilities Act.

(1) The Agency shall each year, beginning in 2008, as

needed, issue a request for qualifications for experts or

expert consulting firms to develop the procurement plans in

accordance with Section 16-111.5 of the Public Utilities

Act. In order to qualify an expert or expert consulting

firm must have:

(A) direct previous experience assembling

large-scale power supply plans or portfolios for

end-use customers;

(B) an advanced degree in economics, mathematics,

engineering, risk management, or a related area of

study;

(C) 10 years of experience in the electricity

sector, including managing supply risk;

(D) expertise in wholesale electricity market

rules, including those established by the Federal

Energy Regulatory Commission and regional transmission

organizations;

(E) expertise in credit protocols and familiarity

with contract protocols;

(F) adequate resources to perform and fulfill the

required functions and responsibilities; and

(G) the absence of a conflict of interest and

inappropriate bias for or against potential bidders or

the affected electric utilities.

(2) The Agency shall each year, as needed, issue a

request for qualifications for a procurement administrator

to conduct the competitive procurement processes in

accordance with Section 16-111.5 of the Public Utilities

Act. In order to qualify an expert or expert consulting

firm must have:

(A) direct previous experience administering a

large-scale competitive procurement process;

(B) an advanced degree in economics, mathematics,

engineering, or a related area of study;

(C) 10 years of experience in the electricity

sector, including risk management experience;

(D) expertise in wholesale electricity market

rules, including those established by the Federal

Energy Regulatory Commission and regional transmission

organizations;

(E) expertise in credit and contract protocols;

(F) adequate resources to perform and fulfill the

required functions and responsibilities; and

(G) the absence of a conflict of interest and

inappropriate bias for or against potential bidders or

the affected electric utilities.

(3) The Agency shall provide affected utilities and

other interested parties with the lists of qualified

experts or expert consulting firms identified through the

request for qualifications processes that are under

consideration to develop the procurement plans and to serve

as the procurement administrator. The Agency shall also

provide each qualified expert's or expert consulting

firm's response to the request for qualifications. All

information provided under this subparagraph shall also be

provided to the Commission. The Agency may provide by rule

for fees associated with supplying the information to

utilities and other interested parties. These parties

shall, within 5 business days, notify the Agency in writing

if they object to any experts or expert consulting firms on

the lists. Objections shall be based on:

(A) failure to satisfy qualification criteria;

(B) identification of a conflict of interest; or

(C) evidence of inappropriate bias for or against

potential bidders or the affected utilities.

The Agency shall remove experts or expert consulting

firms from the lists within 10 days if there is a

reasonable basis for an objection and provide the updated

lists to the affected utilities and other interested

parties. If the Agency fails to remove an expert or expert

consulting firm from a list, an objecting party may seek

review by the Commission within 5 days thereafter by filing

a petition, and the Commission shall render a ruling on the

petition within 10 days. There is no right of appeal of the

Commission's ruling.

(4) The Agency shall issue requests for proposals to

the qualified experts or expert consulting firms to develop

a procurement plan for the affected utilities and to serve

as procurement administrator.

(5) The Agency shall select an expert or expert

consulting firm to develop procurement plans based on the

proposals submitted and shall award contracts of up to 5

years to those selected.

(6) The Agency shall select an expert or expert

consulting firm, with approval of the Commission, to serve

as procurement administrator based on the proposals

submitted. If the Commission rejects, within 5 days, the

Agency's selection, the Agency shall submit another

recommendation within 3 days based on the proposals

submitted. The Agency shall award a 5-year contract to the

expert or expert consulting firm so selected with

Commission approval.

(b) The experts or expert consulting firms retained by the

Agency shall, as appropriate, prepare procurement plans, and

conduct a competitive procurement process as prescribed in

Section 16-111.5 of the Public Utilities Act, to ensure

adequate, reliable, affordable, efficient, and environmentally

sustainable electric service at the lowest total cost over

time, taking into account any benefits of price stability, for

eligible retail customers of electric utilities that on

December 31, 2005 provided electric service to at least 100,000

customers in the State of Illinois, and for eligible Illinois

retail customers of small multi-jurisdictional electric

utilities that (i) on December 31, 2005 served less than

100,000 customers in Illinois and (ii) request a procurement

plan for their Illinois jurisdictional load.

(c) Renewable portfolio standard.

(1)(A) The Agency shall develop a long-term renewable

resources procurement plan that shall include procurement

programs and competitive procurement events necessary to

meet the goals set forth in this subsection (c). The

initial long-term renewable resources procurement plan

shall be released for comment no later than 160 days after

June 1, 2017 (the effective date of Public Act 99-906). The

Agency shall review, and may revise on an expedited basis,

the long-term renewable resources procurement plan at

least every 2 years, which shall be conducted in

conjunction with the procurement plan under Section

16-111.5 of the Public Utilities Act to the extent

practicable to minimize administrative expense. The

long-term renewable resources procurement plans shall be

subject to review and approval by the Commission under

Section 16-111.5 of the Public Utilities Act.

(B) Subject to subparagraph (F) of this paragraph (1),

the long-term renewable resources procurement plan shall

include the goals for procurement of renewable energy

credits to meet at least the following overall percentages:

13% by the 2017 delivery year; increasing by at least 1.5%

each delivery year thereafter to at least 25% by the 2025

delivery year; and continuing at no less than 25% for each

delivery year thereafter. In the event of a conflict

between these goals and the new wind and new photovoltaic

procurement requirements described in items (i) through

(iii) of subparagraph (C) of this paragraph (1), the

long-term plan shall prioritize compliance with the new

wind and new photovoltaic procurement requirements

described in items (i) through (iii) of subparagraph (C) of

this paragraph (1) over the annual percentage targets

described in this subparagraph (B).

For the delivery year beginning June 1, 2017, the

procurement plan shall include cost-effective renewable

energy resources equal to at least 13% of each utility's

load for eligible retail customers and 13% of the

applicable portion of each utility's load for retail

customers who are not eligible retail customers, which

applicable portion shall equal 50% of the utility's load

for retail customers who are not eligible retail customers

on February 28, 2017.

For the delivery year beginning June 1, 2018, the

procurement plan shall include cost-effective renewable

energy resources equal to at least 14.5% of each utility's

load for eligible retail customers and 14.5% of the

applicable portion of each utility's load for retail

customers who are not eligible retail customers, which

applicable portion shall equal 75% of the utility's load

for retail customers who are not eligible retail customers

on February 28, 2017.

For the delivery year beginning June 1, 2019, and for

each year thereafter, the procurement plans shall include

cost-effective renewable energy resources equal to a

minimum percentage of each utility's load for all retail

customers as follows: 16% by June 1, 2019; increasing by

1.5% each year thereafter to 25% by June 1, 2025; and 25%

by June 1, 2026 and each year thereafter.

For each delivery year, the Agency shall first

recognize each utility's obligations for that delivery

year under existing contracts. Any renewable energy

credits under existing contracts, including renewable

energy credits as part of renewable energy resources, shall

be used to meet the goals set forth in this subsection (c)

for the delivery year.

(C) Of the renewable energy credits procured under this

subsection (c), at least 75% shall come from wind and

photovoltaic projects. The long-term renewable resources

procurement plan described in subparagraph (A) of this

paragraph (1) shall include the procurement of renewable

energy credits in amounts equal to at least the following:

(i) By the end of the 2020 delivery year:

At least 2,000,000 renewable energy credits

for each delivery year shall come from new wind

projects; and

At least 2,000,000 renewable energy credits

for each delivery year shall come from new

photovoltaic projects; of that amount, to the

extent possible, the Agency shall procure: at

least 50% from solar photovoltaic projects using

the program outlined in subparagraph (K) of this

paragraph (1) from distributed renewable energy

generation devices or community renewable

generation projects; at least 40% from

utility-scale solar projects; at least 2% from

brownfield site photovoltaic projects that are not

community renewable generation projects; and the

remainder shall be determined through the

long-term planning process described in

subparagraph (A) of this paragraph (1).

(ii) By the end of the 2025 delivery year:

At least 3,000,000 renewable energy credits

for each delivery year shall come from new wind

projects; and

At least 3,000,000 renewable energy credits

for each delivery year shall come from new

photovoltaic projects; of that amount, to the

extent possible, the Agency shall procure: at

least 50% from solar photovoltaic projects using

the program outlined in subparagraph (K) of this

paragraph (1) from distributed renewable energy

devices or community renewable generation

projects; at least 40% from utility-scale solar

projects; at least 2% from brownfield site

photovoltaic projects that are not community

renewable generation projects; and the remainder

shall be determined through the long-term planning

process described in subparagraph (A) of this

paragraph (1).

(iii) By the end of the 2030 delivery year:

At least 4,000,000 renewable energy credits

for each delivery year shall come from new wind

projects; and

At least 4,000,000 renewable energy credits

for each delivery year shall come from new

photovoltaic projects; of that amount, to the

extent possible, the Agency shall procure: at

least 50% from solar photovoltaic projects using

the program outlined in subparagraph (K) of this

paragraph (1) from distributed renewable energy

devices or community renewable generation

projects; at least 40% from utility-scale solar

projects; at least 2% from brownfield site

photovoltaic projects that are not community

renewable generation projects; and the remainder

shall be determined through the long-term planning

process described in subparagraph (A) of this

paragraph (1).

For purposes of this Section:

"New wind projects" means wind renewable

energy facilities that are energized after June 1,

2017 for the delivery year commencing June 1, 2017

or within 3 years after the date the Commission

approves contracts for subsequent delivery years.

"New photovoltaic projects" means photovoltaic

renewable energy facilities that are energized

after June 1, 2017. Photovoltaic projects

developed under Section 1-56 of this Act shall not

apply towards the new photovoltaic project

requirements in this subparagraph (C).

(D) Renewable energy credits shall be cost effective.

For purposes of this subsection (c), "cost effective" means

that the costs of procuring renewable energy resources do

not cause the limit stated in subparagraph (E) of this

paragraph (1) to be exceeded and, for renewable energy

credits procured through a competitive procurement event,

do not exceed benchmarks based on market prices for like

products in the region. For purposes of this subsection

(c), "like products" means contracts for renewable energy

credits from the same or substantially similar technology,

same or substantially similar vintage (new or existing),

the same or substantially similar quantity, and the same or

substantially similar contract length and structure.

Benchmarks shall be developed by the procurement

administrator, in consultation with the Commission staff,

Agency staff, and the procurement monitor and shall be

subject to Commission review and approval. If price

benchmarks for like products in the region are not

available, the procurement administrator shall establish

price benchmarks based on publicly available data on

regional technology costs and expected current and future

regional energy prices. The benchmarks in this Section

shall not be used to curtail or otherwise reduce

contractual obligations entered into by or through the

Agency prior to June 1, 2017 (the effective date of Public

Act 99-906).

(E) For purposes of this subsection (c), the required

procurement of cost-effective renewable energy resources

for a particular year commencing prior to June 1, 2017

shall be measured as a percentage of the actual amount of

electricity (megawatt-hours) supplied by the electric

utility to eligible retail customers in the delivery year

ending immediately prior to the procurement, and, for

delivery years commencing on and after June 1, 2017, the

required procurement of cost-effective renewable energy

resources for a particular year shall be measured as a

percentage of the actual amount of electricity

(megawatt-hours) delivered by the electric utility in the

delivery year ending immediately prior to the procurement,

to all retail customers in its service territory. For

purposes of this subsection (c), the amount paid per

kilowatthour means the total amount paid for electric

service expressed on a per kilowatthour basis. For purposes

of this subsection (c), the total amount paid for electric

service includes without limitation amounts paid for

supply, transmission, distribution, surcharges, and add-on

taxes.

Notwithstanding the requirements of this subsection

(c), the total of renewable energy resources procured under

the procurement plan for any single year shall be subject

to the limitations of this subparagraph (E). Such

procurement shall be reduced for all retail customers based

on the amount necessary to limit the annual estimated

average net increase due to the costs of these resources

included in the amounts paid by eligible retail customers

in connection with electric service to no more than the

greater of 2.015% of the amount paid per kilowatthour by

those customers during the year ending May 31, 2007 or the

incremental amount per kilowatthour paid for these

resources in 2011. To arrive at a maximum dollar amount of

renewable energy resources to be procured for the

particular delivery year, the resulting per kilowatthour

amount shall be applied to the actual amount of

kilowatthours of electricity delivered, or applicable

portion of such amount as specified in paragraph (1) of

this subsection (c), as applicable, by the electric utility

in the delivery year immediately prior to the procurement

to all retail customers in its service territory. The

calculations required by this subparagraph (E) shall be

made only once for each delivery year at the time that the

renewable energy resources are procured. Once the

determination as to the amount of renewable energy

resources to procure is made based on the calculations set

forth in this subparagraph (E) and the contracts procuring

those amounts are executed, no subsequent rate impact

determinations shall be made and no adjustments to those

contract amounts shall be allowed. All costs incurred under

such contracts shall be fully recoverable by the electric

utility as provided in this Section.

(F) If the limitation on the amount of renewable energy

resources procured in subparagraph (E) of this paragraph

(1) prevents the Agency from meeting all of the goals in

this subsection (c), the Agency's long-term plan shall

prioritize compliance with the requirements of this

subsection (c) regarding renewable energy credits in the

following order:

(i) renewable energy credits under existing

contractual obligations;

(i-5) funding for the Illinois Solar for All

Program, as described in subparagraph (O) of this

paragraph (1);

(ii) renewable energy credits necessary to comply

with the new wind and new photovoltaic procurement

requirements described in items (i) through (iii) of

subparagraph (C) of this paragraph (1); and

(iii) renewable energy credits necessary to meet

the remaining requirements of this subsection (c).

(G) The following provisions shall apply to the

Agency's procurement of renewable energy credits under

this subsection (c):

(i) Notwithstanding whether a long-term renewable

resources procurement plan has been approved, the

Agency shall conduct an initial forward procurement

for renewable energy credits from new utility-scale

wind projects within 160 days after June 1, 2017 (the

effective date of Public Act 99-906). For the purposes

of this initial forward procurement, the Agency shall

solicit 15-year contracts for delivery of 1,000,000

renewable energy credits delivered annually from new

utility-scale wind projects to begin delivery on June

1, 2019, if available, but not later than June 1, 2021.

Payments to suppliers of renewable energy credits

shall commence upon delivery. Renewable energy credits

procured under this initial procurement shall be

included in the Agency's long-term plan and shall apply

to all renewable energy goals in this subsection (c).

(ii) Notwithstanding whether a long-term renewable

resources procurement plan has been approved, the

Agency shall conduct an initial forward procurement

for renewable energy credits from new utility-scale

solar projects and brownfield site photovoltaic

projects within one year after June 1, 2017 (the

effective date of Public Act 99-906). For the purposes

of this initial forward procurement, the Agency shall

solicit 15-year contracts for delivery of 1,000,000

renewable energy credits delivered annually from new

utility-scale solar projects and brownfield site

photovoltaic projects to begin delivery on June 1,

2019, if available, but not later than June 1, 2021.

The Agency may structure this initial procurement in

one or more discrete procurement events. Payments to

suppliers of renewable energy credits shall commence

upon delivery. Renewable energy credits procured under

this initial procurement shall be included in the

Agency's long-term plan and shall apply to all

renewable energy goals in this subsection (c).

(iii) Subsequent forward procurements for

utility-scale wind projects shall solicit at least

1,000,000 renewable energy credits delivered annually

per procurement event and shall be planned, scheduled,

and designed such that the cumulative amount of

renewable energy credits delivered from all new wind

projects in each delivery year shall not exceed the

Agency's projection of the cumulative amount of

renewable energy credits that will be delivered from

all new photovoltaic projects, including utility-scale

and distributed photovoltaic devices, in the same

delivery year at the time scheduled for wind contract

delivery.

(iv) If, at any time after the time set for

delivery of renewable energy credits pursuant to the

initial procurements in items (i) and (ii) of this

subparagraph (G), the cumulative amount of renewable

energy credits projected to be delivered from all new

wind projects in a given delivery year exceeds the

cumulative amount of renewable energy credits

projected to be delivered from all new photovoltaic

projects in that delivery year by 200,000 or more

renewable energy credits, then the Agency shall within

60 days adjust the procurement programs in the

long-term renewable resources procurement plan to

ensure that the projected cumulative amount of

renewable energy credits to be delivered from all new

wind projects does not exceed the projected cumulative

amount of renewable energy credits to be delivered from

all new photovoltaic projects by 200,000 or more

renewable energy credits, provided that nothing in

this Section shall preclude the projected cumulative

amount of renewable energy credits to be delivered from

all new photovoltaic projects from exceeding the

projected cumulative amount of renewable energy

credits to be delivered from all new wind projects in

each delivery year and provided further that nothing in

this item (iv) shall require the curtailment of an

executed contract. The Agency shall update, on a

quarterly basis, its projection of the renewable

energy credits to be delivered from all projects in

each delivery year. Notwithstanding anything to the

contrary, the Agency may adjust the timing of

procurement events conducted under this subparagraph

(G). The long-term renewable resources procurement

plan shall set forth the process by which the

adjustments may be made.

(v) All procurements under this subparagraph (G)

shall comply with the geographic requirements in

subparagraph (I) of this paragraph (1) and shall follow

the procurement processes and procedures described in

this Section and Section 16-111.5 of the Public

Utilities Act to the extent practicable, and these

processes and procedures may be expedited to

accommodate the schedule established by this

subparagraph (G).

(H) The procurement of renewable energy resources for a

given delivery year shall be reduced as described in this

subparagraph (H) if an alternative retail electric

supplier meets the requirements described in this

subparagraph (H).

(i) Within 45 days after June 1, 2017 (the

effective date of Public Act 99-906), an alternative

retail electric supplier or its successor shall submit

an informational filing to the Illinois Commerce

Commission certifying that, as of December 31, 2015,

the alternative retail electric supplier owned one or

more electric generating facilities that generates

renewable energy resources as defined in Section 1-10

of this Act, provided that such facilities are not

powered by wind or photovoltaics, and the facilities

generate one renewable energy credit for each

megawatthour of energy produced from the facility.

The informational filing shall identify each

facility that was eligible to satisfy the alternative

retail electric supplier's obligations under Section

16-115D of the Public Utilities Act as described in

this item (i).

(ii) For a given delivery year, the alternative

retail electric supplier may elect to supply its retail

customers with renewable energy credits from the

facility or facilities described in item (i) of this

subparagraph (H) that continue to be owned by the

alternative retail electric supplier.

(iii) The alternative retail electric supplier

shall notify the Agency and the applicable utility, no

later than February 28 of the year preceding the

applicable delivery year or 15 days after June 1, 2017

(the effective date of Public Act 99-906), whichever is

later, of its election under item (ii) of this

subparagraph (H) to supply renewable energy credits to

retail customers of the utility. Such election shall

identify the amount of renewable energy credits to be

supplied by the alternative retail electric supplier

to the utility's retail customers and the source of the

renewable energy credits identified in the

informational filing as described in item (i) of this

subparagraph (H), subject to the following

limitations:

For the delivery year beginning June 1, 2018,

the maximum amount of renewable energy credits to

be supplied by an alternative retail electric

supplier under this subparagraph (H) shall be 68%

multiplied by 25% multiplied by 14.5% multiplied

by the amount of metered electricity

(megawatt-hours) delivered by the alternative

retail electric supplier to Illinois retail

customers during the delivery year ending May 31,

2016.

For delivery years beginning June 1, 2019 and

each year thereafter, the maximum amount of

renewable energy credits to be supplied by an

alternative retail electric supplier under this

subparagraph (H) shall be 68% multiplied by 50%

multiplied by 16% multiplied by the amount of

metered electricity (megawatt-hours) delivered by

the alternative retail electric supplier to

Illinois retail customers during the delivery year

ending May 31, 2016, provided that the 16% value

shall increase by 1.5% each delivery year

thereafter to 25% by the delivery year beginning

June 1, 2025, and thereafter the 25% value shall

apply to each delivery year.

For each delivery year, the total amount of

renewable energy credits supplied by all alternative

retail electric suppliers under this subparagraph (H)

shall not exceed 9% of the Illinois target renewable

energy credit quantity. The Illinois target renewable

energy credit quantity for the delivery year beginning

June 1, 2018 is 14.5% multiplied by the total amount of

metered electricity (megawatt-hours) delivered in the

delivery year immediately preceding that delivery

year, provided that the 14.5% shall increase by 1.5%

each delivery year thereafter to 25% by the delivery

year beginning June 1, 2025, and thereafter the 25%

value shall apply to each delivery year.

If the requirements set forth in items (i) through

(iii) of this subparagraph (H) are met, the charges

that would otherwise be applicable to the retail

customers of the alternative retail electric supplier

under paragraph (6) of this subsection (c) for the

applicable delivery year shall be reduced by the ratio

of the quantity of renewable energy credits supplied by

the alternative retail electric supplier compared to

that supplier's target renewable energy credit

quantity. The supplier's target renewable energy

credit quantity for the delivery year beginning June 1,

2018 is 14.5% multiplied by the total amount of metered

electricity (megawatt-hours) delivered by the

alternative retail supplier in that delivery year,

provided that the 14.5% shall increase by 1.5% each

delivery year thereafter to 25% by the delivery year

beginning June 1, 2025, and thereafter the 25% value

shall apply to each delivery year.

On or before April 1 of each year, the Agency shall

annually publish a report on its website that

identifies the aggregate amount of renewable energy

credits supplied by alternative retail electric

suppliers under this subparagraph (H).

(I) The Agency shall design its long-term renewable

energy procurement plan to maximize the State's interest in

the health, safety, and welfare of its residents, including

but not limited to minimizing sulfur dioxide, nitrogen

oxide, particulate matter and other pollution that

adversely affects public health in this State, increasing

fuel and resource diversity in this State, enhancing the

reliability and resiliency of the electricity distribution

system in this State, meeting goals to limit carbon dioxide

emissions under federal or State law, and contributing to a

cleaner and healthier environment for the citizens of this

State. In order to further these legislative purposes,

renewable energy credits shall be eligible to be counted

toward the renewable energy requirements of this

subsection (c) if they are generated from facilities

located in this State. The Agency may qualify renewable

energy credits from facilities located in states adjacent

to Illinois if the generator demonstrates and the Agency

determines that the operation of such facility or

facilities will help promote the State's interest in the

health, safety, and welfare of its residents based on the

public interest criteria described above. To ensure that

the public interest criteria are applied to the procurement

and given full effect, the Agency's long-term procurement

plan shall describe in detail how each public interest

factor shall be considered and weighted for facilities

located in states adjacent to Illinois.

(J) In order to promote the competitive development of

renewable energy resources in furtherance of the State's

interest in the health, safety, and welfare of its

residents, renewable energy credits shall not be eligible

to be counted toward the renewable energy requirements of

this subsection (c) if they are sourced from a generating

unit whose costs were being recovered through rates

regulated by this State or any other state or states on or

after January 1, 2017. Each contract executed to purchase

renewable energy credits under this subsection (c) shall

provide for the contract's termination if the costs of the

generating unit supplying the renewable energy credits

subsequently begin to be recovered through rates regulated

by this State or any other state or states; and each

contract shall further provide that, in that event, the

supplier of the credits must return 110% of all payments

received under the contract. Amounts returned under the

requirements of this subparagraph (J) shall be retained by

the utility and all of these amounts shall be used for the

procurement of additional renewable energy credits from

new wind or new photovoltaic resources as defined in this

subsection (c). The long-term plan shall provide that these

renewable energy credits shall be procured in the next

procurement event.

Notwithstanding the limitations of this subparagraph

(J), renewable energy credits sourced from generating

units that are constructed, purchased, owned, or leased by

an electric utility as part of an approved project,

program, or pilot under Section 1-56 of this Act shall be

eligible to be counted toward the renewable energy

requirements of this subsection (c), regardless of how the

costs of these units are recovered.

(K) The long-term renewable resources procurement plan

developed by the Agency in accordance with subparagraph (A)

of this paragraph (1) shall include an Adjustable Block

program for the procurement of renewable energy credits

from new photovoltaic projects that are distributed

renewable energy generation devices or new photovoltaic

community renewable generation projects. The Adjustable

Block program shall be designed to provide a transparent

schedule of prices and quantities to enable the

photovoltaic market to scale up and for renewable energy

credit prices to adjust at a predictable rate over time.

The prices set by the Adjustable Block program can be

reflected as a set value or as the product of a formula.

The Adjustable Block program shall include for each

category of eligible projects: a schedule of standard block

purchase prices to be offered; a series of steps, with

associated nameplate capacity and purchase prices that

adjust from step to step; and automatic opening of the next

step as soon as the nameplate capacity and available

purchase prices for an open step are fully committed or

reserved. Only projects energized on or after June 1, 2017

shall be eligible for the Adjustable Block program. For

each block group the Agency shall determine the number of

blocks, the amount of generation capacity in each block,

and the purchase price for each block, provided that the

purchase price provided and the total amount of generation

in all blocks for all block groups shall be sufficient to

meet the goals in this subsection (c). The Agency may

periodically review its prior decisions establishing the

number of blocks, the amount of generation capacity in each

block, and the purchase price for each block, and may

propose, on an expedited basis, changes to these previously

set values, including but not limited to redistributing

these amounts and the available funds as necessary and

appropriate, subject to Commission approval as part of the

periodic plan revision process described in Section

16-111.5 of the Public Utilities Act. The Agency may define

different block sizes, purchase prices, or other distinct

terms and conditions for projects located in different

utility service territories if the Agency deems it

necessary to meet the goals in this subsection (c).

The Adjustable Block program shall include at least the

following block groups in at least the following amounts,

which may be adjusted upon review by the Agency and

approval by the Commission as described in this

subparagraph (K):

(i) At least 25% from distributed renewable energy

generation devices with a nameplate capacity of no more

than 10 kilowatts.

(ii) At least 25% from distributed renewable

energy generation devices with a nameplate capacity of

more than 10 kilowatts and no more than 2,000

kilowatts. The Agency may create sub-categories within

this category to account for the differences between

projects for small commercial customers, large

commercial customers, and public or non-profit

customers.

(iii) At least 25% from photovoltaic community

renewable generation projects.

(iv) The remaining 25% shall be allocated as

specified by the Agency in the long-term renewable

resources procurement plan.

The Adjustable Block program shall be designed to

ensure that renewable energy credits are procured from

photovoltaic distributed renewable energy generation

devices and new photovoltaic community renewable energy

generation projects in diverse locations and are not

concentrated in a few geographic areas.

(L) The procurement of photovoltaic renewable energy

credits under items (i) through (iv) of subparagraph (K) of

this paragraph (1) shall be subject to the following

contract and payment terms:

(i) The Agency shall procure contracts of at least

15 years in length.

(ii) For those renewable energy credits that

qualify and are procured under item (i) of subparagraph

(K) of this paragraph (1), the renewable energy credit

purchase price shall be paid in full by the contracting

utilities at the time that the facility producing the

renewable energy credits is interconnected at the

distribution system level of the utility and

energized. The electric utility shall receive and

retire all renewable energy credits generated by the

project for the first 15 years of operation.

(iii) For those renewable energy credits that

qualify and are procured under item (ii) and (iii) of

subparagraph (K) of this paragraph (1) and any

additional categories of distributed generation

included in the long-term renewable resources

procurement plan and approved by the Commission, 20

percent of the renewable energy credit purchase price

shall be paid by the contracting utilities at the time

that the facility producing the renewable energy

credits is interconnected at the distribution system

level of the utility and energized. The remaining

portion shall be paid ratably over the subsequent

4-year period. The electric utility shall receive and

retire all renewable energy credits generated by the

project for the first 15 years of operation.

(iv) Each contract shall include provisions to

ensure the delivery of the renewable energy credits for

the full term of the contract.

(v) The utility shall be the counterparty to the

contracts executed under this subparagraph (L) that

are approved by the Commission under the process

described in Section 16-111.5 of the Public Utilities

Act. No contract shall be executed for an amount that

is less than one renewable energy credit per year.

(vi) If, at any time, approved applications for the

Adjustable Block program exceed funds collected by the

electric utility or would cause the Agency to exceed

the limitation described in subparagraph (E) of this

paragraph (1) on the amount of renewable energy

resources that may be procured, then the Agency shall

consider future uncommitted funds to be reserved for

these contracts on a first-come, first-served basis,

with the delivery of renewable energy credits required

beginning at the time that the reserved funds become

available.

(vii) Nothing in this Section shall require the

utility to advance any payment or pay any amounts that

exceed the actual amount of revenues collected by the

utility under paragraph (6) of this subsection (c) and

subsection (k) of Section 16-108 of the Public

Utilities Act, and contracts executed under this

Section shall expressly incorporate this limitation.

(M) The Agency shall be authorized to retain one or

more experts or expert consulting firms to develop,

administer, implement, operate, and evaluate the

Adjustable Block program described in subparagraph (K) of

this paragraph (1), and the Agency shall retain the

consultant or consultants in the same manner, to the extent

practicable, as the Agency retains others to administer

provisions of this Act, including, but not limited to, the

procurement administrator. The selection of experts and

expert consulting firms and the procurement process

described in this subparagraph (M) are exempt from the

requirements of Section 20-10 of the Illinois Procurement

Code, under Section 20-10 of that Code. The Agency shall

strive to minimize administrative expenses in the

implementation of the Adjustable Block program.

The Agency and its consultant or consultants shall

monitor block activity, share program activity with

stakeholders and conduct regularly scheduled meetings to

discuss program activity and market conditions. If

necessary, the Agency may make prospective administrative

adjustments to the Adjustable Block program design, such as

redistributing available funds or making adjustments to

purchase prices as necessary to achieve the goals of this

subsection (c). Program modifications to any price,

capacity block, or other program element that do not

deviate from the Commission's approved value by more than

25% shall take effect immediately and are not subject to

Commission review and approval. Program modifications to

any price, capacity block, or other program element that

deviate more than 25% from the Commission's approved value

must be approved by the Commission as a long-term plan

amendment under Section 16-111.5 of the Public Utilities

Act. The Agency shall consider stakeholder feedback when

making adjustments to the Adjustable Block design and shall

notify stakeholders in advance of any planned changes.

(N) The long-term renewable resources procurement plan

required by this subsection (c) shall include a community

renewable generation program. The Agency shall establish

the terms, conditions, and program requirements for

community renewable generation projects with a goal to

expand renewable energy generating facility access to a

broader group of energy consumers, to ensure robust

participation opportunities for residential and small

commercial customers and those who cannot install

renewable energy on their own properties. Any plan approved

by the Commission shall allow subscriptions to community

renewable generation projects to be portable and

transferable. For purposes of this subparagraph (N),

"portable" means that subscriptions may be retained by the

subscriber even if the subscriber relocates or changes its

address within the same utility service territory; and

"transferable" means that a subscriber may assign or sell

subscriptions to another person within the same utility

service territory.

Electric utilities shall provide a monetary credit to a

subscriber's subsequent bill for service for the

proportional output of a community renewable generation

project attributable to that subscriber as specified in

Section 16-107.5 of the Public Utilities Act.

The Agency shall purchase renewable energy credits

from subscribed shares of photovoltaic community renewable

generation projects through the Adjustable Block program

described in subparagraph (K) of this paragraph (1) or

through the Illinois Solar for All Program described in

Section 1-56 of this Act. The electric utility shall

purchase any unsubscribed energy from community renewable

generation projects that are Qualifying Facilities ("QF")

under the electric utility's tariff for purchasing the

output from QFs under Public Utilities Regulatory Policies

Act of 1978.

The owners of and any subscribers to a community

renewable generation project shall not be considered

public utilities or alternative retail electricity

suppliers under the Public Utilities Act solely as a result

of their interest in or subscription to a community

renewable generation project and shall not be required to

become an alternative retail electric supplier by

participating in a community renewable generation project

with a public utility.

(O) For the delivery year beginning June 1, 2018, the

long-term renewable resources procurement plan required by

this subsection (c) shall provide for the Agency to procure

contracts to continue offering the Illinois Solar for All

Program described in subsection (b) of Section 1-56 of this

Act, and the contracts approved by the Commission shall be

executed by the utilities that are subject to this

subsection (c). The long-term renewable resources

procurement plan shall allocate 5% of the funds available

under the plan for the applicable delivery year, or

$10,000,000 per delivery year, whichever is greater, to

fund the programs, and the plan shall determine the amount

of funding to be apportioned to the programs identified in

subsection (b) of Section 1-56 of this Act; provided that

for the delivery years beginning June 1, 2017, June 1,

2021, and June 1, 2025, the long-term renewable resources

procurement plan shall allocate 10% of the funds available

under the plan for the applicable delivery year, or

$20,000,000 per delivery year, whichever is greater, and

$10,000,000 of such funds in such year shall be used by an

electric utility that serves more than 3,000,000 retail

customers in the State to implement a Commission-approved

plan under Section 16-108.12 of the Public Utilities Act.

In making the determinations required under this

subparagraph (O), the Commission shall consider the

experience and performance under the programs and any

evaluation reports. The Commission shall also provide for

an independent evaluation of those programs on a periodic

basis that are funded under this subparagraph (O).

(2) (Blank).

(3) (Blank).

(4) The electric utility shall retire all renewable

energy credits used to comply with the standard.

(5) Beginning with the 2010 delivery year and ending

June 1, 2017, an electric utility subject to this

subsection (c) shall apply the lesser of the maximum

alternative compliance payment rate or the most recent

estimated alternative compliance payment rate for its

service territory for the corresponding compliance period,

established pursuant to subsection (d) of Section 16-115D

of the Public Utilities Act to its retail customers that

take service pursuant to the electric utility's hourly

pricing tariff or tariffs. The electric utility shall

retain all amounts collected as a result of the application

of the alternative compliance payment rate or rates to such

customers, and, beginning in 2011, the utility shall

include in the information provided under item (1) of

subsection (d) of Section 16-111.5 of the Public Utilities

Act the amounts collected under the alternative compliance

payment rate or rates for the prior year ending May 31.

Notwithstanding any limitation on the procurement of

renewable energy resources imposed by item (2) of this

subsection (c), the Agency shall increase its spending on

the purchase of renewable energy resources to be procured

by the electric utility for the next plan year by an amount

equal to the amounts collected by the utility under the

alternative compliance payment rate or rates in the prior

year ending May 31.

(6) The electric utility shall be entitled to recover

all of its costs associated with the procurement of

renewable energy credits under plans approved under this

Section and Section 16-111.5 of the Public Utilities Act.

These costs shall include associated reasonable expenses

for implementing the procurement programs, including, but

not limited to, the costs of administering and evaluating

the Adjustable Block program, through an automatic

adjustment clause tariff in accordance with subsection (k)

of Section 16-108 of the Public Utilities Act.

(7) Renewable energy credits procured from new

photovoltaic projects or new distributed renewable energy

generation devices under this Section after June 1, 2017

(the effective date of Public Act 99-906) must be procured

from devices installed by a qualified person in compliance

with the requirements of Section 16-128A of the Public

Utilities Act and any rules or regulations adopted

thereunder.

In meeting the renewable energy requirements of this

subsection (c), to the extent feasible and consistent with

State and federal law, the renewable energy credit

procurements, Adjustable Block solar program, and

community renewable generation program shall provide

employment opportunities for all segments of the

population and workforce, including minority-owned and

female-owned business enterprises, and shall not,

consistent with State and federal law, discriminate based

on race or socioeconomic status.

(d) Clean coal portfolio standard.

(1) The procurement plans shall include electricity

generated using clean coal. Each utility shall enter into

one or more sourcing agreements with the initial clean coal

facility, as provided in paragraph (3) of this subsection

(d), covering electricity generated by the initial clean

coal facility representing at least 5% of each utility's

total supply to serve the load of eligible retail customers

in 2015 and each year thereafter, as described in paragraph

(3) of this subsection (d), subject to the limits specified

in paragraph (2) of this subsection (d). It is the goal of

the State that by January 1, 2025, 25% of the electricity

used in the State shall be generated by cost-effective

clean coal facilities. For purposes of this subsection (d),

"cost-effective" means that the expenditures pursuant to

such sourcing agreements do not cause the limit stated in

paragraph (2) of this subsection (d) to be exceeded and do

not exceed cost-based benchmarks, which shall be developed

to assess all expenditures pursuant to such sourcing

agreements covering electricity generated by clean coal

facilities, other than the initial clean coal facility, by

the procurement administrator, in consultation with the

Commission staff, Agency staff, and the procurement

monitor and shall be subject to Commission review and

approval.

A utility party to a sourcing agreement shall

immediately retire any emission credits that it receives in

connection with the electricity covered by such agreement.

Utilities shall maintain adequate records documenting

the purchases under the sourcing agreement to comply with

this subsection (d) and shall file an accounting with the

load forecast that must be filed with the Agency by July 15

of each year, in accordance with subsection (d) of Section

16-111.5 of the Public Utilities Act.

A utility shall be deemed to have complied with the

clean coal portfolio standard specified in this subsection

(d) if the utility enters into a sourcing agreement as

required by this subsection (d).

(2) For purposes of this subsection (d), the required

execution of sourcing agreements with the initial clean

coal facility for a particular year shall be measured as a

percentage of the actual amount of electricity

(megawatt-hours) supplied by the electric utility to

eligible retail customers in the planning year ending

immediately prior to the agreement's execution. For

purposes of this subsection (d), the amount paid per

kilowatthour means the total amount paid for electric

service expressed on a per kilowatthour basis. For purposes

of this subsection (d), the total amount paid for electric

service includes without limitation amounts paid for

supply, transmission, distribution, surcharges and add-on

taxes.

Notwithstanding the requirements of this subsection

(d), the total amount paid under sourcing agreements with

clean coal facilities pursuant to the procurement plan for

any given year shall be reduced by an amount necessary to

limit the annual estimated average net increase due to the

costs of these resources included in the amounts paid by

eligible retail customers in connection with electric

service to:

(A) in 2010, no more than 0.5% of the amount paid

per kilowatthour by those customers during the year

ending May 31, 2009;

(B) in 2011, the greater of an additional 0.5% of

the amount paid per kilowatthour by those customers

during the year ending May 31, 2010 or 1% of the amount

paid per kilowatthour by those customers during the

year ending May 31, 2009;

(C) in 2012, the greater of an additional 0.5% of

the amount paid per kilowatthour by those customers

during the year ending May 31, 2011 or 1.5% of the

amount paid per kilowatthour by those customers during

the year ending May 31, 2009;

(D) in 2013, the greater of an additional 0.5% of

the amount paid per kilowatthour by those customers

during the year ending May 31, 2012 or 2% of the amount

paid per kilowatthour by those customers during the

year ending May 31, 2009; and

(E) thereafter, the total amount paid under

sourcing agreements with clean coal facilities

pursuant to the procurement plan for any single year

shall be reduced by an amount necessary to limit the

estimated average net increase due to the cost of these

resources included in the amounts paid by eligible

retail customers in connection with electric service

to no more than the greater of (i) 2.015% of the amount

paid per kilowatthour by those customers during the

year ending May 31, 2009 or (ii) the incremental amount

per kilowatthour paid for these resources in 2013.

These requirements may be altered only as provided by

statute.

No later than June 30, 2015, the Commission shall

review the limitation on the total amount paid under

sourcing agreements, if any, with clean coal facilities

pursuant to this subsection (d) and report to the General

Assembly its findings as to whether that limitation unduly

constrains the amount of electricity generated by

cost-effective clean coal facilities that is covered by

sourcing agreements.

(3) Initial clean coal facility. In order to promote

development of clean coal facilities in Illinois, each

electric utility subject to this Section shall execute a

sourcing agreement to source electricity from a proposed

clean coal facility in Illinois (the "initial clean coal

facility") that will have a nameplate capacity of at least

500 MW when commercial operation commences, that has a

final Clean Air Act permit on June 1, 2009 (the effective

date of Public Act 95-1027), and that will meet the

definition of clean coal facility in Section 1-10 of this

Act when commercial operation commences. The sourcing

agreements with this initial clean coal facility shall be

subject to both approval of the initial clean coal facility

by the General Assembly and satisfaction of the

requirements of paragraph (4) of this subsection (d) and

shall be executed within 90 days after any such approval by

the General Assembly. The Agency and the Commission shall

have authority to inspect all books and records associated

with the initial clean coal facility during the term of

such a sourcing agreement. A utility's sourcing agreement

for electricity produced by the initial clean coal facility

shall include:

(A) a formula contractual price (the "contract

price") approved pursuant to paragraph (4) of this

subsection (d), which shall:

(i) be determined using a cost of service

methodology employing either a level or deferred

capital recovery component, based on a capital

structure consisting of 45% equity and 55% debt,

and a return on equity as may be approved by the

Federal Energy Regulatory Commission, which in any

case may not exceed the lower of 11.5% or the rate

of return approved by the General Assembly

pursuant to paragraph (4) of this subsection (d);

and

(ii) provide that all miscellaneous net

revenue, including but not limited to net revenue

from the sale of emission allowances, if any,

substitute natural gas, if any, grants or other

support provided by the State of Illinois or the

United States Government, firm transmission

rights, if any, by-products produced by the

facility, energy or capacity derived from the

facility and not covered by a sourcing agreement

pursuant to paragraph (3) of this subsection (d) or

item (5) of subsection (d) of Section 16-115 of the

Public Utilities Act, whether generated from the

synthesis gas derived from coal, from SNG, or from

natural gas, shall be credited against the revenue

requirement for this initial clean coal facility;

(B) power purchase provisions, which shall:

(i) provide that the utility party to such

sourcing agreement shall pay the contract price

for electricity delivered under such sourcing

agreement;

(ii) require delivery of electricity to the

regional transmission organization market of the

utility that is party to such sourcing agreement;

(iii) require the utility party to such

sourcing agreement to buy from the initial clean

coal facility in each hour an amount of energy

equal to all clean coal energy made available from

the initial clean coal facility during such hour

times a fraction, the numerator of which is such

utility's retail market sales of electricity

(expressed in kilowatthours sold) in the State

during the prior calendar month and the

denominator of which is the total retail market

sales of electricity (expressed in kilowatthours

sold) in the State by utilities during such prior

month and the sales of electricity (expressed in

kilowatthours sold) in the State by alternative

retail electric suppliers during such prior month

that are subject to the requirements of this

subsection (d) and paragraph (5) of subsection (d)

of Section 16-115 of the Public Utilities Act,

provided that the amount purchased by the utility

in any year will be limited by paragraph (2) of

this subsection (d); and

(iv) be considered pre-existing contracts in

such utility's procurement plans for eligible

retail customers;

(C) contract for differences provisions, which

shall:

(i) require the utility party to such sourcing

agreement to contract with the initial clean coal

facility in each hour with respect to an amount of

energy equal to all clean coal energy made

available from the initial clean coal facility

during such hour times a fraction, the numerator of

which is such utility's retail market sales of

electricity (expressed in kilowatthours sold) in

the utility's service territory in the State

during the prior calendar month and the

denominator of which is the total retail market

sales of electricity (expressed in kilowatthours

sold) in the State by utilities during such prior

month and the sales of electricity (expressed in

kilowatthours sold) in the State by alternative

retail electric suppliers during such prior month

that are subject to the requirements of this

subsection (d) and paragraph (5) of subsection (d)

of Section 16-115 of the Public Utilities Act,

provided that the amount paid by the utility in any

year will be limited by paragraph (2) of this

subsection (d);

(ii) provide that the utility's payment

obligation in respect of the quantity of

electricity determined pursuant to the preceding

clause (i) shall be limited to an amount equal to

(1) the difference between the contract price

determined pursuant to subparagraph (A) of

paragraph (3) of this subsection (d) and the

day-ahead price for electricity delivered to the

regional transmission organization market of the

utility that is party to such sourcing agreement

(or any successor delivery point at which such

utility's supply obligations are financially

settled on an hourly basis) (the "reference

price") on the day preceding the day on which the

electricity is delivered to the initial clean coal

facility busbar, multiplied by (2) the quantity of

electricity determined pursuant to the preceding

clause (i); and

(iii) not require the utility to take physical

delivery of the electricity produced by the

facility;

(D) general provisions, which shall:

(i) specify a term of no more than 30 years,

commencing on the commercial operation date of the

facility;

(ii) provide that utilities shall maintain

adequate records documenting purchases under the

sourcing agreements entered into to comply with

this subsection (d) and shall file an accounting

with the load forecast that must be filed with the

Agency by July 15 of each year, in accordance with

subsection (d) of Section 16-111.5 of the Public

Utilities Act;

(iii) provide that all costs associated with

the initial clean coal facility will be

periodically reported to the Federal Energy

Regulatory Commission and to purchasers in

accordance with applicable laws governing

cost-based wholesale power contracts;

(iv) permit the Illinois Power Agency to

assume ownership of the initial clean coal

facility, without monetary consideration and

otherwise on reasonable terms acceptable to the

Agency, if the Agency so requests no less than 3

years prior to the end of the stated contract term;

(v) require the owner of the initial clean coal

facility to provide documentation to the

Commission each year, starting in the facility's

first year of commercial operation, accurately

reporting the quantity of carbon emissions from

the facility that have been captured and

sequestered and report any quantities of carbon

released from the site or sites at which carbon

emissions were sequestered in prior years, based

on continuous monitoring of such sites. If, in any

year after the first year of commercial operation,

the owner of the facility fails to demonstrate that

the initial clean coal facility captured and

sequestered at least 50% of the total carbon

emissions that the facility would otherwise emit

or that sequestration of emissions from prior

years has failed, resulting in the release of

carbon dioxide into the atmosphere, the owner of

the facility must offset excess emissions. Any

such carbon offsets must be permanent, additional,

verifiable, real, located within the State of

Illinois, and legally and practicably enforceable.

The cost of such offsets for the facility that are

not recoverable shall not exceed $15 million in any

given year. No costs of any such purchases of

carbon offsets may be recovered from a utility or

its customers. All carbon offsets purchased for

this purpose and any carbon emission credits

associated with sequestration of carbon from the

facility must be permanently retired. The initial

clean coal facility shall not forfeit its

designation as a clean coal facility if the

facility fails to fully comply with the applicable

carbon sequestration requirements in any given

year, provided the requisite offsets are

purchased. However, the Attorney General, on

behalf of the People of the State of Illinois, may

specifically enforce the facility's sequestration

requirement and the other terms of this contract

provision. Compliance with the sequestration

requirements and offset purchase requirements

specified in paragraph (3) of this subsection (d)

shall be reviewed annually by an independent

expert retained by the owner of the initial clean

coal facility, with the advance written approval

of the Attorney General. The Commission may, in the

course of the review specified in item (vii),

reduce the allowable return on equity for the

facility if the facility willfully fails to comply

with the carbon capture and sequestration

requirements set forth in this item (v);

(vi) include limits on, and accordingly

provide for modification of, the amount the

utility is required to source under the sourcing

agreement consistent with paragraph (2) of this

subsection (d);

(vii) require Commission review: (1) to

determine the justness, reasonableness, and

prudence of the inputs to the formula referenced in

subparagraphs (A)(i) through (A)(iii) of paragraph

(3) of this subsection (d), prior to an adjustment

in those inputs including, without limitation, the

capital structure and return on equity, fuel

costs, and other operations and maintenance costs

and (2) to approve the costs to be passed through

to customers under the sourcing agreement by which

the utility satisfies its statutory obligations.

Commission review shall occur no less than every 3

years, regardless of whether any adjustments have

been proposed, and shall be completed within 9

months;

(viii) limit the utility's obligation to such

amount as the utility is allowed to recover through

tariffs filed with the Commission, provided that

neither the clean coal facility nor the utility

waives any right to assert federal pre-emption or

any other argument in response to a purported

disallowance of recovery costs;

(ix) limit the utility's or alternative retail

electric supplier's obligation to incur any

liability until such time as the facility is in

commercial operation and generating power and

energy and such power and energy is being delivered

to the facility busbar;

(x) provide that the owner or owners of the

initial clean coal facility, which is the

counterparty to such sourcing agreement, shall

have the right from time to time to elect whether

the obligations of the utility party thereto shall

be governed by the power purchase provisions or the

contract for differences provisions;

(xi) append documentation showing that the

formula rate and contract, insofar as they relate

to the power purchase provisions, have been

approved by the Federal Energy Regulatory

Commission pursuant to Section 205 of the Federal

Power Act;

(xii) provide that any changes to the terms of

the contract, insofar as such changes relate to the

power purchase provisions, are subject to review

under the public interest standard applied by the

Federal Energy Regulatory Commission pursuant to

Sections 205 and 206 of the Federal Power Act; and

(xiii) conform with customary lender

requirements in power purchase agreements used as

the basis for financing non-utility generators.

(4) Effective date of sourcing agreements with the

initial clean coal facility. Any proposed sourcing

agreement with the initial clean coal facility shall not

become effective unless the following reports are prepared

and submitted and authorizations and approvals obtained:

(i) Facility cost report. The owner of the initial

clean coal facility shall submit to the Commission, the

Agency, and the General Assembly a front-end

engineering and design study, a facility cost report,

method of financing (including but not limited to

structure and associated costs), and an operating and

maintenance cost quote for the facility (collectively

"facility cost report"), which shall be prepared in

accordance with the requirements of this paragraph (4)

of subsection (d) of this Section, and shall provide

the Commission and the Agency access to the work

papers, relied upon documents, and any other backup

documentation related to the facility cost report.

(ii) Commission report. Within 6 months following

receipt of the facility cost report, the Commission, in

consultation with the Agency, shall submit a report to

the General Assembly setting forth its analysis of the

facility cost report. Such report shall include, but

not be limited to, a comparison of the costs associated

with electricity generated by the initial clean coal

facility to the costs associated with electricity

generated by other types of generation facilities, an

analysis of the rate impacts on residential and small

business customers over the life of the sourcing

agreements, and an analysis of the likelihood that the

initial clean coal facility will commence commercial

operation by and be delivering power to the facility's

busbar by 2016. To assist in the preparation of its

report, the Commission, in consultation with the

Agency, may hire one or more experts or consultants,

the costs of which shall be paid for by the owner of

the initial clean coal facility. The Commission and

Agency may begin the process of selecting such experts

or consultants prior to receipt of the facility cost

report.

(iii) General Assembly approval. The proposed

sourcing agreements shall not take effect unless,

based on the facility cost report and the Commission's

report, the General Assembly enacts authorizing

legislation approving (A) the projected price, stated

in cents per kilowatthour, to be charged for

electricity generated by the initial clean coal

facility, (B) the projected impact on residential and

small business customers' bills over the life of the

sourcing agreements, and (C) the maximum allowable

return on equity for the project; and

(iv) Commission review. If the General Assembly

enacts authorizing legislation pursuant to

subparagraph (iii) approving a sourcing agreement, the

Commission shall, within 90 days of such enactment,

complete a review of such sourcing agreement. During

such time period, the Commission shall implement any

directive of the General Assembly, resolve any

disputes between the parties to the sourcing agreement

concerning the terms of such agreement, approve the

form of such agreement, and issue an order finding that

the sourcing agreement is prudent and reasonable.

The facility cost report shall be prepared as follows:

(A) The facility cost report shall be prepared by

duly licensed engineering and construction firms

detailing the estimated capital costs payable to one or

more contractors or suppliers for the engineering,

procurement and construction of the components

comprising the initial clean coal facility and the

estimated costs of operation and maintenance of the

facility. The facility cost report shall include:

(i) an estimate of the capital cost of the core

plant based on one or more front end engineering

and design studies for the gasification island and

related facilities. The core plant shall include

all civil, structural, mechanical, electrical,

control, and safety systems.

(ii) an estimate of the capital cost of the

balance of the plant, including any capital costs

associated with sequestration of carbon dioxide

emissions and all interconnects and interfaces

required to operate the facility, such as

transmission of electricity, construction or

backfeed power supply, pipelines to transport

substitute natural gas or carbon dioxide, potable

water supply, natural gas supply, water supply,

water discharge, landfill, access roads, and coal

delivery.

The quoted construction costs shall be expressed

in nominal dollars as of the date that the quote is

prepared and shall include capitalized financing costs

during construction, taxes, insurance, and other

owner's costs, and an assumed escalation in materials

and labor beyond the date as of which the construction

cost quote is expressed.

(B) The front end engineering and design study for

the gasification island and the cost study for the

balance of plant shall include sufficient design work

to permit quantification of major categories of

materials, commodities and labor hours, and receipt of

quotes from vendors of major equipment required to

construct and operate the clean coal facility.

(C) The facility cost report shall also include an

operating and maintenance cost quote that will provide

the estimated cost of delivered fuel, personnel,

maintenance contracts, chemicals, catalysts,

consumables, spares, and other fixed and variable

operations and maintenance costs. The delivered fuel

cost estimate will be provided by a recognized third

party expert or experts in the fuel and transportation

industries. The balance of the operating and

maintenance cost quote, excluding delivered fuel

costs, will be developed based on the inputs provided

by duly licensed engineering and construction firms

performing the construction cost quote, potential

vendors under long-term service agreements and plant

operating agreements, or recognized third party plant

operator or operators.

The operating and maintenance cost quote

(including the cost of the front end engineering and

design study) shall be expressed in nominal dollars as

of the date that the quote is prepared and shall

include taxes, insurance, and other owner's costs, and

an assumed escalation in materials and labor beyond the

date as of which the operating and maintenance cost

quote is expressed.

(D) The facility cost report shall also include an

analysis of the initial clean coal facility's ability

to deliver power and energy into the applicable

regional transmission organization markets and an

analysis of the expected capacity factor for the

initial clean coal facility.

(E) Amounts paid to third parties unrelated to the

owner or owners of the initial clean coal facility to

prepare the core plant construction cost quote,

including the front end engineering and design study,

and the operating and maintenance cost quote will be

reimbursed through Coal Development Bonds.

(5) Re-powering and retrofitting coal-fired power

plants previously owned by Illinois utilities to qualify as

clean coal facilities. During the 2009 procurement

planning process and thereafter, the Agency and the

Commission shall consider sourcing agreements covering

electricity generated by power plants that were previously

owned by Illinois utilities and that have been or will be

converted into clean coal facilities, as defined by Section

1-10 of this Act. Pursuant to such procurement planning

process, the owners of such facilities may propose to the

Agency sourcing agreements with utilities and alternative

retail electric suppliers required to comply with

subsection (d) of this Section and item (5) of subsection

(d) of Section 16-115 of the Public Utilities Act, covering

electricity generated by such facilities. In the case of

sourcing agreements that are power purchase agreements,

the contract price for electricity sales shall be

established on a cost of service basis. In the case of

sourcing agreements that are contracts for differences,

the contract price from which the reference price is

subtracted shall be established on a cost of service basis.

The Agency and the Commission may approve any such utility

sourcing agreements that do not exceed cost-based

benchmarks developed by the procurement administrator, in

consultation with the Commission staff, Agency staff and

the procurement monitor, subject to Commission review and

approval. The Commission shall have authority to inspect

all books and records associated with these clean coal

facilities during the term of any such contract.

(6) Costs incurred under this subsection (d) or

pursuant to a contract entered into under this subsection

(d) shall be deemed prudently incurred and reasonable in

amount and the electric utility shall be entitled to full

cost recovery pursuant to the tariffs filed with the

Commission.

(d-5) Zero emission standard.

(1) Beginning with the delivery year commencing on June

1, 2017, the Agency shall, for electric utilities that

serve at least 100,000 retail customers in this State,

procure contracts with zero emission facilities that are

reasonably capable of generating cost-effective zero

emission credits in an amount approximately equal to 16% of

the actual amount of electricity delivered by each electric

utility to retail customers in the State during calendar

year 2014. For an electric utility serving fewer than

100,000 retail customers in this State that requested,

under Section 16-111.5 of the Public Utilities Act, that

the Agency procure power and energy for all or a portion of

the utility's Illinois load for the delivery year

commencing June 1, 2016, the Agency shall procure contracts

with zero emission facilities that are reasonably capable

of generating cost-effective zero emission credits in an

amount approximately equal to 16% of the portion of power

and energy to be procured by the Agency for the utility.

The duration of the contracts procured under this

subsection (d-5) shall be for a term of 10 years ending May

31, 2027. The quantity of zero emission credits to be

procured under the contracts shall be all of the zero

emission credits generated by the zero emission facility in

each delivery year; however, if the zero emission facility

is owned by more than one entity, then the quantity of zero

emission credits to be procured under the contracts shall

be the amount of zero emission credits that are generated

from the portion of the zero emission facility that is

owned by the winning supplier.

The 16% value identified in this paragraph (1) is the

average of the percentage targets in subparagraph (B) of

paragraph (1) of subsection (c) of this Section 1-75 of

this Act for the 5 delivery years beginning June 1, 2017.

The procurement process shall be subject to the

following provisions:

(A) Those zero emission facilities that intend to

participate in the procurement shall submit to the

Agency the following eligibility information for each

zero emission facility on or before the date

established by the Agency:

(i) the in-service date and remaining useful

life of the zero emission facility;

(ii) the amount of power generated annually

for each of the years 2005 through 2015, and the

projected zero emission credits to be generated

over the remaining useful life of the zero emission

facility, which shall be used to determine the

capability of each facility;

(iii) the annual zero emission facility cost

projections, expressed on a per megawatthour

basis, over the next 6 delivery years, which shall

include the following: operation and maintenance

expenses; fully allocated overhead costs, which

shall be allocated using the methodology developed

by the Institute for Nuclear Power Operations;

fuel expenditures; non-fuel capital expenditures;

spent fuel expenditures; a return on working

capital; the cost of operational and market risks

that could be avoided by ceasing operation; and any

other costs necessary for continued operations,

provided that "necessary" means, for purposes of

this item (iii), that the costs could reasonably be

avoided only by ceasing operations of the zero

emission facility; and

(iv) a commitment to continue operating, for

the duration of the contract or contracts executed

under the procurement held under this subsection

(d-5), the zero emission facility that produces

the zero emission credits to be procured in the

procurement.

The information described in item (iii) of this

subparagraph (A) may be submitted on a confidential

basis and shall be treated and maintained by the

Agency, the procurement administrator, and the

Commission as confidential and proprietary and exempt

from disclosure under subparagraphs (a) and (g) of

paragraph (1) of Section 7 of the Freedom of

Information Act. The Office of Attorney General shall

have access to, and maintain the confidentiality of,

such information pursuant to Section 6.5 of the

Attorney General Act.

(B) The price for each zero emission credit

procured under this subsection (d-5) for each delivery

year shall be in an amount that equals the Social Cost

of Carbon, expressed on a price per megawatthour basis.

However, to ensure that the procurement remains

affordable to retail customers in this State if

electricity prices increase, the price in an

applicable delivery year shall be reduced below the

Social Cost of Carbon by the amount ("Price

Adjustment") by which the market price index for the

applicable delivery year exceeds the baseline market

price index for the consecutive 12-month period ending

May 31, 2016. If the Price Adjustment is greater than

or equal to the Social Cost of Carbon in an applicable

delivery year, then no payments shall be due in that

delivery year. The components of this calculation are

defined as follows:

(i) Social Cost of Carbon: The Social Cost of

Carbon is $16.50 per megawatthour, which is based

on the U.S. Interagency Working Group on Social

Cost of Carbon's price in the August 2016 Technical

Update using a 3% discount rate, adjusted for

inflation for each year of the program. Beginning

with the delivery year commencing June 1, 2023, the

price per megawatthour shall increase by $1 per

megawatthour, and continue to increase by an

additional $1 per megawatthour each delivery year

thereafter.

(ii) Baseline market price index: The baseline

market price index for the consecutive 12-month

period ending May 31, 2016 is $31.40 per

megawatthour, which is based on the sum of (aa) the

average day-ahead energy price across all hours of

such 12-month period at the PJM Interconnection

LLC Northern Illinois Hub, (bb) 50% multiplied by

the Base Residual Auction, or its successor,

capacity price for the rest of the RTO zone group

determined by PJM Interconnection LLC, divided by

24 hours per day, and (cc) 50% multiplied by the

Planning Resource Auction, or its successor,

capacity price for Zone 4 determined by the

Midcontinent Independent System Operator, Inc.,

divided by 24 hours per day.

(iii) Market price index: The market price

index for a delivery year shall be the sum of

projected energy prices and projected capacity

prices determined as follows:

(aa) Projected energy prices: the

projected energy prices for the applicable

delivery year shall be calculated once for the

year using the forward market price for the PJM

Interconnection, LLC Northern Illinois Hub.

The forward market price shall be calculated as

follows: the energy forward prices for each

month of the applicable delivery year averaged

for each trade date during the calendar year

immediately preceding that delivery year to

produce a single energy forward price for the

delivery year. The forward market price

calculation shall use data published by the

Intercontinental Exchange, or its successor.

(bb) Projected capacity prices:

(I) For the delivery years commencing

June 1, 2017, June 1, 2018, and June 1,

2019, the projected capacity price shall

be equal to the sum of (1) 50% multiplied

by the Base Residual Auction, or its

successor, price for the rest of the RTO

zone group as determined by PJM

Interconnection LLC, divided by 24 hours

per day and, (2) 50% multiplied by the

resource auction price determined in the

resource auction administered by the

Midcontinent Independent System Operator,

Inc., in which the largest percentage of

load cleared for Local Resource Zone 4,

divided by 24 hours per day, and where such

price is determined by the Midcontinent

Independent System Operator, Inc.

(II) For the delivery year commencing

June 1, 2020, and each year thereafter, the

projected capacity price shall be equal to

the sum of (1) 50% multiplied by the Base

Residual Auction, or its successor, price

for the ComEd zone as determined by PJM

Interconnection LLC, divided by 24 hours

per day, and (2) 50% multiplied by the

resource auction price determined in the

resource auction administered by the

Midcontinent Independent System Operator,

Inc., in which the largest percentage of

load cleared for Local Resource Zone 4,

divided by 24 hours per day, and where such

price is determined by the Midcontinent

Independent System Operator, Inc.

For purposes of this subsection (d-5):

"Rest of the RTO" and "ComEd Zone" shall have

the meaning ascribed to them by PJM

Interconnection, LLC.

"RTO" means regional transmission

organization.

(C) No later than 45 days after June 1, 2017 (the

effective date of Public Act 99-906), the Agency shall

publish its proposed zero emission standard

procurement plan. The plan shall be consistent with the

provisions of this paragraph (1) and shall provide that

winning bids shall be selected based on public interest

criteria that include, but are not limited to,

minimizing carbon dioxide emissions that result from

electricity consumed in Illinois and minimizing sulfur

dioxide, nitrogen oxide, and particulate matter

emissions that adversely affect the citizens of this

State. In particular, the selection of winning bids

shall take into account the incremental environmental

benefits resulting from the procurement, such as any

existing environmental benefits that are preserved by

the procurements held under Public Act 99-906 and would

cease to exist if the procurements were not held,

including the preservation of zero emission

facilities. The plan shall also describe in detail how

each public interest factor shall be considered and

weighted in the bid selection process to ensure that

the public interest criteria are applied to the

procurement and given full effect.

For purposes of developing the plan, the Agency

shall consider any reports issued by a State agency,

board, or commission under House Resolution 1146 of the

98th General Assembly and paragraph (4) of subsection

(d) of this Section 1-75 of this Act, as well as

publicly available analyses and studies performed by

or for regional transmission organizations that serve

the State and their independent market monitors.

Upon publishing of the zero emission standard

procurement plan, copies of the plan shall be posted

and made publicly available on the Agency's website.

All interested parties shall have 10 days following the

date of posting to provide comment to the Agency on the

plan. All comments shall be posted to the Agency's

website. Following the end of the comment period, but

no more than 60 days later than June 1, 2017 (the

effective date of Public Act 99-906), the Agency shall

revise the plan as necessary based on the comments

received and file its zero emission standard

procurement plan with the Commission.

If the Commission determines that the plan will

result in the procurement of cost-effective zero

emission credits, then the Commission shall, after

notice and hearing, but no later than 45 days after the

Agency filed the plan, approve the plan or approve with

modification. For purposes of this subsection (d-5),

"cost effective" means the projected costs of

procuring zero emission credits from zero emission

facilities do not cause the limit stated in paragraph

(2) of this subsection to be exceeded.

(C-5) As part of the Commission's review and

acceptance or rejection of the procurement results,

the Commission shall, in its public notice of

successful bidders:

(i) identify how the winning bids satisfy the

public interest criteria described in subparagraph

(C) of this paragraph (1) of minimizing carbon

dioxide emissions that result from electricity

consumed in Illinois and minimizing sulfur

dioxide, nitrogen oxide, and particulate matter

emissions that adversely affect the citizens of

this State;

(ii) specifically address how the selection of

winning bids takes into account the incremental

environmental benefits resulting from the

procurement, including any existing environmental

benefits that are preserved by the procurements

held under Public Act 99-906 and would have ceased

to exist if the procurements had not been held,

such as the preservation of zero emission

facilities;

(iii) quantify the environmental benefit of

preserving the resources identified in item (ii)

of this subparagraph (C-5), including the

following:

(aa) the value of avoided greenhouse gas

emissions measured as the product of the zero

emission facilities' output over the contract

term multiplied by the U.S. Environmental

Protection Agency eGrid subregion carbon

dioxide emission rate and the U.S. Interagency

Working Group on Social Cost of Carbon's price

in the August 2016 Technical Update using a 3%

discount rate, adjusted for inflation for each

delivery year; and

(bb) the costs of replacement with other

zero carbon dioxide resources, including wind

and photovoltaic, based upon the simple

average of the following:

(I) the price, or if there is more than

one price, the average of the prices, paid

for renewable energy credits from new

utility-scale wind projects in the

procurement events specified in item (i)

of subparagraph (G) of paragraph (1) of

subsection (c) of this Section 1-75 of this

Act; and

(II) the price, or if there is more

than one price, the average of the prices,

paid for renewable energy credits from new

utility-scale solar projects and

brownfield site photovoltaic projects in

the procurement events specified in item

(ii) of subparagraph (G) of paragraph (1)

of subsection (c) of this Section 1-75 of

this Act and, after January 1, 2015,

renewable energy credits from photovoltaic

distributed generation projects in

procurement events held under subsection

(c) of this Section 1-75 of this Act.

Each utility shall enter into binding contractual

arrangements with the winning suppliers.

The procurement described in this subsection

(d-5), including, but not limited to, the execution of

all contracts procured, shall be completed no later

than May 10, 2017. Based on the effective date of

Public Act 99-906, the Agency and Commission may, as

appropriate, modify the various dates and timelines

under this subparagraph and subparagraphs (C) and (D)

of this paragraph (1). The procurement and plan

approval processes required by this subsection (d-5)

shall be conducted in conjunction with the procurement

and plan approval processes required by subsection (c)

of this Section and Section 16-111.5 of the Public

Utilities Act, to the extent practicable.

Notwithstanding whether a procurement event is

conducted under Section 16-111.5 of the Public

Utilities Act, the Agency shall immediately initiate a

procurement process on June 1, 2017 (the effective date

of Public Act 99-906).

(D) Following the procurement event described in

this paragraph (1) and consistent with subparagraph

(B) of this paragraph (1), the Agency shall calculate

the payments to be made under each contract for the

next delivery year based on the market price index for

that delivery year. The Agency shall publish the

payment calculations no later than May 25, 2017 and

every May 25 thereafter.

(E) Notwithstanding the requirements of this

subsection (d-5), the contracts executed under this

subsection (d-5) shall provide that the zero emission

facility may, as applicable, suspend or terminate

performance under the contracts in the following

instances:

(i) A zero emission facility shall be excused

from its performance under the contract for any

cause beyond the control of the resource,

including, but not restricted to, acts of God,

flood, drought, earthquake, storm, fire,

lightning, epidemic, war, riot, civil disturbance

or disobedience, labor dispute, labor or material

shortage, sabotage, acts of public enemy,

explosions, orders, regulations or restrictions

imposed by governmental, military, or lawfully

established civilian authorities, which, in any of

the foregoing cases, by exercise of commercially

reasonable efforts the zero emission facility

could not reasonably have been expected to avoid,

and which, by the exercise of commercially

reasonable efforts, it has been unable to

overcome. In such event, the zero emission

facility shall be excused from performance for the

duration of the event, including, but not limited

to, delivery of zero emission credits, and no

payment shall be due to the zero emission facility

during the duration of the event.

(ii) A zero emission facility shall be

permitted to terminate the contract if legislation

is enacted into law by the General Assembly that

imposes or authorizes a new tax, special

assessment, or fee on the generation of

electricity, the ownership or leasehold of a

generating unit, or the privilege or occupation of

such generation, ownership, or leasehold of

generation units by a zero emission facility.

However, the provisions of this item (ii) do not

apply to any generally applicable tax, special

assessment or fee, or requirements imposed by

federal law.

(iii) A zero emission facility shall be

permitted to terminate the contract in the event

that the resource requires capital expenditures in

excess of $40,000,000 that were neither known nor

reasonably foreseeable at the time it executed the

contract and that a prudent owner or operator of

such resource would not undertake.

(iv) A zero emission facility shall be

permitted to terminate the contract in the event

the Nuclear Regulatory Commission terminates the

resource's license.

(F) If the zero emission facility elects to

terminate a contract under this subparagraph (E) , of

this paragraph (1), then the Commission shall reopen

the docket in which the Commission approved the zero

emission standard procurement plan under subparagraph

(C) of this paragraph (1) and, after notice and

hearing, enter an order acknowledging the contract

termination election if such termination is consistent

with the provisions of this subsection (d-5).

(2) For purposes of this subsection (d-5), the amount

paid per kilowatthour means the total amount paid for

electric service expressed on a per kilowatthour basis. For

purposes of this subsection (d-5), the total amount paid

for electric service includes, without limitation, amounts

paid for supply, transmission, distribution, surcharges,

and add-on taxes.

Notwithstanding the requirements of this subsection

(d-5), the contracts executed under this subsection (d-5)

shall provide that the total of zero emission credits

procured under a procurement plan shall be subject to the

limitations of this paragraph (2). For each delivery year,

the contractual volume receiving payments in such year

shall be reduced for all retail customers based on the

amount necessary to limit the net increase that delivery

year to the costs of those credits included in the amounts

paid by eligible retail customers in connection with

electric service to no more than 1.65% of the amount paid

per kilowatthour by eligible retail customers during the

year ending May 31, 2009. The result of this computation

shall apply to and reduce the procurement for all retail

customers, and all those customers shall pay the same

single, uniform cents per kilowatthour charge under

subsection (k) of Section 16-108 of the Public Utilities

Act. To arrive at a maximum dollar amount of zero emission

credits to be paid for the particular delivery year, the

resulting per kilowatthour amount shall be applied to the

actual amount of kilowatthours of electricity delivered by

the electric utility in the delivery year immediately prior

to the procurement, to all retail customers in its service

territory. Unpaid contractual volume for any delivery year

shall be paid in any subsequent delivery year in which such

payments can be made without exceeding the amount specified

in this paragraph (2). The calculations required by this

paragraph (2) shall be made only once for each procurement

plan year. Once the determination as to the amount of zero

emission credits to be paid is made based on the

calculations set forth in this paragraph (2), no subsequent

rate impact determinations shall be made and no adjustments

to those contract amounts shall be allowed. All costs

incurred under those contracts and in implementing this

subsection (d-5) shall be recovered by the electric utility

as provided in this Section.

No later than June 30, 2019, the Commission shall

review the limitation on the amount of zero emission

credits procured under this subsection (d-5) and report to

the General Assembly its findings as to whether that

limitation unduly constrains the procurement of

cost-effective zero emission credits.

(3) Six years after the execution of a contract under

this subsection (d-5), the Agency shall determine whether

the actual zero emission credit payments received by the

supplier over the 6-year period exceed the Average ZEC

Payment. In addition, at the end of the term of a contract

executed under this subsection (d-5), or at the time, if

any, a zero emission facility's contract is terminated

under subparagraph (E) of paragraph (1) of this subsection

(d-5), then the Agency shall determine whether the actual

zero emission credit payments received by the supplier over

the term of the contract exceed the Average ZEC Payment,

after taking into account any amounts previously credited

back to the utility under this paragraph (3). If the Agency

determines that the actual zero emission credit payments

received by the supplier over the relevant period exceed

the Average ZEC Payment, then the supplier shall credit the

difference back to the utility. The amount of the credit

shall be remitted to the applicable electric utility no

later than 120 days after the Agency's determination, which

the utility shall reflect as a credit on its retail

customer bills as soon as practicable; however, the credit

remitted to the utility shall not exceed the total amount

of payments received by the facility under its contract.

For purposes of this Section, the Average ZEC Payment

shall be calculated by multiplying the quantity of zero

emission credits delivered under the contract times the

average contract price. The average contract price shall be

determined by subtracting the amount calculated under

subparagraph (B) of this paragraph (3) from the amount

calculated under subparagraph (A) of this paragraph (3), as

follows:

(A) The average of the Social Cost of Carbon, as

defined in subparagraph (B) of paragraph (1) of this

subsection (d-5), during the term of the contract.

(B) The average of the market price indices, as

defined in subparagraph (B) of paragraph (1) of this

subsection (d-5), during the term of the contract,

minus the baseline market price index, as defined in

subparagraph (B) of paragraph (1) of this subsection

(d-5).

If the subtraction yields a negative number, then the

Average ZEC Payment shall be zero.

(4) Cost-effective zero emission credits procured from

zero emission facilities shall satisfy the applicable

definitions set forth in Section 1-10 of this Act.

(5) The electric utility shall retire all zero emission

credits used to comply with the requirements of this

subsection (d-5).

(6) Electric utilities shall be entitled to recover all

of the costs associated with the procurement of zero

emission credits through an automatic adjustment clause

tariff in accordance with subsection (k) and (m) of Section

16-108 of the Public Utilities Act, and the contracts

executed under this subsection (d-5) shall provide that the

utilities' payment obligations under such contracts shall

be reduced if an adjustment is required under subsection

(m) of Section 16-108 of the Public Utilities Act.

(7) This subsection (d-5) shall become inoperative on

January 1, 2028.

(e) The draft procurement plans are subject to public

comment, as required by Section 16-111.5 of the Public

Utilities Act.

(f) The Agency shall submit the final procurement plan to

the Commission. The Agency shall revise a procurement plan if

the Commission determines that it does not meet the standards

set forth in Section 16-111.5 of the Public Utilities Act.

(g) The Agency shall assess fees to each affected utility

to recover the costs incurred in preparation of the annual

procurement plan for the utility.

(h) The Agency shall assess fees to each bidder to recover

the costs incurred in connection with a competitive procurement

process.

(i) A renewable energy credit, carbon emission credit, or

zero emission credit can only be used once to comply with a

single portfolio or other standard as set forth in subsection

(c), subsection (d), or subsection (d-5) of this Section,

respectively. A renewable energy credit, carbon emission

credit, or zero emission credit cannot be used to satisfy the

requirements of more than one standard. If more than one type

of credit is issued for the same megawatt hour of energy, only

one credit can be used to satisfy the requirements of a single

standard. After such use, the credit must be retired together

with any other credits issued for the same megawatt hour of

energy.

(Source: P.A. 99-536, eff. 7-8-16; 99-906, eff. 6-1-17;

100-863, eff. 8-14-18; revised 10-18-18.)

Section 205. The Illinois Century Network Act is amended by

changing Section 15 as follows:

(20 ILCS 3921/15)

Sec. 15. Management of the Illinois Century Network. (a)

The Department of Innovation and Technology shall govern the

staffing and contractual services necessary to support the

activities of the Illinois Century Network.

(b) (Blank).

(Source: P.A. 100-611, eff. 7-20-18; revised 10-11-18.)

Section 210. The Illinois Criminal Justice Information Act

is amended by changing Section 9.1 as follows:

(20 ILCS 3930/9.1)

(Text of Section before amendment by P.A. 100-987)

Sec. 9.1. Criminal Justice Information Projects Fund. The

Criminal Justice Information Projects Fund is hereby created as

a special fund in the State Treasury. Grants and other moneys

obtained by the Authority from governmental entities (other

than the federal government), private sources, and

not-for-profit organizations for use in investigating criminal

justice issues or undertaking other criminal justice

information projects, or pursuant to the uses identified in

Section 21.10 of the Illinois Lottery Law, shall be deposited

into the Fund. Moneys in the Fund may be used by the Authority,

subject to appropriation, for undertaking such projects and for

the operating and other expenses of the Authority incidental to

those projects. Any interest earned on moneys in the Fund must

be deposited into the Fund.

(Source: P.A. 100-647, eff. 7-30-18.)

(Text of Section after amendment by P.A. 100-987)

Sec. 9.1. Criminal Justice Information Projects Fund. The

Criminal Justice Information Projects Fund is hereby created as

a special fund in the State Treasury. Grants and other moneys

obtained by the Authority from governmental entities (other

than the federal government), private sources, and

not-for-profit organizations for use in investigating criminal

justice issues or undertaking other criminal justice

information projects, or pursuant to the uses identified in

Section 21.10 of the Illinois Lottery Law, shall be deposited

into the Fund. Moneys in the Fund may be used by the Authority,

subject to appropriation, for undertaking such projects and for

the operating and other expenses of the Authority incidental to

those projects, and for the costs associated with making grants

from the Prescription Pill and Drug Disposal Fund. The moneys

deposited into the Criminal Justice Information Projects Fund

under Sections 15-15 and 15-35 of the Criminal and Traffic

Assessment Act shall be appropriated to and administered by the

Illinois Criminal Justice Information Authority for

distribution to fund Department of State Police drug task

forces and Metropolitan Enforcement Groups by dividing the

funds equally by the total number of Department of State Police

drug task forces and Illinois Metropolitan Enforcement Groups.

Any interest earned on moneys in the Fund must be deposited

into the Fund.

(Source: P.A. 100-647, eff. 7-30-18; 100-987, eff. 7-1-19;

revised 9-25-18.)

Section 215. The Illinois Health Facilities Planning Act is

amended by changing Sections 3, 4.2, and 13 as follows:

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

(Section scheduled to be repealed on December 31, 2029)

Sec. 3. Definitions. As used in this Act:

"Health care facilities" means and includes the following

facilities, organizations, and related persons:

(1) An ambulatory surgical treatment center required

to be licensed pursuant to the Ambulatory Surgical

Treatment Center Act.

(2) An institution, place, building, or agency

required to be licensed pursuant to the Hospital Licensing

Act.

(3) Skilled and intermediate long term care facilities

licensed under the Nursing Home Care Act.

(A) If a demonstration project under the Nursing

Home Care Act applies for a certificate of need to

convert to a nursing facility, it shall meet the

licensure and certificate of need requirements in

effect as of the date of application.

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

subsection, this Act does not apply to facilities

granted waivers under Section 3-102.2 of the Nursing

Home Care Act.

(3.5) Skilled and intermediate care facilities

licensed under the ID/DD Community Care Act or the MC/DD

Act. No permit or exemption is required for a facility

licensed under the ID/DD Community Care Act or the MC/DD

Act prior to the reduction of the number of beds at a

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

facility licensed under the ID/DD Community Care Act or the

MC/DD Act, this is a discontinuation or closure of the

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

Care Act or the MC/DD Act reduces the number of beds or

discontinues the facility, that facility must notify the

Board as provided in Section 14.1 of this Act.

(3.7) Facilities licensed under the Specialized Mental

Health Rehabilitation Act of 2013.

(4) Hospitals, nursing homes, ambulatory surgical

treatment centers, or kidney disease treatment centers

maintained by the State or any department or agency

thereof.

(5) Kidney disease treatment centers, including a

free-standing hemodialysis unit required to meet the

requirements of 42 CFR 494 in order to be certified for

participation in Medicare and Medicaid under Titles XVIII

and XIX of the federal Social Security Act.

(A) This Act does not apply to a dialysis facility

that provides only dialysis training, support, and

related services to individuals with end stage renal

disease who have elected to receive home dialysis.

(B) This Act does not apply to a dialysis unit

located in a licensed nursing home that offers or

provides dialysis-related services to residents with

end stage renal disease who have elected to receive

home dialysis within the nursing home.

(C) The Board, however, may require dialysis

facilities and licensed nursing homes under items (A)

and (B) of this subsection to report statistical

information on a quarterly basis to the Board to be

used by the Board to conduct analyses on the need for

proposed kidney disease treatment centers.

(6) An institution, place, building, or room used for

the performance of outpatient surgical procedures that is

leased, owned, or operated by or on behalf of an

out-of-state facility.

(7) An institution, place, building, or room used for

provision of a health care category of service, including,

but not limited to, cardiac catheterization and open heart

surgery.

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

major medical equipment used in the direct clinical

diagnosis or treatment of patients, and whose project cost

is in excess of the capital expenditure minimum.

"Health care facilities" does not include the following

entities or facility transactions:

(1) Federally-owned facilities.

(2) Facilities used solely for healing by prayer or

spiritual means.

(3) An existing facility located on any campus facility

as defined in Section 5-5.8b of the Illinois Public Aid

Code, provided that the campus facility encompasses 30 or

more contiguous acres and that the new or renovated

facility is intended for use by a licensed residential

facility.

(4) Facilities licensed under the Supportive

Residences Licensing Act or the Assisted Living and Shared

Housing Act.

(5) Facilities designated as supportive living

facilities that are in good standing with the program

established under Section 5-5.01a of the Illinois Public

Aid Code.

(6) Facilities established and operating under the

Alternative Health Care Delivery Act as a children's

community-based health care center alternative health care

model demonstration program or as an Alzheimer's Disease

Management Center alternative health care model

demonstration program.

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

licensed under the Nursing Home Care Act, the Specialized

Mental Health Rehabilitation Act of 2013, the ID/DD

Community Care Act, or the MC/DD Act, with the exception of

facilities operated by a county or Illinois Veterans Homes,

that elect to convert, in whole or in part, to an assisted

living or shared housing establishment licensed under the

Assisted Living and Shared Housing Act and with the

exception of a facility licensed under the Specialized

Mental Health Rehabilitation Act of 2013 in connection with

a proposal to close a facility and re-establish the

facility in another location.

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

that is licensed under the Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act of 2013, the

ID/DD Community Care Act, or the MC/DD Act, with the

exception of facilities operated by a county or Illinois

Veterans Homes. Changes of ownership of facilities

licensed under the Nursing Home Care Act must meet the

requirements set forth in Sections 3-101 through 3-119 of

the Nursing Home Care Act.

(9) Any project the Department of Healthcare and Family

Services certifies was approved by the Hospital

Transformation Review Committee as a project subject to the

hospital's transformation under subsection (d-5) of

Section 14-12 of the Illinois Public Aid Code, provided the

hospital shall submit the certification to the Board.

Nothing in this paragraph excludes a health care facility

from the requirements of this Act after the approved

transformation project is complete. All other requirements

under this Act continue to apply. Hospitals that are not

subject to this Act under this paragraph shall notify the

Health Facilities and Services Review Board within 30 days

of the dates that bed changes or service changes occur.

With the exception of those health care facilities

specifically included in this Section, nothing in this Act

shall be intended to include facilities operated as a part of

the practice of a physician or other licensed health care

professional, whether practicing in his individual capacity or

within the legal structure of any partnership, medical or

professional corporation, or unincorporated medical or

professional group. Further, this Act shall not apply to

physicians or other licensed health care professional's

practices where such practices are carried out in a portion of

a health care facility under contract with such health care

facility by a physician or by other licensed health care

professionals, whether practicing in his individual capacity

or within the legal structure of any partnership, medical or

professional corporation, or unincorporated medical or

professional groups, unless the entity constructs, modifies,

or establishes a health care facility as specifically defined

in this Section. This Act shall apply to construction or

modification and to establishment by such health care facility

of such contracted portion which is subject to facility

licensing requirements, irrespective of the party responsible

for such action or attendant financial obligation.

"Person" means any one or more natural persons, legal

entities, governmental bodies other than federal, or any

combination thereof.

"Consumer" means any person other than a person (a) whose

major occupation currently involves or whose official capacity

within the last 12 months has involved the providing,

administering or financing of any type of health care facility,

(b) who is engaged in health research or the teaching of

health, (c) who has a material financial interest in any

activity which involves the providing, administering or

financing of any type of health care facility, or (d) who is or

ever has been a member of the immediate family of the person

defined by item (a), (b), or (c).

"State Board" or "Board" means the Health Facilities and

Services Review Board.

"Construction or modification" means the establishment,

erection, building, alteration, reconstruction, modernization,

improvement, extension, discontinuation, change of ownership,

of or by a health care facility, or the purchase or acquisition

by or through a health care facility of equipment or service

for diagnostic or therapeutic purposes or for facility

administration or operation, or any capital expenditure made by

or on behalf of a health care facility which exceeds the

capital expenditure minimum; however, any capital expenditure

made by or on behalf of a health care facility for (i) the

construction or modification of a facility licensed under the

Assisted Living and Shared Housing Act or (ii) a conversion

project undertaken in accordance with Section 30 of the Older

Adult Services Act shall be excluded from any obligations under

this Act.

"Establish" means the construction of a health care

facility or the replacement of an existing facility on another

site or the initiation of a category of service.

"Major medical equipment" means medical equipment which is

used for the provision of medical and other health services and

which costs in excess of the capital expenditure minimum,

except that such term does not include medical equipment

acquired by or on behalf of a clinical laboratory to provide

clinical laboratory services if the clinical laboratory is

independent of a physician's office and a hospital and it has

been determined under Title XVIII of the Social Security Act to

meet the requirements of paragraphs (10) and (11) of Section

1861(s) of such Act. In determining whether medical equipment

has a value in excess of the capital expenditure minimum, the

value of studies, surveys, designs, plans, working drawings,

specifications, and other activities essential to the

acquisition of such equipment shall be included.

"Capital expenditure" means an expenditure: (A) made by or

on behalf of a health care facility (as such a facility is

defined in this Act); and (B) which under generally accepted

accounting principles is not properly chargeable as an expense

of operation and maintenance, or is made to obtain by lease or

comparable arrangement any facility or part thereof or any

equipment for a facility or part; and which exceeds the capital

expenditure minimum.

For the purpose of this paragraph, the cost of any studies,

surveys, designs, plans, working drawings, specifications, and

other activities essential to the acquisition, improvement,

expansion, or replacement of any plant or equipment with

respect to which an expenditure is made shall be included in

determining if such expenditure exceeds the capital

expenditures minimum. Unless otherwise interdependent, or

submitted as one project by the applicant, components of

construction or modification undertaken by means of a single

construction contract or financed through the issuance of a

single debt instrument shall not be grouped together as one

project. Donations of equipment or facilities to a health care

facility which if acquired directly by such facility would be

subject to review under this Act shall be considered capital

expenditures, and a transfer of equipment or facilities for

less than fair market value shall be considered a capital

expenditure for purposes of this Act if a transfer of the

equipment or facilities at fair market value would be subject

to review.

"Capital expenditure minimum" means $11,500,000 for

projects by hospital applicants, $6,500,000 for applicants for

projects related to skilled and intermediate care long-term

care facilities licensed under the Nursing Home Care Act, and

$3,000,000 for projects by all other applicants, which shall be

annually adjusted to reflect the increase in construction costs

due to inflation, for major medical equipment and for all other

capital expenditures.

"Financial commitment" means the commitment of at least 33%

of total funds assigned to cover total project cost, which

occurs by the actual expenditure of 33% or more of the total

project cost or the commitment to expend 33% or more of the

total project cost by signed contracts or other legal means.

"Non-clinical service area" means an area (i) for the

benefit of the patients, visitors, staff, or employees of a

health care facility and (ii) not directly related to the

diagnosis, treatment, or rehabilitation of persons receiving

services from the health care facility. "Non-clinical service

areas" include, but are not limited to, chapels; gift shops;

news stands; computer systems; tunnels, walkways, and

elevators; telephone systems; projects to comply with life

safety codes; educational facilities; student housing;

patient, employee, staff, and visitor dining areas;

administration and volunteer offices; modernization of

structural components (such as roof replacement and masonry

work); boiler repair or replacement; vehicle maintenance and

storage facilities; parking facilities; mechanical systems for

heating, ventilation, and air conditioning; loading docks; and

repair or replacement of carpeting, tile, wall coverings,

window coverings or treatments, or furniture. Solely for the

purpose of this definition, "non-clinical service area" does

not include health and fitness centers.

"Areawide" means a major area of the State delineated on a

geographic, demographic, and functional basis for health

planning and for health service and having within it one or

more local areas for health planning and health service. The

term "region", as contrasted with the term "subregion", and the

word "area" may be used synonymously with the term "areawide".

"Local" means a subarea of a delineated major area that on

a geographic, demographic, and functional basis may be

considered to be part of such major area. The term "subregion"

may be used synonymously with the term "local".

"Physician" means a person licensed to practice in

accordance with the Medical Practice Act of 1987, as amended.

"Licensed health care professional" means a person

licensed to practice a health profession under pertinent

licensing statutes of the State of Illinois.

"Director" means the Director of the Illinois Department of

Public Health.

"Agency" or "Department" means the Illinois Department of

Public Health.

"Alternative health care model" means a facility or program

authorized under the Alternative Health Care Delivery Act.

"Out-of-state facility" means a person that is both (i)

licensed as a hospital or as an ambulatory surgery center under

the laws of another state or that qualifies as a hospital or an

ambulatory surgery center under regulations adopted pursuant

to the Social Security Act and (ii) not licensed under the

Ambulatory Surgical Treatment Center Act, the Hospital

Licensing Act, or the Nursing Home Care Act. Affiliates of

out-of-state facilities shall be considered out-of-state

facilities. Affiliates of Illinois licensed health care

facilities 100% owned by an Illinois licensed health care

facility, its parent, or Illinois physicians licensed to

practice medicine in all its branches shall not be considered

out-of-state facilities. Nothing in this definition shall be

construed to include an office or any part of an office of a

physician licensed to practice medicine in all its branches in

Illinois that is not required to be licensed under the

Ambulatory Surgical Treatment Center Act.

"Change of ownership of a health care facility" means a

change in the person who has ownership or control of a health

care facility's physical plant and capital assets. A change in

ownership is indicated by the following transactions: sale,

transfer, acquisition, lease, change of sponsorship, or other

means of transferring control.

"Related person" means any person that: (i) is at least 50%

owned, directly or indirectly, by either the health care

facility or a person owning, directly or indirectly, at least

50% of the health care facility; or (ii) owns, directly or

indirectly, at least 50% of the health care facility.

"Charity care" means care provided by a health care

facility for which the provider does not expect to receive

payment from the patient or a third-party payer.

"Freestanding emergency center" means a facility subject

to licensure under Section 32.5 of the Emergency Medical

Services (EMS) Systems Act.

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

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

or treatment provided to patients or residents, including, but

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

or cardiac catheterization. A category of service may include

subcategories or levels of care that identify a particular

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

in this definition shall be construed to include the practice

of a physician or other licensed health care professional while

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

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

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

the Board.

"State Board Staff Report" means the document that sets

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

prescribed by the State Board, regarding applications subject

to Board jurisdiction.

(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;

99-527, eff. 1-1-17; 100-518, eff. 6-1-18; 100-581, eff.

3-12-18; 100-957, eff. 8-19-18; revised 12-13-18.)

(20 ILCS 3960/4.2)

(Section scheduled to be repealed on December 31, 2029)

Sec. 4.2. Ex parte communications.

(a) Except in the disposition of matters that agencies are

authorized by law to entertain or dispose of on an ex parte

basis including, but not limited to rulemaking rule making, the

State Board, any State Board member, employee, or a hearing

officer shall not engage in ex parte communication in

connection with the substance of any formally filed application

for a permit with any person or party or the representative of

any party. This subsection (a) applies when the Board, member,

employee, or hearing officer knows, or should know upon

reasonable inquiry, that the application or exemption has been

formally filed with the Board. Nothing in this Section shall

prohibit staff members from providing technical assistance to

applicants. Nothing in this Section shall prohibit staff from

verifying or clarifying an applicant's information as it

prepares the State Board Staff Report. Once an application for

permit or exemption is filed and deemed complete, a written

record of any communication between staff and an applicant

shall be prepared by staff and made part of the public record,

using a prescribed, standardized format, and shall be included

in the application file.

(b) A State Board member or employee may communicate with

other members or employees and any State Board member or

hearing officer may have the aid and advice of one or more

personal assistants.

(c) An ex parte communication received by the State Board,

any State Board member, employee, or a hearing officer shall be

made a part of the record of the matter, including all written

communications, all written responses to the communications,

and a memorandum stating the substance of all oral

communications and all responses made and the identity of each

person from whom the ex parte communication was received.

(d) "Ex parte communication" means a communication between

a person who is not a State Board member or employee and a

State Board member or employee that reflects on the substance

of a pending or impending State Board proceeding and that takes

place outside the record of the proceeding. Communications

regarding matters of procedure and practice, such as the format

of pleading, number of copies required, manner of service, and

status of proceedings, are not considered ex parte

communications. Technical assistance with respect to an

application, not intended to influence any decision on the

application, may be provided by employees to the applicant. Any

assistance shall be documented in writing by the applicant and

employees within 10 business days after the assistance is

provided.

(e) For purposes of this Section, "employee" means a person

the State Board or the Agency employs on a full-time,

part-time, contract, or intern basis.

(f) The State Board, State Board member, or hearing

examiner presiding over the proceeding, in the event of a

violation of this Section, must take whatever action is

necessary to ensure that the violation does not prejudice any

party or adversely affect the fairness of the proceedings.

(g) Nothing in this Section shall be construed to prevent

the State Board or any member of the State Board from

consulting with the attorney for the State Board.

(Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18;

revised 12-13-18.)

(20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)

(Section scheduled to be repealed on December 31, 2029)

Sec. 13. Investigation of applications for permits. The

State Board shall make or cause to be made such investigations

as it deems necessary in connection with an application for a

permit, or in connection with a determination of whether or not

construction or modification that has been commenced is in

accord with the permit issued by the State Board, or whether

construction or modification has been commenced without a

permit having been obtained. The State Board may issue

subpoenas duces tecum requiring the production of records and

may administer oaths to such witnesses.

Any circuit court of this State, upon the application of

the State Board or upon the application of any party to such

proceedings, may, in its discretion, compel the attendance of

witnesses, the production of books, papers, records, or

memoranda and the giving of testimony before the State Board,

by a proceeding as for contempt, or otherwise, in the same

manner as production of evidence may be compelled before the

court.

The State Board shall require all health facilities

operating in this State to provide such reasonable reports at

such times and containing such information as is needed by it

to carry out the purposes and provisions of this Act. Prior to

collecting information from health facilities, the State Board

shall make reasonable efforts through a public process to

consult with health facilities and associations that represent

them to determine whether data and information requests will

result in useful information for health planning, whether

sufficient information is available from other sources, and

whether data requested is routinely collected by health

facilities and is available without retrospective record

review. Data and information requests shall not impose undue

paperwork burdens on health care facilities and personnel.

Health facilities not complying with this requirement shall be

reported to licensing, accrediting, certifying, or payment

agencies as being in violation of State law. Health care

facilities and other parties at interest shall have reasonable

access, under rules established by the State Board, to all

planning information submitted in accord with this Act

pertaining to their area.

Among the reports to be required by the State Board are

facility questionnaires for health care facilities licensed

under the Ambulatory Surgical Treatment Center Act, the

Hospital Licensing Act, the Nursing Home Care Act, the ID/DD

Community Care Act, the MC/DD Act, or the Specialized Mental

Health Rehabilitation Act of 2013 and health care facilities

that are required to meet the requirements of 42 CFR 494 in

order to be certified for participation in Medicare and

Medicaid under Titles XVIII and XIX of the federal Social

Security Act. These questionnaires shall be conducted on an

annual basis and compiled by the State Board. For health care

facilities licensed under the Nursing Home Care Act or the

Specialized Mental Health Rehabilitation Act of 2013, these

reports shall include, but not be limited to, the

identification of specialty services provided by the facility

to patients, residents, and the community at large. Annual

reports for facilities licensed under the ID/DD Community Care

Act and facilities licensed under the MC/DD Act shall be

different from the annual reports required of other health care

facilities and shall be specific to those facilities licensed

under the ID/DD Community Care Act or the MC/DD Act. The Health

Facilities and Services Review Board shall consult with

associations representing facilities licensed under the ID/DD

Community Care Act and associations representing facilities

licensed under the MC/DD Act when developing the information

requested in these annual reports. For health care facilities

that contain long term care beds, the reports shall also

include the number of staffed long term care beds, physical

capacity for long term care beds at the facility, and long term

care beds available for immediate occupancy. For purposes of

this paragraph, "long term care beds" means beds (i) licensed

under the Nursing Home Care Act, (ii) licensed under the ID/DD

Community Care Act, (iii) licensed under the MC/DD Act, (iv)

licensed under the Hospital Licensing Act, or (v) licensed

under the Specialized Mental Health Rehabilitation Act of 2013

and certified as skilled nursing or nursing facility beds under

Medicaid or Medicare.

(Source: P.A. 99-180, eff. 7-29-15; 100-681, eff. 8-3-18;

100-957, eff. 8-19-18; revised 12-13-18.)

Section 220. The Illinois Plain Language Task Force Act is

amended by changing Section 30 as follows:

(20 ILCS 4090/30)

Sec. 30. Plain language State government communications.

Recognizing the importance of plain language in communication

with the public:

(1) the General Assembly shall draft legislation and

other public-facing documents using plain language when

practicable; and

(2) the executive and judicial branches of State

government are advised to make all efforts to draft

executive orders, court documents, and other public-facing

public facing documents using plain language.

(Source: P.A. 100-1108, eff. 8-27-18; revised 10-11-18.)

Section 225. The Illinois Route 66 Centennial Commission

Act is amended by changing Section 45 as follows:

(20 ILCS 5125/45)

(Section scheduled to be repealed on December 1, 2027)

Sec. 45. Dissolution of the Commission. No later than June

30, 2027, a final report on the Commission's activities shall

be delivered to the Governor. The Commission shall be dissolved

on June 30, 2027, and any assets remaining in the Illinois

Route 66 Centennial Commission Trust Fund shall be deposited

into in to the General Revenue Fund.

(Source: P.A. 100-649, eff. 1-1-19; revised 10-11-18.)

Section 230. The Illinois State Auditing Act is amended by

changing Section 2-16 as follows:

(30 ILCS 5/2-16)

Sec. 2-16. Contract aspirational goals. The Auditor

General shall establish aspirational goals for contract awards

substantially in accordance with the Business Enterprise for

Minorities, Women, and Persons with Disabilities Act, unless

otherwise governed by other law. The Auditor General shall not

be subject to the jurisdiction of the Business Enterprise

Council established under the Business Enterprise for

Minorities, Women, and Persons with Disabilities Act with

regard to steps taken to achieve aspirational goals. The

Auditor General shall annually post the Office's utilization of

businesses owned by minorities, women, and persons with

disabilities during the preceding fiscal year on the Office's

Internet websites.

(Source: P.A. 100-801, eff. 8-10-18; revised 9-27-18.)

Section 235. The State Finance Act is amended by setting

forth and renumbering multiple versions of Sections 5.886 and

6z-105 and by changing Sections 6p-1, 8.16a, 9.03, 9.04, and

13.2 as follows:

(30 ILCS 105/5.886)

Sec. 5.886. The VW Settlement Environmental Mitigation

Fund.

(Source: P.A. 100-587, eff. 6-4-18.)

(30 ILCS 105/5.887)

Sec. 5.887 5.886. The High-Speed Rail Rolling Stock Fund.

(Source: P.A. 100-773, eff. 1-1-19; revised 9-12-18.)

(30 ILCS 105/5.888)

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

delayed effective date)

Sec. 5.888 5.886. The State Police Law Enforcement

Administration Fund.

(Source: P.A. 100-987, eff. 7-1-19; revised 9-12-18.)

(30 ILCS 105/5.889)

Sec. 5.889 5.886. The Homelessness Prevention Revenue

Fund.

(Source: P.A. 100-1068, eff. 8-24-18; revised 9-12-18.)

(30 ILCS 105/5.890)

Sec. 5.890 5.886. The Industrial Hemp Regulatory Fund.

(Source: P.A. 100-1091, eff. 8-26-18; revised 9-12-18.)

(30 ILCS 105/5.892)

Sec. 5.892 5.886. The Firearm Dealer License Certification

Fund.

(Source: P.A. 100-1178, eff. 1-18-19; revised 1-26-19.)

(30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)

Sec. 6p-1. The Technology Management Revolving Fund

(formerly known as the Statistical Services Revolving Fund)

shall be initially financed by a transfer of funds from the

General Revenue Fund. Thereafter, all fees and other monies

received by the Department of Innovation and Technology in

payment for information technology and related services

rendered pursuant to subsection (b) of Section 1-30 30 of the

Department of Innovation and Technology Act shall be paid into

the Technology Management Revolving Fund. On and after July 1,

2017, or after sufficient moneys have been received in the

Communications Revolving Fund to pay all Fiscal Year 2017

obligations payable from the Fund, whichever is later, all fees

and other moneys received by the Department of Central

Management Services in payment for communications services

rendered pursuant to the Department of Central Management

Services Law of the Civil Administrative Code of Illinois or

sale of surplus State communications equipment shall be paid

into the Technology Management Revolving Fund. The money in

this fund shall be used by the Department of Innovation and

Technology as reimbursement for expenditures incurred in

rendering information technology and related services and,

beginning July 1, 2017, as reimbursement for expenditures

incurred in relation to communications services.

(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;

revised 10-11-18.)

(30 ILCS 105/6z-105)

Sec. 6z-105. The VW Settlement Environmental Mitigation

Fund. The VW Settlement Environmental Mitigation Fund is

created as a special fund in the State Treasury to receive

moneys from the State Mitigation Trust established pursuant to

the Environmental Mitigation Trust Agreement for State

Beneficiaries ("Trust Agreement") pursuant to consent decrees

in In re: Volkswagen "Clean Diesel" Marketing, Sales Practices,

and Products Liability Litigation, MDL No. 2672 CRB (JSC) ("VW

Settlement"). All funds received by the State from the State

Mitigation Trust shall be deposited into the VW Settlement

Environmental Mitigation Fund to be used, subject to

appropriation by the General Assembly, by the Illinois

Environmental Protection Agency as designated lead agency for

the State of Illinois, to pay for costs of eligible mitigation

actions and related administrative expenditures as allowed

under the VW Settlement, the Trust Agreement, and the State's

Beneficiary Mitigation Plan.

(Source: P.A. 100-587, eff. 6-4-18.)

(30 ILCS 105/6z-106)

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

delayed effective date)

Sec. 6z-106 6z-105. State Police Law Enforcement

Administration Fund.

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

known as the State Police Law Enforcement Administration Fund.

The Fund shall receive revenue under subsection (c) of Section

10-5 of the Criminal and Traffic Assessment Act. The Fund may

also receive revenue from grants, donations, appropriations,

and any other legal source.

(b) The Department of State Police may use moneys in the

Fund to finance any of its lawful purposes or functions;

however, the primary purpose shall be to finance State Police

cadet classes in May and October of each year.

(c) Expenditures may be made from the Fund only as

appropriated by the General Assembly by law.

(d) Investment income that is attributable to the

investment of moneys in the Fund shall be retained in the Fund

for the uses specified in this Section.

(e) The State Police Law Enforcement Administration Fund

shall not be subject to administrative chargebacks.

(Source: P.A. 100-987, eff. 7-1-19; revised 10-8-18.)

(30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)

Sec. 8.16a. Appropriations for the procurement,

installation, retention, maintenance, and operation of

electronic data processing and information technology devices

and software used by State agencies subject to subsection (b)

of Section 1-30 30 of the Department of Innovation and

Technology Act, the purchase of necessary supplies and

equipment and accessories thereto, and all other expenses

incident to the operation and maintenance of those electronic

data processing and information technology devices and

software are payable from the Technology Management Revolving

Fund. However, no contract shall be entered into or obligation

incurred for any expenditure from the Technology Management

Revolving Fund until after the purpose and amount has been

approved in writing by the Secretary of Innovation and

Technology. Until there are sufficient funds in the Technology

Management Revolving Fund (formerly known as the Statistical

Services Revolving Fund) to carry out the purposes of this

amendatory Act of 1965, however, the State agencies subject to

subsection (b) of Section 1-30 30 of the Department of

Innovation and Technology Act shall, on written approval of the

Secretary of Innovation and Technology, pay the cost of

operating and maintaining electronic data processing systems

from current appropriations as classified and standardized in

the State Finance Act.

(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;

revised 10-11-18.)

(30 ILCS 105/9.03) (from Ch. 127, par. 145d)

Sec. 9.03. The certification on every State payroll voucher

shall be as follows:

"I certify that the employees named, their respective

indicated positions and service times, and appropriation to be

charged, as shown on the accompanying payroll sheets are true,

complete, correct and according to the provisions of law; that

such employees are involved in decision making or have direct

line responsibility to a person who has decision making

authority concerning the objectives, functions, goals and

policies of the organizational unit for which the appropriation

was made; that the results of the work performed by these

employees and that substantially all of their working time is

directly related to the objectives, functions, goals, and

policies of the organizational unit for which the appropriation

is made; that all working time was expended in the service of

the State; and that the employees named are entitled to payment

in the amounts indicated. If applicable, the reporting

requirements of Section 5.1 of the Governor's Office of

Management and Budget Act have been met.

............................ ..............................

(Date) (Signature)"

For departments under the Civil Administrative Code of

Illinois, the foregoing certification shall be executed by the

Chief Executive Officer of the department from whose

appropriation the payment will be made or his designee, in

addition to any other certifications or approvals which may be

required by law.

The foregoing certification shall not be required for

expenditures from amounts appropriated to the Comptroller for

payment of the salaries of State officers.

For appropriations for the Office of the Governor enacted

after July 31, 2018 (the effective date of Public Act 100-655)

this amendatory Act of the 100th General Assembly, (1) the

foregoing certification shall be required for expenditures

from amounts appropriated to the Office of the Governor for

payment of salaries of Governor's Office employees and executed

by the Governor, or his or her designee, in addition to any

other certifications or approvals which may be required by law

to be made; and (2) in no event shall salaries of employees of

the Office of the Governor be paid from appropriations other

than those established for that purpose.

(Source: P.A. 100-655, eff. 7-31-18; revised 10-11-18.)

(30 ILCS 105/9.04) (from Ch. 127, par. 145e)

Sec. 9.04. The certification on behalf of the State agency

on every State voucher for goods and services other than a

payroll or travel voucher shall be as follows:

"I certify that the goods or services specified on this

voucher were for the use of this agency and that the

expenditure for such goods or services was authorized and

lawfully incurred; that such goods or services meet all the

required standards set forth in the purchase agreement or

contract to which this voucher relates; and that the amount

shown on this voucher is correct and is approved for payment.

If applicable, the reporting requirements of Section 5.1 of the

Governor's Office of Management and Budget Act have been met.

........................ ............................

(Date) (Signature)"

For departments under the Civil Administrative Code of

Illinois, the foregoing certification shall be executed by the

Chief Executive Officer of the department from whose

appropriation the payment will be made or his designee, in

addition to any other certifications or approvals which may be

required by law.

(Source: P.A. 94-793, eff. 5-19-06; revised 10-11-18.)

(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)

Sec. 13.2. Transfers among line item appropriations.

(a) Transfers among line item appropriations from the same

treasury fund for the objects specified in this Section may be

made in the manner provided in this Section when the balance

remaining in one or more such line item appropriations is

insufficient for the purpose for which the appropriation was

made.

(a-1) No transfers may be made from one agency to another

agency, nor may transfers be made from one institution of

higher education to another institution of higher education

except as provided by subsection (a-4).

(a-2) Except as otherwise provided in this Section,

transfers may be made only among the objects of expenditure

enumerated in this Section, except that no funds may be

transferred from any appropriation for personal services, from

any appropriation for State contributions to the State

Employees' Retirement System, from any separate appropriation

for employee retirement contributions paid by the employer, nor

from any appropriation for State contribution for employee

group insurance. During State fiscal year 2005, an agency may

transfer amounts among its appropriations within the same

treasury fund for personal services, employee retirement

contributions paid by employer, and State Contributions to

retirement systems; notwithstanding and in addition to the

transfers authorized in subsection (c) of this Section, the

fiscal year 2005 transfers authorized in this sentence may be

made in an amount not to exceed 2% of the aggregate amount

appropriated to an agency within the same treasury fund. During

State fiscal year 2007, the Departments of Children and Family

Services, Corrections, Human Services, and Juvenile Justice

may transfer amounts among their respective appropriations

within the same treasury fund for personal services, employee

retirement contributions paid by employer, and State

contributions to retirement systems. During State fiscal year

2010, the Department of Transportation may transfer amounts

among their respective appropriations within the same treasury

fund for personal services, employee retirement contributions

paid by employer, and State contributions to retirement

systems. During State fiscal years 2010 and 2014 only, an

agency may transfer amounts among its respective

appropriations within the same treasury fund for personal

services, employee retirement contributions paid by employer,

and State contributions to retirement systems.

Notwithstanding, and in addition to, the transfers authorized

in subsection (c) of this Section, these transfers may be made

in an amount not to exceed 2% of the aggregate amount

appropriated to an agency within the same treasury fund.

(a-2.5) During State fiscal year 2015 only, the State's

Attorneys Appellate Prosecutor may transfer amounts among its

respective appropriations contained in operational line items

within the same treasury fund. Notwithstanding, and in addition

to, the transfers authorized in subsection (c) of this Section,

these transfers may be made in an amount not to exceed 4% of

the aggregate amount appropriated to the State's Attorneys

Appellate Prosecutor within the same treasury fund.

(a-3) Further, if an agency receives a separate

appropriation for employee retirement contributions paid by

the employer, any transfer by that agency into an appropriation

for personal services must be accompanied by a corresponding

transfer into the appropriation for employee retirement

contributions paid by the employer, in an amount sufficient to

meet the employer share of the employee contributions required

to be remitted to the retirement system.

(a-4) Long-Term Care Rebalancing. The Governor may

designate amounts set aside for institutional services

appropriated from the General Revenue Fund or any other State

fund that receives monies for long-term care services to be

transferred to all State agencies responsible for the

administration of community-based long-term care programs,

including, but not limited to, community-based long-term care

programs administered by the Department of Healthcare and

Family Services, the Department of Human Services, and the

Department on Aging, provided that the Director of Healthcare

and Family Services first certifies that the amounts being

transferred are necessary for the purpose of assisting persons

in or at risk of being in institutional care to transition to

community-based settings, including the financial data needed

to prove the need for the transfer of funds. The total amounts

transferred shall not exceed 4% in total of the amounts

appropriated from the General Revenue Fund or any other State

fund that receives monies for long-term care services for each

fiscal year. A notice of the fund transfer must be made to the

General Assembly and posted at a minimum on the Department of

Healthcare and Family Services website, the Governor's Office

of Management and Budget website, and any other website the

Governor sees fit. These postings shall serve as notice to the

General Assembly of the amounts to be transferred. Notice shall

be given at least 30 days prior to transfer.

(b) In addition to the general transfer authority provided

under subsection (c), the following agencies have the specific

transfer authority granted in this subsection:

The Department of Healthcare and Family Services is

authorized to make transfers representing savings attributable

to not increasing grants due to the births of additional

children from line items for payments of cash grants to line

items for payments for employment and social services for the

purposes outlined in subsection (f) of Section 4-2 of the

Illinois Public Aid Code.

The Department of Children and Family Services is

authorized to make transfers not exceeding 2% of the aggregate

amount appropriated to it within the same treasury fund for the

following line items among these same line items: Foster Home

and Specialized Foster Care and Prevention, Institutions and

Group Homes and Prevention, and Purchase of Adoption and

Guardianship Services.

The Department on Aging is authorized to make transfers not

exceeding 2% of the aggregate amount appropriated to it within

the same treasury fund for the following Community Care Program

line items among these same line items: purchase of services

covered by the Community Care Program and Comprehensive Case

Coordination.

The State Treasurer is authorized to make transfers among

line item appropriations from the Capital Litigation Trust

Fund, with respect to costs incurred in fiscal years 2002 and

2003 only, when the balance remaining in one or more such line

item appropriations is insufficient for the purpose for which

the appropriation was made, provided that no such transfer may

be made unless the amount transferred is no longer required for

the purpose for which that appropriation was made.

The State Board of Education is authorized to make

transfers from line item appropriations within the same

treasury fund for General State Aid, General State Aid - Hold

Harmless, and Evidence-Based Funding, provided that no such

transfer may be made unless the amount transferred is no longer

required for the purpose for which that appropriation was made,

to the line item appropriation for Transitional Assistance when

the balance remaining in such line item appropriation is

insufficient for the purpose for which the appropriation was

made.

The State Board of Education is authorized to make

transfers between the following line item appropriations

within the same treasury fund: Disabled Student

Services/Materials (Section 14-13.01 of the School Code),

Disabled Student Transportation Reimbursement (Section

14-13.01 of the School Code), Disabled Student Tuition -

Private Tuition (Section 14-7.02 of the School Code),

Extraordinary Special Education (Section 14-7.02b of the

School Code), Reimbursement for Free Lunch/Breakfast Program,

Summer School Payments (Section 18-4.3 of the School Code), and

Transportation - Regular/Vocational Reimbursement (Section

29-5 of the School Code). Such transfers shall be made only

when the balance remaining in one or more such line item

appropriations is insufficient for the purpose for which the

appropriation was made and provided that no such transfer may

be made unless the amount transferred is no longer required for

the purpose for which that appropriation was made.

The Department of Healthcare and Family Services is

authorized to make transfers not exceeding 4% of the aggregate

amount appropriated to it, within the same treasury fund, among

the various line items appropriated for Medical Assistance.

(c) The sum of such transfers for an agency in a fiscal

year shall not exceed 2% of the aggregate amount appropriated

to it within the same treasury fund for the following objects:

Personal Services; Extra Help; Student and Inmate

Compensation; State Contributions to Retirement Systems; State

Contributions to Social Security; State Contribution for

Employee Group Insurance; Contractual Services; Travel;

Commodities; Printing; Equipment; Electronic Data Processing;

Operation of Automotive Equipment; Telecommunications

Services; Travel and Allowance for Committed, Paroled and

Discharged Prisoners; Library Books; Federal Matching Grants

for Student Loans; Refunds; Workers' Compensation,

Occupational Disease, and Tort Claims; Late Interest Penalties

under the State Prompt Payment Act and Sections 368a and 370a

of the Illinois Insurance Code; and, in appropriations to

institutions of higher education, Awards and Grants.

Notwithstanding the above, any amounts appropriated for

payment of workers' compensation claims to an agency to which

the authority to evaluate, administer and pay such claims has

been delegated by the Department of Central Management Services

may be transferred to any other expenditure object where such

amounts exceed the amount necessary for the payment of such

claims.

(c-1) Special provisions for State fiscal year 2003.

Notwithstanding any other provision of this Section to the

contrary, for State fiscal year 2003 only, transfers among line

item appropriations to an agency from the same treasury fund

may be made provided that the sum of such transfers for an

agency in State fiscal year 2003 shall not exceed 3% of the

aggregate amount appropriated to that State agency for State

fiscal year 2003 for the following objects: personal services,

except that no transfer may be approved which reduces the

aggregate appropriations for personal services within an

agency; extra help; student and inmate compensation; State

contributions to retirement systems; State contributions to

social security; State contributions for employee group

insurance; contractual services; travel; commodities;

printing; equipment; electronic data processing; operation of

automotive equipment; telecommunications services; travel and

allowance for committed, paroled, and discharged prisoners;

library books; federal matching grants for student loans;

refunds; workers' compensation, occupational disease, and tort

claims; and, in appropriations to institutions of higher

education, awards and grants.

(c-2) Special provisions for State fiscal year 2005.

Notwithstanding subsections (a), (a-2), and (c), for State

fiscal year 2005 only, transfers may be made among any line

item appropriations from the same or any other treasury fund

for any objects or purposes, without limitation, when the

balance remaining in one or more such line item appropriations

is insufficient for the purpose for which the appropriation was

made, provided that the sum of those transfers by a State

agency shall not exceed 4% of the aggregate amount appropriated

to that State agency for fiscal year 2005.

(c-3) Special provisions for State fiscal year 2015.

Notwithstanding any other provision of this Section, for State

fiscal year 2015, transfers among line item appropriations to a

State agency from the same State treasury fund may be made for

operational or lump sum expenses only, provided that the sum of

such transfers for a State agency in State fiscal year 2015

shall not exceed 4% of the aggregate amount appropriated to

that State agency for operational or lump sum expenses for

State fiscal year 2015. For the purpose of this subsection,

"operational or lump sum expenses" includes the following

objects: personal services; extra help; student and inmate

compensation; State contributions to retirement systems; State

contributions to social security; State contributions for

employee group insurance; contractual services; travel;

commodities; printing; equipment; electronic data processing;

operation of automotive equipment; telecommunications

services; travel and allowance for committed, paroled, and

discharged prisoners; library books; federal matching grants

for student loans; refunds; workers' compensation,

occupational disease, and tort claims; lump sum and other

purposes; and lump sum operations. For the purpose of this

subsection (c-3), "State agency" does not include the Attorney

General, the Secretary of State, the Comptroller, the

Treasurer, or the legislative or judicial branches.

(c-4) Special provisions for State fiscal year 2018.

Notwithstanding any other provision of this Section, for State

fiscal year 2018, transfers among line item appropriations to a

State agency from the same State treasury fund may be made for

operational or lump sum expenses only, provided that the sum of

such transfers for a State agency in State fiscal year 2018

shall not exceed 4% of the aggregate amount appropriated to

that State agency for operational or lump sum expenses for

State fiscal year 2018. For the purpose of this subsection

(c-4), "operational or lump sum expenses" includes the

following objects: personal services; extra help; student and

inmate compensation; State contributions to retirement

systems; State contributions to social security; State

contributions for employee group insurance; contractual

services; travel; commodities; printing; equipment; electronic

data processing; operation of automotive equipment;

telecommunications services; travel and allowance for

committed, paroled, and discharged prisoners; library books;

federal matching grants for student loans; refunds; workers'

compensation, occupational disease, and tort claims; lump sum

and other purposes; and lump sum operations. For the purpose of

this subsection (c-4), "State agency" does not include the

Attorney General, the Secretary of State, the Comptroller, the

Treasurer, or the legislative or judicial branches.

(c-5) Special provisions for State fiscal year 2019.

Notwithstanding any other provision of this Section, for State

fiscal year 2019, transfers among line item appropriations to a

State agency from the same State treasury fund may be made for

operational or lump sum expenses only, provided that the sum of

such transfers for a State agency in State fiscal year 2019

shall not exceed 4% of the aggregate amount appropriated to

that State agency for operational or lump sum expenses for

State fiscal year 2019. For the purpose of this subsection

(c-5), "operational or lump sum expenses" includes the

following objects: personal services; extra help; student and

inmate compensation; State contributions to retirement

systems; State contributions to social security; State

contributions for employee group insurance; contractual

services; travel; commodities; printing; equipment; electronic

data processing; operation of automotive equipment;

telecommunications services; travel and allowance for

committed, paroled, and discharged prisoners; library books;

federal matching grants for student loans; refunds; workers'

compensation, occupational disease, and tort claims; lump sum

and other purposes; and lump sum operations. For the purpose of

this subsection (c-5), "State agency" does not include the

Attorney General, the Secretary of State, the Comptroller, the

Treasurer, or the legislative or judicial branches.

(d) Transfers among appropriations made to agencies of the

Legislative and Judicial departments and to the

constitutionally elected officers in the Executive branch

require the approval of the officer authorized in Section 10 of

this Act to approve and certify vouchers. Transfers among

appropriations made to the University of Illinois, Southern

Illinois University, Chicago State University, Eastern

Illinois University, Governors State University, Illinois

State University, Northeastern Illinois University, Northern

Illinois University, Western Illinois University, the Illinois

Mathematics and Science Academy and the Board of Higher

Education require the approval of the Board of Higher Education

and the Governor. Transfers among appropriations to all other

agencies require the approval of the Governor.

The officer responsible for approval shall certify that the

transfer is necessary to carry out the programs and purposes

for which the appropriations were made by the General Assembly

and shall transmit to the State Comptroller a certified copy of

the approval which shall set forth the specific amounts

transferred so that the Comptroller may change his records

accordingly. The Comptroller shall furnish the Governor with

information copies of all transfers approved for agencies of

the Legislative and Judicial departments and transfers

approved by the constitutionally elected officials of the

Executive branch other than the Governor, showing the amounts

transferred and indicating the dates such changes were entered

on the Comptroller's records.

(e) The State Board of Education, in consultation with the

State Comptroller, may transfer line item appropriations for

General State Aid or Evidence-Based Funding between the Common

School Fund and the Education Assistance Fund. With the advice

and consent of the Governor's Office of Management and Budget,

the State Board of Education, in consultation with the State

Comptroller, may transfer line item appropriations between the

General Revenue Fund and the Education Assistance Fund for the

following programs:

(1) Disabled Student Personnel Reimbursement (Section

14-13.01 of the School Code);

(2) Disabled Student Transportation Reimbursement

(subsection (b) of Section 14-13.01 of the School Code);

(3) Disabled Student Tuition - Private Tuition

(Section 14-7.02 of the School Code);

(4) Extraordinary Special Education (Section 14-7.02b

of the School Code);

(5) Reimbursement for Free Lunch/Breakfast Programs;

(6) Summer School Payments (Section 18-4.3 of the

School Code);

(7) Transportation - Regular/Vocational Reimbursement

(Section 29-5 of the School Code);

(8) Regular Education Reimbursement (Section 18-3 of

the School Code); and

(9) Special Education Reimbursement (Section 14-7.03

of the School Code).

(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,

eff. 8-31-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18;

100-1064, eff. 8-24-18; revised 10-9-18.)

Section 240. The General Obligation Bond Act is amended by

changing Sections 9 and 11 as follows:

(30 ILCS 330/9) (from Ch. 127, par. 659)

Sec. 9. Conditions for issuance and sale of Bonds;

requirements for Bonds.

(a) Except as otherwise provided in this subsection,

subsection (h), and subsection (i), Bonds shall be issued and

sold from time to time, in one or more series, in such amounts

and at such prices as may be directed by the Governor, upon

recommendation by the Director of the Governor's Office of

Management and Budget. Bonds shall be in such form (either

coupon, registered or book entry), in such denominations,

payable within 25 years from their date, subject to such terms

of redemption with or without premium, bear interest payable at

such times and at such fixed or variable rate or rates, and be

dated as shall be fixed and determined by the Director of the

Governor's Office of Management and Budget in the order

authorizing the issuance and sale of any series of Bonds, which

order shall be approved by the Governor and is herein called a

"Bond Sale Order"; provided however, that interest payable at

fixed or variable rates shall not exceed that permitted in the

Bond Authorization Act, as now or hereafter amended. Bonds

shall be payable at such place or places, within or without the

State of Illinois, and may be made registrable as to either

principal or as to both principal and interest, as shall be

specified in the Bond Sale Order. Bonds may be callable or

subject to purchase and retirement or tender and remarketing as

fixed and determined in the Bond Sale Order. Bonds, other than

Bonds issued under Section 3 of this Act for the costs

associated with the purchase and implementation of information

technology, (i) except for refunding Bonds satisfying the

requirements of Section 16 of this Act and sold during fiscal

year 2009, 2010, 2011, 2017, 2018, or 2019 must be issued with

principal or mandatory redemption amounts in equal amounts,

with the first maturity issued occurring within the fiscal year

in which the Bonds are issued or within the next succeeding

fiscal year and (ii) must mature or be subject to mandatory

redemption each fiscal year thereafter up to 25 years, except

for refunding Bonds satisfying the requirements of Section 16

of this Act and sold during fiscal year 2009, 2010, or 2011

which must mature or be subject to mandatory redemption each

fiscal year thereafter up to 16 years. Bonds issued under

Section 3 of this Act for the costs associated with the

purchase and implementation of information technology must be

issued with principal or mandatory redemption amounts in equal

amounts, with the first maturity issued occurring with the

fiscal year in which the respective bonds are issued or with

the next succeeding fiscal year, with the respective bonds

issued maturing or subject to mandatory redemption each fiscal

year thereafter up to 10 years. Notwithstanding any provision

of this Act to the contrary, the Bonds authorized by Public Act

96-43 shall be payable within 5 years from their date and must

be issued with principal or mandatory redemption amounts in

equal amounts, with payment of principal or mandatory

redemption beginning in the first fiscal year following the

fiscal year in which the Bonds are issued.

Notwithstanding any provision of this Act to the contrary,

the Bonds authorized by Public Act 96-1497 shall be payable

within 8 years from their date and shall be issued with payment

of maturing principal or scheduled mandatory redemptions in

accordance with the following schedule, except the following

amounts shall be prorated if less than the total additional

amount of Bonds authorized by Public Act 96-1497 are issued:

Fiscal Year After Issuance Amount

1-2 $0

3 $110,712,120

4 $332,136,360

5 $664,272,720

6-8 $996,409,080

Notwithstanding any provision of this Act to the contrary,

Income Tax Proceed Bonds issued under Section 7.6 shall be

payable 12 years from the date of sale and shall be issued with

payment of principal or mandatory redemption.

In the case of any series of Bonds bearing interest at a

variable interest rate ("Variable Rate Bonds"), in lieu of

determining the rate or rates at which such series of Variable

Rate Bonds shall bear interest and the price or prices at which

such Variable Rate Bonds shall be initially sold or remarketed

(in the event of purchase and subsequent resale), the Bond Sale

Order may provide that such interest rates and prices may vary

from time to time depending on criteria established in such

Bond Sale Order, which criteria may include, without

limitation, references to indices or variations in interest

rates as may, in the judgment of a remarketing agent, be

necessary to cause Variable Rate Bonds of such series to be

remarketable from time to time at a price equal to their

principal amount, and may provide for appointment of a bank,

trust company, investment bank, or other financial institution

to serve as remarketing agent in that connection. The Bond Sale

Order may provide that alternative interest rates or provisions

for establishing alternative interest rates, different

security or claim priorities, or different call or amortization

provisions will apply during such times as Variable Rate Bonds

of any series are held by a person providing credit or

liquidity enhancement arrangements for such Bonds as

authorized in subsection (b) of this Section. The Bond Sale

Order may also provide for such variable interest rates to be

established pursuant to a process generally known as an auction

rate process and may provide for appointment of one or more

financial institutions to serve as auction agents and

broker-dealers in connection with the establishment of such

interest rates and the sale and remarketing of such Bonds.

(b) In connection with the issuance of any series of Bonds,

the State may enter into arrangements to provide additional

security and liquidity for such Bonds, including, without

limitation, bond or interest rate insurance or letters of

credit, lines of credit, bond purchase contracts, or other

arrangements whereby funds are made available to retire or

purchase Bonds, thereby assuring the ability of owners of the

Bonds to sell or redeem their Bonds. The State may enter into

contracts and may agree to pay fees to persons providing such

arrangements, but only under circumstances where the Director

of the Governor's Office of Management and Budget certifies

that he or she reasonably expects the total interest paid or to

be paid on the Bonds, together with the fees for the

arrangements (being treated as if interest), would not, taken

together, cause the Bonds to bear interest, calculated to their

stated maturity, at a rate in excess of the rate that the Bonds

would bear in the absence of such arrangements.

The State may, with respect to Bonds issued or anticipated

to be issued, participate in and enter into arrangements with

respect to interest rate protection or exchange agreements,

guarantees, or financial futures contracts for the purpose of

limiting, reducing, or managing interest rate exposure. The

authority granted under this paragraph, however, shall not

increase the principal amount of Bonds authorized to be issued

by law. The arrangements may be executed and delivered by the

Director of the Governor's Office of Management and Budget on

behalf of the State. Net payments for such arrangements shall

constitute interest on the Bonds and shall be paid from the

General Obligation Bond Retirement and Interest Fund. The

Director of the Governor's Office of Management and Budget

shall at least annually certify to the Governor and the State

Comptroller his or her estimate of the amounts of such net

payments to be included in the calculation of interest required

to be paid by the State.

(c) Prior to the issuance of any Variable Rate Bonds

pursuant to subsection (a), the Director of the Governor's

Office of Management and Budget shall adopt an interest rate

risk management policy providing that the amount of the State's

variable rate exposure with respect to Bonds shall not exceed

20%. This policy shall remain in effect while any Bonds are

outstanding and the issuance of Bonds shall be subject to the

terms of such policy. The terms of this policy may be amended

from time to time by the Director of the Governor's Office of

Management and Budget but in no event shall any amendment cause

the permitted level of the State's variable rate exposure with

respect to Bonds to exceed 20%.

(d) "Build America Bonds" in this Section means Bonds

authorized by Section 54AA of the Internal Revenue Code of

1986, as amended ("Internal Revenue Code"), and bonds issued

from time to time to refund or continue to refund "Build

America Bonds".

(e) Notwithstanding any other provision of this Section,

Qualified School Construction Bonds shall be issued and sold

from time to time, in one or more series, in such amounts and

at such prices as may be directed by the Governor, upon

recommendation by the Director of the Governor's Office of

Management and Budget. Qualified School Construction Bonds

shall be in such form (either coupon, registered or book

entry), in such denominations, payable within 25 years from

their date, subject to such terms of redemption with or without

premium, and if the Qualified School Construction Bonds are

issued with a supplemental coupon, bear interest payable at

such times and at such fixed or variable rate or rates, and be

dated as shall be fixed and determined by the Director of the

Governor's Office of Management and Budget in the order

authorizing the issuance and sale of any series of Qualified

School Construction Bonds, which order shall be approved by the

Governor and is herein called a "Bond Sale Order"; except that

interest payable at fixed or variable rates, if any, shall not

exceed that permitted in the Bond Authorization Act, as now or

hereafter amended. Qualified School Construction Bonds shall

be payable at such place or places, within or without the State

of Illinois, and may be made registrable as to either principal

or as to both principal and interest, as shall be specified in

the Bond Sale Order. Qualified School Construction Bonds may be

callable or subject to purchase and retirement or tender and

remarketing as fixed and determined in the Bond Sale Order.

Qualified School Construction Bonds must be issued with

principal or mandatory redemption amounts or sinking fund

payments into the General Obligation Bond Retirement and

Interest Fund (or subaccount therefor) in equal amounts, with

the first maturity issued, mandatory redemption payment or

sinking fund payment occurring within the fiscal year in which

the Qualified School Construction Bonds are issued or within

the next succeeding fiscal year, with Qualified School

Construction Bonds issued maturing or subject to mandatory

redemption or with sinking fund payments thereof deposited each

fiscal year thereafter up to 25 years. Sinking fund payments

set forth in this subsection shall be permitted only to the

extent authorized in Section 54F of the Internal Revenue Code

or as otherwise determined by the Director of the Governor's

Office of Management and Budget. "Qualified School

Construction Bonds" in this subsection means Bonds authorized

by Section 54F of the Internal Revenue Code and for bonds

issued from time to time to refund or continue to refund such

"Qualified School Construction Bonds".

(f) Beginning with the next issuance by the Governor's

Office of Management and Budget to the Procurement Policy Board

of a request for quotation for the purpose of formulating a new

pool of qualified underwriting banks list, all entities

responding to such a request for quotation for inclusion on

that list shall provide a written report to the Governor's

Office of Management and Budget and the Illinois Comptroller.

The written report submitted to the Comptroller shall (i) be

published on the Comptroller's Internet website and (ii) be

used by the Governor's Office of Management and Budget for the

purposes of scoring such a request for quotation. The written

report, at a minimum, shall:

(1) disclose whether, within the past 3 months,

pursuant to its credit default swap market-making

activities, the firm has entered into any State of Illinois

credit default swaps ("CDS");

(2) include, in the event of State of Illinois CDS

activity, disclosure of the firm's cumulative notional

volume of State of Illinois CDS trades and the firm's

outstanding gross and net notional amount of State of

Illinois CDS, as of the end of the current 3-month period;

(3) indicate, pursuant to the firm's proprietary

trading activities, disclosure of whether the firm, within

the past 3 months, has entered into any proprietary trades

for its own account in State of Illinois CDS;

(4) include, in the event of State of Illinois

proprietary trades, disclosure of the firm's outstanding

gross and net notional amount of proprietary State of

Illinois CDS and whether the net position is short or long

credit protection, as of the end of the current 3-month

period;

(5) list all time periods during the past 3 months

during which the firm held net long or net short State of

Illinois CDS proprietary credit protection positions, the

amount of such positions, and whether those positions were

net long or net short credit protection positions; and

(6) indicate whether, within the previous 3 months, the

firm released any publicly available research or marketing

reports that reference State of Illinois CDS and include

those research or marketing reports as attachments.

(g) All entities included on a Governor's Office of

Management and Budget's pool of qualified underwriting banks

list shall, as soon as possible after March 18, 2011 (the

effective date of Public Act 96-1554), but not later than

January 21, 2011, and on a quarterly fiscal basis thereafter,

provide a written report to the Governor's Office of Management

and Budget and the Illinois Comptroller. The written reports

submitted to the Comptroller shall be published on the

Comptroller's Internet website. The written reports, at a

minimum, shall:

(1) disclose whether, within the past 3 months,

pursuant to its credit default swap market-making

activities, the firm has entered into any State of Illinois

credit default swaps ("CDS");

(2) include, in the event of State of Illinois CDS

activity, disclosure of the firm's cumulative notional

volume of State of Illinois CDS trades and the firm's

outstanding gross and net notional amount of State of

Illinois CDS, as of the end of the current 3-month period;

(3) indicate, pursuant to the firm's proprietary

trading activities, disclosure of whether the firm, within

the past 3 months, has entered into any proprietary trades

for its own account in State of Illinois CDS;

(4) include, in the event of State of Illinois

proprietary trades, disclosure of the firm's outstanding

gross and net notional amount of proprietary State of

Illinois CDS and whether the net position is short or long

credit protection, as of the end of the current 3-month

period;

(5) list all time periods during the past 3 months

during which the firm held net long or net short State of

Illinois CDS proprietary credit protection positions, the

amount of such positions, and whether those positions were

net long or net short credit protection positions; and

(6) indicate whether, within the previous 3 months, the

firm released any publicly available research or marketing

reports that reference State of Illinois CDS and include

those research or marketing reports as attachments.

(h) Notwithstanding any other provision of this Section,

for purposes of maximizing market efficiencies and cost

savings, Income Tax Proceed Bonds may be issued and sold from

time to time, in one or more series, in such amounts and at

such prices as may be directed by the Governor, upon

recommendation by the Director of the Governor's Office of

Management and Budget. Income Tax Proceed Bonds shall be in

such form, either coupon, registered, or book entry, in such

denominations, shall bear interest payable at such times and at

such fixed or variable rate or rates, and be dated as shall be

fixed and determined by the Director of the Governor's Office

of Management and Budget in the order authorizing the issuance

and sale of any series of Income Tax Proceed Bonds, which order

shall be approved by the Governor and is herein called a "Bond

Sale Order"; provided, however, that interest payable at fixed

or variable rates shall not exceed that permitted in the Bond

Authorization Act. Income Tax Proceed Bonds shall be payable at

such place or places, within or without the State of Illinois,

and may be made registrable as to either principal or as to

both principal and interest, as shall be specified in the Bond

Sale Order. Income Tax Proceed Bonds may be callable or subject

to purchase and retirement or tender and remarketing as fixed

and determined in the Bond Sale Order.

(i) Notwithstanding any other provision of this Section,

for purposes of maximizing market efficiencies and cost

savings, State Pension Obligation Acceleration Bonds may be

issued and sold from time to time, in one or more series, in

such amounts and at such prices as may be directed by the

Governor, upon recommendation by the Director of the Governor's

Office of Management and Budget. State Pension Obligation

Acceleration Bonds shall be in such form, either coupon,

registered, or book entry, in such denominations, shall bear

interest payable at such times and at such fixed or variable

rate or rates, and be dated as shall be fixed and determined by

the Director of the Governor's Office of Management and Budget

in the order authorizing the issuance and sale of any series of

State Pension Obligation Acceleration Bonds, which order shall

be approved by the Governor and is herein called a "Bond Sale

Order"; provided, however, that interest payable at fixed or

variable rates shall not exceed that permitted in the Bond

Authorization Act. State Pension Obligation Acceleration Bonds

shall be payable at such place or places, within or without the

State of Illinois, and may be made registrable as to either

principal or as to both principal and interest, as shall be

specified in the Bond Sale Order. State Pension Obligation

Acceleration Bonds may be callable or subject to purchase and

retirement or tender and remarketing as fixed and determined in

the Bond Sale Order.

(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section

25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.

7-6-17; 100-587, Article 60, Section 60-5, eff. 6-4-18;

100-587, Article 110, Section 110-15, eff. 6-4-18; 100-863,

eff. 8-14-18; revised 10-17-18.)

(30 ILCS 330/11) (from Ch. 127, par. 661)

Sec. 11. Sale of Bonds. Except as otherwise provided in

this Section, Bonds shall be sold from time to time pursuant to

notice of sale and public bid or by negotiated sale in such

amounts and at such times as is directed by the Governor, upon

recommendation by the Director of the Governor's Office of

Management and Budget. At least 25%, based on total principal

amount, of all Bonds issued each fiscal year shall be sold

pursuant to notice of sale and public bid. At all times during

each fiscal year, no more than 75%, based on total principal

amount, of the Bonds issued each fiscal year, shall have been

sold by negotiated sale. Failure to satisfy the requirements in

the preceding 2 sentences shall not affect the validity of any

previously issued Bonds; provided that all Bonds authorized by

Public Act 96-43 and Public Act 96-1497 shall not be included

in determining compliance for any fiscal year with the

requirements of the preceding 2 sentences; and further provided

that refunding Bonds satisfying the requirements of Section 16

of this Act and sold during fiscal year 2009, 2010, 2011, 2017,

2018, or 2019 shall not be subject to the requirements in the

preceding 2 sentences.

If any Bonds, including refunding Bonds, are to be sold by

negotiated sale, the Director of the Governor's Office of

Management and Budget shall comply with the competitive request

for proposal process set forth in the Illinois Procurement Code

and all other applicable requirements of that Code.

If Bonds are to be sold pursuant to notice of sale and

public bid, the Director of the Governor's Office of Management

and Budget may, from time to time, as Bonds are to be sold,

advertise the sale of the Bonds in at least 2 daily newspapers,

one of which is published in the City of Springfield and one in

the City of Chicago. The sale of the Bonds shall also be

advertised in the volume of the Illinois Procurement Bulletin

that is published by the Department of Central Management

Services, and shall be published once at least 10 days prior to

the date fixed for the opening of the bids. The Director of the

Governor's Office of Management and Budget may reschedule the

date of sale upon the giving of such additional notice as the

Director deems adequate to inform prospective bidders of such

change; provided, however, that all other conditions of the

sale shall continue as originally advertised.

Executed Bonds shall, upon payment therefor, be delivered

to the purchaser, and the proceeds of Bonds shall be paid into

the State Treasury as directed by Section 12 of this Act.

All Income Tax Proceed Bonds shall comply with this

Section. Notwithstanding anything to the contrary, however,

for purposes of complying with this Section, Income Tax Proceed

Bonds, regardless of the number of series or issuances sold

thereunder, shall be considered a single issue or series.

Furthermore, for purposes of complying with the competitive

bidding requirements of this Section, the words "at all times"

shall not apply to any such sale of the Income Tax Proceed

Bonds. The Director of the Governor's Office of Management and

Budget shall determine the time and manner of any competitive

sale of the Income Tax Proceed Bonds; however, that sale shall

under no circumstances take place later than 60 days after the

State closes the sale of 75% of the Income Tax Proceed Bonds by

negotiated sale.

All State Pension Obligation Acceleration Bonds shall

comply with this Section. Notwithstanding anything to the

contrary, however, for purposes of complying with this Section,

State Pension Obligation Acceleration Bonds, regardless of the

number of series or issuances sold thereunder, shall be

considered a single issue or series. Furthermore, for purposes

of complying with the competitive bidding requirements of this

Section, the words "at all times" shall not apply to any such

sale of the State Pension Obligation Acceleration Bonds. The

Director of the Governor's Office of Management and Budget

shall determine the time and manner of any competitive sale of

the State Pension Obligation Acceleration Bonds; however, that

sale shall under no circumstances take place later than 60 days

after the State closes the sale of 75% of the State Pension

Obligation Acceleration Bonds by negotiated sale.

(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section

25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.

7-6-17; 100-587, Article 60, Section 60-5, eff. 6-4-18;

100-587, Article 110, Section 110-15, eff. 6-4-18; 100-863,

eff. 8-4-18; revised 10-10-18.)

Section 245. The Illinois Procurement Code is amended by

changing Sections 1-10, 1-15.100, 20-60, 20-160, and 50-13 as

follows:

(30 ILCS 500/1-10)

Sec. 1-10. Application.

(a) This Code applies only to procurements for which

bidders, offerors, potential contractors, or contractors were

first solicited on or after July 1, 1998. This Code shall not

be construed to affect or impair any contract, or any provision

of a contract, entered into based on a solicitation prior to

the implementation date of this Code as described in Article

99, including but not limited to any covenant entered into with

respect to any revenue bonds or similar instruments. All

procurements for which contracts are solicited between the

effective date of Articles 50 and 99 and July 1, 1998 shall be

substantially in accordance with this Code and its intent.

(b) This Code shall apply regardless of the source of the

funds with which the contracts are paid, including federal

assistance moneys. This Code shall not apply to:

(1) Contracts between the State and its political

subdivisions or other governments, or between State

governmental bodies, except as specifically provided in

this Code.

(2) Grants, except for the filing requirements of

Section 20-80.

(3) Purchase of care, except as provided in Section

5-30.6 of the Illinois Public Aid Code and this Section.

(4) Hiring of an individual as employee and not as an

independent contractor, whether pursuant to an employment

code or policy or by contract directly with that

individual.

(5) Collective bargaining contracts.

(6) Purchase of real estate, except that notice of this

type of contract with a value of more than $25,000 must be

published in the Procurement Bulletin within 10 calendar

days after the deed is recorded in the county of

jurisdiction. The notice shall identify the real estate

purchased, the names of all parties to the contract, the

value of the contract, and the effective date of the

contract.

(7) Contracts necessary to prepare for anticipated

litigation, enforcement actions, or investigations,

provided that the chief legal counsel to the Governor shall

give his or her prior approval when the procuring agency is

one subject to the jurisdiction of the Governor, and

provided that the chief legal counsel of any other

procuring entity subject to this Code shall give his or her

prior approval when the procuring entity is not one subject

to the jurisdiction of the Governor.

(8) (Blank).

(9) Procurement expenditures by the Illinois

Conservation Foundation when only private funds are used.

(10) (Blank).

(11) Public-private agreements entered into according

to the procurement requirements of Section 20 of the

Public-Private Partnerships for Transportation Act and

design-build agreements entered into according to the

procurement requirements of Section 25 of the

Public-Private Partnerships for Transportation Act.

(12) Contracts for legal, financial, and other

professional and artistic services entered into on or

before December 31, 2018 by the Illinois Finance Authority

in which the State of Illinois is not obligated. Such

contracts shall be awarded through a competitive process

authorized by the Board of the Illinois Finance Authority

and are subject to Sections 5-30, 20-160, 50-13, 50-20,

50-35, and 50-37 of this Code, as well as the final

approval by the Board of the Illinois Finance Authority of

the terms of the contract.

(13) Contracts for services, commodities, and

equipment to support the delivery of timely forensic

science services in consultation with and subject to the

approval of the Chief Procurement Officer as provided in

subsection (d) of Section 5-4-3a of the Unified Code of

Corrections, except for the requirements of Sections

20-60, 20-65, 20-70, and 20-160 and Article 50 of this

Code; however, the Chief Procurement Officer may, in

writing with justification, waive any certification

required under Article 50 of this Code. For any contracts

for services which are currently provided by members of a

collective bargaining agreement, the applicable terms of

the collective bargaining agreement concerning

subcontracting shall be followed.

On and after January 1, 2019, this paragraph (13),

except for this sentence, is inoperative.

(14) Contracts for participation expenditures required

by a domestic or international trade show or exhibition of

an exhibitor, member, or sponsor.

(15) Contracts with a railroad or utility that requires

the State to reimburse the railroad or utilities for the

relocation of utilities for construction or other public

purpose. Contracts included within this paragraph (15)

shall include, but not be limited to, those associated

with: relocations, crossings, installations, and

maintenance. For the purposes of this paragraph (15),

"railroad" means any form of non-highway ground

transportation that runs on rails or electromagnetic

guideways and "utility" means: (1) public utilities as

defined in Section 3-105 of the Public Utilities Act, (2)

telecommunications carriers as defined in Section 13-202

of the Public Utilities Act, (3) electric cooperatives as

defined in Section 3.4 of the Electric Supplier Act, (4)

telephone or telecommunications cooperatives as defined in

Section 13-212 of the Public Utilities Act, (5) rural water

or waste water systems with 10,000 connections or less, (6)

a holder as defined in Section 21-201 of the Public

Utilities Act, and (7) municipalities owning or operating

utility systems consisting of public utilities as that term

is defined in Section 11-117-2 of the Illinois Municipal

Code.

(16) Procurement expenditures necessary for the

Department of Public Health to provide the delivery of

timely newborn screening services in accordance with the

Newborn Metabolic Screening Act.

(17) (16) Procurement expenditures necessary for the

Department of Agriculture, the Department of Financial and

Professional Regulation, the Department of Human Services,

and the Department of Public Health to implement the

Compassionate Use of Medical Cannabis Pilot Program and

Opioid Alternative Pilot Program requirements and ensure

access to medical cannabis for patients with debilitating

medical conditions in accordance with the Compassionate

Use of Medical Cannabis Pilot Program Act.

Notwithstanding any other provision of law, for contracts

entered into on or after October 1, 2017 under an exemption

provided in any paragraph of this subsection (b), except

paragraph (1), (2), or (5), each State agency shall post to the

appropriate procurement bulletin the name of the contractor, a

description of the supply or service provided, the total amount

of the contract, the term of the contract, and the exception to

the Code utilized. The chief procurement officer shall submit a

report to the Governor and General Assembly no later than

November 1 of each year that shall include, at a minimum, an

annual summary of the monthly information reported to the chief

procurement officer.

(c) This Code does not apply to the electric power

procurement process provided for under Section 1-75 of the

Illinois Power Agency Act and Section 16-111.5 of the Public

Utilities Act.

(d) Except for Section 20-160 and Article 50 of this Code,

and as expressly required by Section 9.1 of the Illinois

Lottery Law, the provisions of this Code do not apply to the

procurement process provided for under Section 9.1 of the

Illinois Lottery Law.

(e) This Code does not apply to the process used by the

Capital Development Board to retain a person or entity to

assist the Capital Development Board with its duties related to

the determination of costs of a clean coal SNG brownfield

facility, as defined by Section 1-10 of the Illinois Power

Agency Act, as required in subsection (h-3) of Section 9-220 of

the Public Utilities Act, including calculating the range of

capital costs, the range of operating and maintenance costs, or

the sequestration costs or monitoring the construction of clean

coal SNG brownfield facility for the full duration of

construction.

(f) (Blank).

(g) (Blank).

(h) This Code does not apply to the process to procure or

contracts entered into in accordance with Sections 11-5.2 and

11-5.3 of the Illinois Public Aid Code.

(i) Each chief procurement officer may access records

necessary to review whether a contract, purchase, or other

expenditure is or is not subject to the provisions of this

Code, unless such records would be subject to attorney-client

privilege.

(j) This Code does not apply to the process used by the

Capital Development Board to retain an artist or work or works

of art as required in Section 14 of the Capital Development

Board Act.

(k) This Code does not apply to the process to procure

contracts, or contracts entered into, by the State Board of

Elections or the State Electoral Board for hearing officers

appointed pursuant to the Election Code.

(l) This Code does not apply to the processes used by the

Illinois Student Assistance Commission to procure supplies and

services paid for from the private funds of the Illinois

Prepaid Tuition Fund. As used in this subsection (l), "private

funds" means funds derived from deposits paid into the Illinois

Prepaid Tuition Trust Fund and the earnings thereon.

(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;

100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff.

8-28-18; revised 10-18-18.)

(30 ILCS 500/1-15.100)

Sec. 1-15.100. State agency. "State agency" means and

includes all boards, commissions, agencies, institutions,

authorities, and bodies politic and corporate of the State,

created by or in accordance with the constitution or statute,

of the executive branch of State government and does include

colleges, universities, and institutions under the

jurisdiction of the governing boards of the University of

Illinois, Southern Illinois University, Illinois State

University, Eastern Illinois University, Northern Illinois

University, Western Illinois University, Chicago State

University, Governors Governor State University, Northeastern

Illinois University, and the Board of Higher Education.

However, this term does not apply to public employee retirement

systems or investment boards that are subject to fiduciary

duties imposed by the Illinois Pension Code or to the

University of Illinois Foundation. "State agency" does not

include units of local government, school districts, community

colleges under the Public Community College Act, and the

Illinois Comprehensive Health Insurance Board.

(Source: P.A. 90-572, eff. 2-6-98; revised 10-11-18.)

(30 ILCS 500/20-60)

Sec. 20-60. Duration of contracts.

(a) Maximum duration. A contract may be entered into for

any period of time deemed to be in the best interests of the

State but not exceeding 10 years inclusive, beginning January

1, 2010, of proposed contract renewals. Third parties may lease

State-owned dark fiber networks for any period of time deemed

to be in the best interest of the State, but not exceeding 20

years. The length of a lease for real property or capital

improvements shall be in accordance with the provisions of

Section 40-25. The length of energy conservation program

contracts or energy savings contracts or leases shall be in

accordance with the provisions of Section 25-45. A contract for

bond or mortgage insurance awarded by the Illinois Housing

Development Authority, however, may be entered into for any

period of time less than or equal to the maximum period of time

that the subject bond or mortgage may remain outstanding.

(b) Subject to appropriation. All contracts made or entered

into shall recite that they are subject to termination and

cancellation in any year for which the General Assembly fails

to make an appropriation to make payments under the terms of

the contract.

(c) The chief procurement officer shall file a proposed

extension or renewal of a contract with the Procurement Policy

Board prior to entering into any extension or renewal if the

cost associated with the extension or renewal exceeds $249,999.

The Procurement Policy Board may object to the proposed

extension or renewal within 30 calendar days and require a

hearing before the Board prior to entering into the extension

or renewal. If the Procurement Policy Board does not object

within 30 calendar days or takes affirmative action to

recommend the extension or renewal, the chief procurement

officer may enter into the extension or renewal of a contract.

This subsection does not apply to any emergency procurement,

any procurement under Article 40, or any procurement exempted

by Section 1-10(b) of this Code. If any State agency contract

is paid for in whole or in part with federal-aid funds, grants,

or loans and the provisions of this subsection would result in

the loss of those federal-aid funds, grants, or loans, then the

contract is exempt from the provisions of this subsection in

order to remain eligible for those federal-aid funds, grants,

or loans, and the State agency shall file notice of this

exemption with the Procurement Policy Board prior to entering

into the proposed extension or renewal. Nothing in this

subsection permits a chief procurement officer to enter into an

extension or renewal in violation of subsection (a). By August

1 each year, the Procurement Policy Board shall file a report

with the General Assembly identifying for the previous fiscal

year (i) the proposed extensions or renewals that were filed

with the Board and whether the Board objected and (ii) the

contracts exempt from this subsection.

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

this Section, the Department of Innovation and Technology may

enter into leases for dark fiber networks for any period of

time deemed to be in the best interests of the State but not

exceeding 20 years inclusive. The Department of Innovation and

Technology may lease dark fiber networks from third parties

only for the primary purpose of providing services to (i) to

the offices of Governor, Lieutenant Governor, Attorney

General, Secretary of State, Comptroller, or Treasurer and

State agencies, as defined under Section 5-15 of the Civil

Administrative Code of Illinois or (ii) for anchor

institutions, as defined in Section 7 of the Illinois Century

Network Act. Dark fiber network lease contracts shall be

subject to all other provisions of this Code and any applicable

rules or requirements, including, but not limited to,

publication of lease solicitations, use of standard State

contracting terms and conditions, and approval of vendor

certifications and financial disclosures.

(e) As used in this Section, "dark fiber network" means a

network of fiber optic cables laid but currently unused by a

third party that the third party is leasing for use as network

infrastructure.

(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;

revised 10-11-18.)

(30 ILCS 500/20-160)

Sec. 20-160. Business entities; certification;

registration with the State Board of Elections.

(a) For purposes of this Section, the terms "business

entity", "contract", "State contract", "contract with a State

agency", "State agency", "affiliated entity", and "affiliated

person" have the meanings ascribed to those terms in Section

50-37.

(b) Every bid and offer submitted to and every contract

executed by the State on or after January 1, 2009 (the

effective date of Public Act 95-971) and every submission to a

vendor portal shall contain (1) a certification by the bidder,

offeror, vendor, or contractor that either (i) the bidder,

offeror, vendor, or contractor is not required to register as a

business entity with the State Board of Elections pursuant to

this Section or (ii) the bidder, offeror, vendor, or contractor

has registered as a business entity with the State Board of

Elections and acknowledges a continuing duty to update the

registration and (2) a statement that the contract is voidable

under Section 50-60 for the bidder's, offeror's, vendor's, or

contractor's failure to comply with this Section.

(c) Each business entity (i) whose aggregate bids and

proposals on State contracts annually total more than $50,000,

(ii) whose aggregate bids and proposals on State contracts

combined with the business entity's aggregate annual total

value of State contracts exceed $50,000, or (iii) whose

contracts with State agencies, in the aggregate, annually total

more than $50,000 shall register with the State Board of

Elections in accordance with Section 9-35 of the Election Code.

A business entity required to register under this subsection

due to item (i) or (ii) has a continuing duty to ensure that

the registration is accurate during the period beginning on the

date of registration and ending on the day after the date the

contract is awarded; any change in information must be reported

to the State Board of Elections 5 business days following such

change or no later than a day before the contract is awarded,

whichever date is earlier. A business entity required to

register under this subsection due to item (iii) has a

continuing duty to ensure that the registration is accurate in

accordance with subsection (e).

(d) Any business entity, not required under subsection (c)

to register, whose aggregate bids and proposals on State

contracts annually total more than $50,000, or whose aggregate

bids and proposals on State contracts combined with the

business entity's aggregate annual total value of State

contracts exceed $50,000, shall register with the State Board

of Elections in accordance with Section 9-35 of the Election

Code prior to submitting to a State agency the bid or proposal

whose value causes the business entity to fall within the

monetary description of this subsection. A business entity

required to register under this subsection has a continuing

duty to ensure that the registration is accurate during the

period beginning on the date of registration and ending on the

day after the date the contract is awarded. Any change in

information must be reported to the State Board of Elections

within 5 business days following such change or no later than a

day before the contract is awarded, whichever date is earlier.

(e) A business entity whose contracts with State agencies,

in the aggregate, annually total more than $50,000 must

maintain its registration under this Section and has a

continuing duty to ensure that the registration is accurate for

the duration of the term of office of the incumbent

officeholder awarding the contracts or for a period of 2 years

following the expiration or termination of the contracts,

whichever is longer. A business entity, required to register

under this subsection, has a continuing duty to report any

changes on a quarterly basis to the State Board of Elections

within 14 calendar days following the last day of January,

April, July, and October of each year. Any update pursuant to

this paragraph that is received beyond that date is presumed

late and the civil penalty authorized by subsection (e) of

Section 9-35 of the Election Code (10 ILCS 5/9-35) may be

assessed.

Also, if a business entity required to register under this

subsection has a pending bid or offer, any change in

information shall be reported to the State Board of Elections

within 7 calendar days following such change or no later than a

day before the contract is awarded, whichever date is earlier.

(f) A business entity's continuing duty under this Section

to ensure the accuracy of its registration includes the

requirement that the business entity notify the State Board of

Elections of any change in information, including, but not

limited to, changes of affiliated entities or affiliated

persons.

(g) For any bid or offer for a contract with a State agency

by a business entity required to register under this Section,

the chief procurement officer shall verify that the business

entity is required to register under this Section and is in

compliance with the registration requirements on the date the

bid or offer is due. A chief procurement officer shall not

accept a bid or offer if the business entity is not in

compliance with the registration requirements as of the date

bids or offers are due. Upon discovery of noncompliance with

this Section, if the bidder or offeror made a good faith effort

to comply with registration efforts prior to the date the bid

or offer is due, a chief procurement officer may provide the

bidder or offeror 5 business days to achieve compliance. A

chief procurement officer may extend the time to prove

compliance by as long as necessary in the event that there is a

failure within the State Board of Elections' Election's

registration system.

(h) A registration, and any changes to a registration, must

include the business entity's verification of accuracy and

subjects the business entity to the penalties of the laws of

this State for perjury.

In addition to any penalty under Section 9-35 of the

Election Code, intentional, willful, or material failure to

disclose information required for registration shall render

the contract, bid, offer, or other procurement relationship

voidable by the chief procurement officer if he or she deems it

to be in the best interest of the State of Illinois.

(i) This Section applies regardless of the method of source

selection used in awarding the contract.

(Source: P.A. 100-43, eff. 8-9-17; revised 10-11-18.)

(30 ILCS 500/50-13)

Sec. 50-13. Conflicts of interest.

(a) Prohibition. It is unlawful for any person holding an

elective office in this State, holding a seat in the General

Assembly, or appointed to or employed in any of the offices or

agencies of State government and who receives compensation for

such employment in excess of 60% of the salary of the Governor

of the State of Illinois, or who is an officer or employee of

the Capital Development Board or the Illinois Toll Highway

Authority, or who is the spouse or minor child of any such

person to have or acquire any contract, or any direct pecuniary

interest in any contract therein, whether for stationery,

printing, paper, or any services, materials, or supplies, that

will be wholly or partially satisfied by the payment of funds

appropriated by the General Assembly of the State of Illinois

or in any contract of the Capital Development Board or the

Illinois Toll Highway Authority.

(b) Interests. It is unlawful for any firm, partnership,

association, or corporation, in which any person listed in

subsection (a) is entitled to receive (i) more than 7 1/2% of

the total distributable income or (ii) an amount in excess of

the salary of the Governor, to have or acquire any such

contract or direct pecuniary interest therein.

(c) Combined interests. It is unlawful for any firm,

partnership, association, or corporation, in which any person

listed in subsection (a) together with his or her spouse or

minor children is entitled to receive (i) more than 15%, in the

aggregate, of the total distributable income or (ii) an amount

in excess of 2 times the salary of the Governor, to have or

acquire any such contract or direct pecuniary interest therein.

(c-5) Appointees and firms. In addition to any provisions

of this Code, the interests of certain appointees and their

firms are subject to Section 3A-35 of the Illinois Governmental

Ethics Act.

(d) Securities. Nothing in this Section invalidates the

provisions of any bond or other security previously offered or

to be offered for sale or sold by or for the State of Illinois.

(e) Prior interests. This Section does not affect the

validity of any contract made between the State and an officer

or employee of the State or member of the General Assembly, his

or her spouse, minor child, or other immediate family member

living in his or her residence or any combination of those

persons if that contract was in existence before his or her

election or employment as an officer, member, or employee. The

contract is voidable, however, if it cannot be completed within

365 calendar days after the officer, member, or employee takes

office or is employed.

(f) Exceptions.

(1) Public aid payments. This Section does not apply to

payments made for a public aid recipient.

(2) Teaching. This Section does not apply to a contract

for personal services as a teacher or school administrator

between a member of the General Assembly or his or her

spouse, or a State officer or employee or his or her

spouse, and any school district, public community college

district, the University of Illinois, Southern Illinois

University, Illinois State University, Eastern Illinois

University, Northern Illinois University, Western Illinois

University, Chicago State University, Governors Governor

State University, or Northeastern Illinois University.

(3) Ministerial duties. This Section does not apply to

a contract for personal services of a wholly ministerial

character, including but not limited to services as a

laborer, clerk, typist, stenographer, page, bookkeeper,

receptionist, or telephone switchboard operator, made by a

spouse or minor child of an elective or appointive State

officer or employee or of a member of the General Assembly.

(4) Child and family services. This Section does not

apply to payments made to a member of the General Assembly,

a State officer or employee, his or her spouse or minor

child acting as a foster parent, homemaker, advocate, or

volunteer for or in behalf of a child or family served by

the Department of Children and Family Services.

(5) Licensed professionals. Contracts with licensed

professionals, provided they are competitively bid or part

of a reimbursement program for specific, customary goods

and services through the Department of Children and Family

Services, the Department of Human Services, the Department

of Healthcare and Family Services, the Department of Public

Health, or the Department on Aging.

(g) Penalty. A person convicted of a violation of this

Section is guilty of a business offense and shall be fined not

less than $1,000 nor more than $5,000.

(Source: P.A. 98-1076, eff. 1-1-15; revised 10-11-18.)

Section 250. The State Prompt Payment Act is amended by

changing Section 8 as follows:

(30 ILCS 540/8)

Sec. 8. Vendor Payment Program.

(a) As used in this Section:

"Applicant" means any entity seeking to be designated

as a qualified purchaser.

"Application period" means the time period when the

Program is accepting applications as determined by the

Department of Central Management Services.

"Assigned penalties" means penalties payable by the

State in accordance with this Act that are assigned to the

qualified purchaser of an assigned receivable.

"Assigned receivable" means the base invoice amount of

a qualified account receivable and any associated assigned

penalties due, currently and in the future, in accordance

with this Act.

"Assignment agreement" means an agreement executed and

delivered by a participating vendor and a qualified

purchaser, in which the participating vendor will assign

one or more qualified accounts receivable to the qualified

purchaser and make certain representations and warranties

in respect thereof.

"Base invoice amount" means the unpaid principal

amount of the invoice associated with an assigned

receivable.

"Department" means the Department of Central

Management Services.

"Medical assistance program" means any program which

provides medical assistance under Article V of the Illinois

Public Aid Code, including Medicaid.

"Participating vendor" means a vendor whose

application for the sale of a qualified account receivable

is accepted for purchase by a qualified purchaser under the

Program terms.

"Program" means a Vendor Payment Program.

"Prompt payment penalties" means penalties payable by

the State in accordance with this Act.

"Purchase price" means 100% of the base invoice amount

associated with an assigned receivable minus: (1) any

deductions against the assigned receivable arising from

State offsets; and (2) if and to the extent exercised by a

qualified purchaser, other deductions for amounts owed by

the participating vendor to the qualified purchaser for

State offsets applied against other accounts receivable

assigned by the participating vendor to the qualified

purchaser under the Program.

"Qualified account receivable" means an account

receivable due and payable by the State that is outstanding

for 90 days or more, is eligible to accrue prompt payment

penalties under this Act and is verified by the relevant

State agency. A qualified account receivable shall not

include any account receivable related to medical

assistance program (including Medicaid) payments or any

other accounts receivable, the transfer or assignment of

which is prohibited by, or otherwise prevented by,

applicable law.

"Qualified purchaser" means any entity that, during

any application period, is approved by the Department of

Central Management Services to participate in the Program

on the basis of certain qualifying criteria as determined

by the Department.

"State offsets" means any amount deducted from

payments made by the State in respect of any qualified

account receivable due to the State's exercise of any

offset or other contractual rights against a participating

vendor. For the purpose of this Section, "State offsets"

include statutorily required administrative fees imposed

under the State Comptroller Act.

"Sub-participant" means any individual or entity that

intends to purchase assigned receivables, directly or

indirectly, by or through an applicant or qualified

purchaser for the purposes of the Program.

"Sub-participant certification" means an instrument

executed and delivered to the Department of Central

Management Services by a sub-participant, in which the

sub-participant certifies its agreement, among others, to

be bound by the terms and conditions of the Program as a

condition to its participation in the Program as a

sub-participant.

(b) This Section reflects the provisions of Section 900.125

of Title 74 of the Illinois Administrative Code prior to

January 1, 2018. The requirements of this Section establish the

criteria for participation by participating vendors and

qualified purchasers in a Vendor Payment Program. Information

regarding the Vendor Payment Program may be found at the

Internet website for the Department of Central Management

Services.

(c) The State Comptroller and the Department of Central

Management Services are authorized to establish and implement

the Program under Section 3-3. This Section applies to all

qualified accounts receivable not otherwise excluded from

receiving prompt payment interest under Section 900.120 of

Title 74 of the Illinois Administrative Code. This Section

shall not apply to the purchase of any accounts receivable

related to payments made under a medical assistance program,

including Medicaid payments, or any other purchase of accounts

receivable that is otherwise prohibited by law.

(d) Under the Program, qualified purchasers may purchase

from participating vendors certain qualified accounts

receivable owed by the State to the participating vendors. A

participating vendor shall not simultaneously apply to sell the

same qualified account receivable to more than one qualified

purchaser. In consideration of the payment of the purchase

price, a participating vendor shall assign to the qualified

purchaser all of its rights to payment of the qualified account

receivable, including all current and future prompt payment

penalties due to that qualified account receivable in

accordance with this Act.

(e) A vendor may apply to participate in the Program if:

(1) the vendor is owed an account receivable by the

State for which prompt payment penalties have commenced

accruing;

(2) the vendor's account receivable is eligible to

accrue prompt payment penalty interest under this Act;

(3) the vendor's account receivable is not for payments

under a medical assistance program; and

(4) the vendor's account receivable is not prohibited

by, or otherwise prevented by, applicable law from being

transferred or assigned under this Section.

(f) The Department shall review and approve or disapprove

each applicant seeking a qualified purchaser designation.

Factors to be considered by the Department in determining

whether an applicant shall be designated as a qualified

purchaser include, but are not limited to, the following:

(1) the qualified purchaser's agreement to commit a

minimum purchase amount as established from time to time by

the Department based upon the current needs of the Program

and the qualified purchaser's demonstrated ability to fund

its commitment;

(2) the demonstrated ability of a qualified

purchaser's sub-participants to fund their portions of a

qualified purchaser's minimum purchase commitment;

(3) the ability of a qualified purchaser and its

sub-participants to meet standards of responsibility

substantially in accordance with the requirements of the

Standards of Responsibility found in subsection (b) of

Section 1.2046 of Title 44 of the Illinois Administrative

Code concerning government contracts, procurement, and

property management;

(4) the agreement of each qualified purchaser, at its

sole cost and expense, to administer and facilitate the

operation of the Program with respect to that qualified

purchaser, including, without limitation, assisting

potential participating vendors with the application and

assignment process;

(5) the agreement of each qualified purchaser, at its

sole cost and expense, to establish a website that is

determined by the Department to be sufficient to administer

the Program in accordance with the terms and conditions of

the Program;

(6) the agreement of each qualified purchaser, at its

sole cost and expense, to market the Program to potential

participating vendors;

(7) the agreement of each qualified purchaser, at its

sole cost and expense, to educate participating vendors

about the benefits and risks associated with participation

in the Program;

(8) the agreement of each qualified purchaser, at its

sole cost and expense, to deposit funds into, release funds

from, and otherwise maintain all required accounts in

accordance with the terms and conditions of the Program.

Subject to the Program terms, all required accounts shall

be maintained and controlled by the qualified purchaser at

the qualified purchaser's sole cost and at no cost, whether

in the form of fees or otherwise, to the participating

vendors;

(9) the agreement of each qualified purchaser, at its

sole cost and expense, to submit a monthly written report,

in an acceptable electronic format, to the State

Comptroller or its designee and the Department or its

designee, within 10 days after the end of each month,

which, unless otherwise specified by the Department, at a

minimum, shall contain:

(A) a listing of each assigned receivable

purchased by that qualified purchaser during the

month, specifying the base invoice amount and invoice

date of that assigned receivable and the name of the

participating vendor, State contract number, voucher

number, and State agency associated with that assigned

receivable;

(B) a listing of each assigned receivable with

respect to which the qualified purchaser has received

payment of the base invoice amount from the State

during that month, including the amount of and date on

which that payment was made and the name of the

participating vendor, State contract number, voucher

number, and State agency associated with the assigned

receivable, and identifying the relevant application

period for each assigned receivable;

(C) a listing of any payments of assigned penalties

received from the State during the month, including the

amount of and date on which the payment was made, the

name of the participating vendor, the voucher number

for the assigned penalty receivable, and the

associated assigned receivable, including the State

contract number, voucher number, and State agency

associated with the assigned receivable, and

identifying the relevant application period for each

assigned receivable;

(D) the aggregate number and dollar value of

assigned receivables purchased by the qualified

purchaser from the date on which that qualified

purchaser commenced participating in the Program

through the last day of the month;

(E) the aggregate number and dollar value of

assigned receivables purchased by the qualified

purchaser for which no payment by the State of the base

invoice amount has yet been received, from the date on

which the qualified purchaser commenced participating

in the Program through the last day of the month;

(F) the aggregate number and dollar value of

invoices purchased by the qualified purchaser for

which no voucher has been submitted; and

(G) any other data the State Comptroller and the

Department may reasonably request from time to time;

(10) the agreement of each qualified purchaser to use

its reasonable best efforts, and for any sub-participant to

cause a qualified purchaser to use its reasonable best

efforts, to diligently pursue receipt of assigned

penalties associated with the assigned receivables,

including, without limitation, by promptly notifying the

relevant State agency that an assigned penalty is due and,

if necessary, seeking payment of assigned penalties

through the Illinois Court of Claims; and

(11) the agreement of each qualified purchaser and any

sub-participant to use their reasonable best efforts to

implement the Program terms and to perform their

obligations under the Program in a timely fashion.

(g) Each qualified purchaser's performance and

implementation of its obligations under subsection (f) shall be

subject to review by the Department and the State Comptroller

at any time to confirm that the qualified purchaser is

undertaking those obligations in a manner consistent with the

terms and conditions of the Program. A qualified purchaser's

failure to so perform its obligations including, without

limitation, its obligations to diligently pursue receipt of

assigned penalties associated with assigned receivables, shall

be grounds for the Department and the State Comptroller to

terminate the qualified purchaser's participation in the

Program under subsection (i). Any such termination shall be

without prejudice to any rights a participating vendor may have

against that qualified purchaser, in law or in equity,

including, without limitation, the right to enforce the terms

of the assignment agreement and of the Program against the

qualified purchaser.

(h) In determining whether any applicant shall be

designated as a qualified purchaser, the Department shall have

the right to review or approve sub-participants that intend to

purchase assigned receivables, directly or indirectly, by or

through the applicant. The Department reserves the right to

reject or terminate the designation of any applicant as a

qualified purchaser or require an applicant to exclude a

proposed sub-participant in order to become or remain a

qualified purchaser on the basis of a review, whether prior to

or after the designation. Each applicant and each qualified

purchaser has an affirmative obligation to promptly notify the

Department of any change or proposed change in the identity of

the sub-participants that it disclosed to the Department no

later than 3 business days after that change. Each

sub-participant shall be required to execute a sub-participant

certification that will be attached to the corresponding

qualified purchaser designation. Sub-participants shall meet,

at a minimum, the requirements of paragraphs (2), (3), (10),

and (11) of subsection (f).

(i) The Program, as codified under this Section, shall

continue until terminated or suspended as follows:

(1) The Program may be terminated or suspended: (A) by

the State Comptroller, after consulting with the

Department, by giving 10 days prior written notice to the

Department and the qualified purchasers in the Program; or

(B) by the Department, after consulting with the State

Comptroller, by giving 10 days prior written notice to the

State Comptroller and the qualified purchasers in the

Program.

(2) In the event a qualified purchaser or

sub-participant breaches or fails to meet any of the terms

or conditions of the Program, that qualified purchaser or

sub-participant may be terminated from the Program: (A) by

the State Comptroller, after consulting with the

Department. The termination shall be effective immediately

upon the State Comptroller giving written notice to the

Department and the qualified purchaser or sub-participant;

or (B) by the Department, after consulting with the State

Comptroller. The termination shall be effective

immediately upon the Department giving written notice to

the State Comptroller and the qualified purchaser or

sub-participant.

(3) A qualified purchaser or sub-participant may

terminate its participation in the Program, solely with

respect to its own participation in the Program, in the

event of any change to this Act from the form that existed

on the date that the qualified purchaser or the

sub-participant, as applicable, submitted the necessary

documentation for admission into the Program if the change

materially and adversely affects the qualified purchaser's

or the sub-participant's ability to purchase and receive

payment on receivables on the terms described in this

Section.

If the Program, a qualified purchaser, or a sub-participant

is terminated or suspended under paragraph paragraphs (1) or

(2) of this subsection (i), the Program, qualified purchaser,

or sub-participant may be reinstated only by written agreement

of the State Comptroller and the Department. No termination or

suspension under paragraph paragraphs (1), (2), or (3) of this

subsection (i) shall alter or affect the qualified purchaser's

or sub-participant's obligations with respect to assigned

receivables purchased by or through the qualified purchaser

prior to the termination.

(Source: P.A. 100-1089, eff. 8-24-18; revised 10-11-18.)

Section 255. The Grant Accountability and Transparency Act

is amended by changing Sections 25 and 45 and by renumbering

and changing Section 520 as follows:

(30 ILCS 708/25)

(Section scheduled to be repealed on July 16, 2020)

Sec. 25. Supplemental rules. On or before July 1, 2017, the

Governor's Office of Management and Budget, with the advice and

technical assistance of the Illinois Single Audit Commission,

shall adopt supplemental rules pertaining to the following:

(1) Criteria to define mandatory formula-based grants

and discretionary grants.

(2) The award of one-year grants for new applicants.

(3) The award of competitive grants in 3-year terms

(one-year initial terms with the option to renew for up to

2 additional years) to coincide with the federal award.

(4) The issuance of grants, including:

(A) public notice of announcements of funding

opportunities;

(B) the development of uniform grant applications;

(C) State agency review of merit of proposals and

risk posed by applicants;

(D) specific conditions for individual recipients

(including the use of a fiscal agent and additional

corrective conditions);

(E) certifications and representations;

(F) pre-award costs;

(G) performance measures and statewide prioritized

goals under Section 50-25 of the State Budget Law of

the Civil Administrative Code of Illinois, commonly

referred to as "Budgeting for Results"; and

(H) for mandatory formula grants, the merit of the

proposal and the risk posed should result in additional

reporting, monitoring, or measures such as

reimbursement-basis only.

(5) The development of uniform budget requirements,

which shall include:

(A) mandatory submission of budgets as part of the

grant application process;

(B) mandatory requirements regarding contents of

the budget including, at a minimum, common detail line

items specified under guidelines issued by the

Governor's Office of Management and Budget;

(C) a requirement that the budget allow

flexibility to add lines describing costs that are

common for the services provided as outlined in the

grant application;

(D) a requirement that the budget include

information necessary for analyzing cost and

performance for use in Budgeting for Results; and

(E) caps on the amount of salaries that may be

charged to grants based on the limitations imposed by

federal agencies.

(6) The development of pre-qualification requirements

for applicants, including the fiscal condition of the

organization and the provision of the following

information:

(A) organization name;

(B) Federal Employee Identification Number;

(C) Data Universal Numbering System (DUNS) number;

(D) fiscal condition;

(E) whether the applicant is in good standing with

the Secretary of State;

(F) past performance in administering grants;

(G) whether the applicant is on the Debarred and

Suspended List maintained by the Governor's Office of

Management and Budget;

(H) whether the applicant is on the federal

Excluded Parties List; and

(I) whether the applicant is on the Sanctioned

Party List maintained by the Illinois Department of

Healthcare and Family Services.

Nothing in this Act affects the provisions of the Fiscal

Control and Internal Auditing Act nor the requirement that the

management of each State agency is responsible for maintaining

effective internal controls under that Act.

For public institutions of higher education, the

provisions of this Section apply only to awards funded by State

appropriations and federal pass-through awards from a State

agency to public institutions of higher education.

(Source: P.A. 99-523, eff. 6-30-16; 100-676, eff. 1-1-19;

100-997, eff. 8-20-18; revised 10-9-18.)

(30 ILCS 708/45)

(Section scheduled to be repealed on July 16, 2020)

Sec. 45. Applicability.

(a) The requirements established under this Act apply to

State grant-making agencies that make State and federal

pass-through awards to non-federal entities. These

requirements apply to all costs related to State and federal

pass-through awards. The requirements established under this

Act do not apply to private awards.

(a-5) Nothing in this Act shall prohibit the use of State

funds for purposes of federal match or maintenance of effort.

(b) The terms and conditions of State, federal, and

pass-through awards apply to subawards and subrecipients

unless a particular Section of this Act or the terms and

conditions of the State or federal award specifically indicate

otherwise. Non-federal entities shall comply with requirements

of this Act regardless of whether the non-federal entity is a

recipient or subrecipient of a State or federal pass-through

award. Pass-through entities shall comply with the

requirements set forth under the rules adopted under subsection

(a) of Section 20 of this Act, but not to any requirements in

this Act directed towards State or federal awarding agencies,

unless the requirements of the State or federal awards indicate

otherwise.

When a non-federal entity is awarded a cost-reimbursement

contract, only 2 CFR 200.330 through 200.332 are incorporated

by reference into the contract. However, when the Cost

Accounting Standards are applicable to the contract, they take

precedence over the requirements of this Act unless they are in

conflict with Subpart F of 2 CFR 200. In addition, costs that

are made unallowable under 10 U.S.C. 2324(e) and 41 U.S.C.

4304(a), as described in the Federal Acquisition Regulations,

subpart 31.2 and subpart 31.603, are always unallowable. For

requirements other than those covered in Subpart D of 2 CFR

200.330 through 200.332, the terms of the contract and the

Federal Acquisition Regulations apply.

With the exception of Subpart F of 2 CFR 200, which is

required by the Single Audit Act, in any circumstances where

the provisions of federal statutes or regulations differ from

the provisions of this Act, the provision of the federal

statutes or regulations govern. This includes, for agreements

with Indian tribes, the provisions of the Indian

Self-Determination and Education and Assistance Act, as

amended, 25 U.S.C. 450-458ddd-2.

(c) State grant-making agencies may apply subparts A

through E of 2 CFR 200 to for-profit entities, foreign public

entities, or foreign organizations, except where the awarding

agency determines that the application of these subparts would

be inconsistent with the international obligations of the

United States or the statute or regulations of a foreign

government.

(d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to

different types of awards. The same applicability applies to

this Act.

(e) (Blank). for

(f) For public institutions of higher education, the

provisions of this Act apply only to awards funded by State

appropriations and federal pass-through awards from a State

agency to public institutions of higher education.

(g) Each grant-making agency shall enhance its processes to

monitor and address noncompliance with reporting requirements

and with program performance standards. Where applicable, the

process may include a corrective action plan. The monitoring

process shall include a plan for tracking and documenting

performance-based contracting decisions.

(Source: P.A. 100-676, eff. 1-1-19; 100-863, eff. 8-14-18;

revised 10-5-18.)

(30 ILCS 708/97) (was 30 ILCS 708/520)

Sec. 97 520. Separate accounts for State grant funds.

Notwithstanding any provision of law to the contrary, all

grants made and any grant agreement entered into, renewed, or

extended on or after August 20, 2018 (the effective date of

Public Act 100-997) this amendatory Act of the 100th General

Assembly, between a State grant-making agency and a nonprofit

organization, shall require the nonprofit organization

receiving grant funds to maintain those funds in an account

which is separate and distinct from any account holding

non-grant funds. Except as otherwise provided in an agreement

between a State grant-making agency and a nonprofit

organization, the grant funds held in a separate account by a

nonprofit organization shall not be used for non-grant-related

activities, and any unused grant funds shall be returned to the

State grant-making agency.

(Source: P.A. 100-997, eff. 8-20-18; revised 10-15-18.)

Section 260. The State Mandates Act is amended by changing

Sections 8.41 and 8.42 as follows:

(30 ILCS 805/8.41)

Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8

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

implementation of any mandate created by Public Act 100-23,

100-239, 100-281, 100-455, or 100-544, 100-621, 100-700, or

100-743 this amendatory Act of the 100th General Assembly.

(Source: P.A. 100-23, eff. 7-6-17; 100-239, eff. 8-18-17;

100-281, eff. 8-24-17; 100-455, eff. 8-25-17; 100-544, eff.

11-8-17; 100-621, eff. 7-20-18; 100-700, eff. 8-3-18; 100-743,

eff. 8-10-18; 100-863, eff. 8-14-18; revised 10-3-18.)

(30 ILCS 805/8.42)

(Text of Section before amendment by P.A. 100-1171)

Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8

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

implementation of any mandate created by Public Act 100-587 or

100-1144 this amendatory Act of the 100th General Assembly.

(Source: P.A. 100-587, eff. 6-4-18; 100-1144, eff. 11-28-18;

revised 1-8-19.)

(Text of Section after amendment by P.A. 100-1171)

Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8

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

implementation of any mandate created by Public Act 100-587,

100-1144, or 100-1171 this amendatory Act of the 100th General

Assembly.

(Source: P.A. 100-587, eff. 6-4-18; 100-1144, eff. 11-28-18;

100-1171, eff. 6-1-19; revised 1-8-19.)

Section 265. The Illinois Income Tax Act is amended by

changing Sections 203, 220, 221, 226, and 901 and by setting

forth and renumbering multiple versions of Section 227 as

follows:

(35 ILCS 5/203) (from Ch. 120, par. 2-203)

Sec. 203. Base income defined.

(a) Individuals.

(1) In general. In the case of an individual, base

income means an amount equal to the taxpayer's adjusted

gross income for the taxable year as modified by paragraph

(2).

(2) Modifications. The adjusted gross income referred

to in paragraph (1) shall be modified by adding thereto the

sum of the following amounts:

(A) An amount equal to all amounts paid or accrued

to the taxpayer as interest or dividends during the

taxable year to the extent excluded from gross income

in the computation of adjusted gross income, except

stock dividends of qualified public utilities

described in Section 305(e) of the Internal Revenue

Code;

(B) An amount equal to the amount of tax imposed by

this Act to the extent deducted from gross income in

the computation of adjusted gross income for the

taxable year;

(C) An amount equal to the amount received during

the taxable year as a recovery or refund of real

property taxes paid with respect to the taxpayer's

principal residence under the Revenue Act of 1939 and

for which a deduction was previously taken under

subparagraph (L) of this paragraph (2) prior to July 1,

1991, the retrospective application date of Article 4

of Public Act 87-17. In the case of multi-unit or

multi-use structures and farm dwellings, the taxes on

the taxpayer's principal residence shall be that

portion of the total taxes for the entire property

which is attributable to such principal residence;

(D) An amount equal to the amount of the capital

gain deduction allowable under the Internal Revenue

Code, to the extent deducted from gross income in the

computation of adjusted gross income;

(D-5) An amount, to the extent not included in

adjusted gross income, equal to the amount of money

withdrawn by the taxpayer in the taxable year from a

medical care savings account and the interest earned on

the account in the taxable year of a withdrawal

pursuant to subsection (b) of Section 20 of the Medical

Care Savings Account Act or subsection (b) of Section

20 of the Medical Care Savings Account Act of 2000;

(D-10) For taxable years ending after December 31,

1997, an amount equal to any eligible remediation costs

that the individual deducted in computing adjusted

gross income and for which the individual claims a

credit under subsection (l) of Section 201;

(D-15) For taxable years 2001 and thereafter, an

amount equal to the bonus depreciation deduction taken

on the taxpayer's federal income tax return for the

taxable year under subsection (k) of Section 168 of the

Internal Revenue Code;

(D-16) If the taxpayer sells, transfers, abandons,

or otherwise disposes of property for which the

taxpayer was required in any taxable year to make an

addition modification under subparagraph (D-15), then

an amount equal to the aggregate amount of the

deductions taken in all taxable years under

subparagraph (Z) with respect to that property.

If the taxpayer continues to own property through

the last day of the last tax year for which the

taxpayer may claim a depreciation deduction for

federal income tax purposes and for which the taxpayer

was allowed in any taxable year to make a subtraction

modification under subparagraph (Z), then an amount

equal to that subtraction modification.

The taxpayer is required to make the addition

modification under this subparagraph only once with

respect to any one piece of property;

(D-17) An amount equal to the amount otherwise

allowed as a deduction in computing base income for

interest paid, accrued, or incurred, directly or

indirectly, (i) for taxable years ending on or after

December 31, 2004, to a foreign person who would be a

member of the same unitary business group but for the

fact that foreign person's business activity outside

the United States is 80% or more of the foreign

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304. The addition modification

required by this subparagraph shall be reduced to the

extent that dividends were included in base income of

the unitary group for the same taxable year and

received by the taxpayer or by a member of the

taxpayer's unitary business group (including amounts

included in gross income under Sections 951 through 964

of the Internal Revenue Code and amounts included in

gross income under Section 78 of the Internal Revenue

Code) with respect to the stock of the same person to

whom the interest was paid, accrued, or incurred.

This paragraph shall not apply to the following:

(i) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person who

is subject in a foreign country or state, other

than a state which requires mandatory unitary

reporting, to a tax on or measured by net income

with respect to such interest; or

(ii) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person if

the taxpayer can establish, based on a

preponderance of the evidence, both of the

following:

(a) the person, during the same taxable

year, paid, accrued, or incurred, the interest

to a person that is not a related member, and

(b) the transaction giving rise to the

interest expense between the taxpayer and the

person did not have as a principal purpose the

avoidance of Illinois income tax, and is paid

pursuant to a contract or agreement that

reflects an arm's-length interest rate and

terms; or

(iii) the taxpayer can establish, based on

clear and convincing evidence, that the interest

paid, accrued, or incurred relates to a contract or

agreement entered into at arm's-length rates and

terms and the principal purpose for the payment is

not federal or Illinois tax avoidance; or

(iv) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person if

the taxpayer establishes by clear and convincing

evidence that the adjustments are unreasonable; or

if the taxpayer and the Director agree in writing

to the application or use of an alternative method

of apportionment under Section 304(f).

Nothing in this subsection shall preclude the

Director from making any other adjustment

otherwise allowed under Section 404 of this Act for

any tax year beginning after the effective date of

this amendment provided such adjustment is made

pursuant to regulation adopted by the Department

and such regulations provide methods and standards

by which the Department will utilize its authority

under Section 404 of this Act;

(D-18) An amount equal to the amount of intangible

expenses and costs otherwise allowed as a deduction in

computing base income, and that were paid, accrued, or

incurred, directly or indirectly, (i) for taxable

years ending on or after December 31, 2004, to a

foreign person who would be a member of the same

unitary business group but for the fact that the

foreign person's business activity outside the United

States is 80% or more of that person's total business

activity and (ii) for taxable years ending on or after

December 31, 2008, to a person who would be a member of

the same unitary business group but for the fact that

the person is prohibited under Section 1501(a)(27)

from being included in the unitary business group

because he or she is ordinarily required to apportion

business income under different subsections of Section

304. The addition modification required by this

subparagraph shall be reduced to the extent that

dividends were included in base income of the unitary

group for the same taxable year and received by the

taxpayer or by a member of the taxpayer's unitary

business group (including amounts included in gross

income under Sections 951 through 964 of the Internal

Revenue Code and amounts included in gross income under

Section 78 of the Internal Revenue Code) with respect

to the stock of the same person to whom the intangible

expenses and costs were directly or indirectly paid,

incurred, or accrued. The preceding sentence does not

apply to the extent that the same dividends caused a

reduction to the addition modification required under

Section 203(a)(2)(D-17) of this Act. As used in this

subparagraph, the term "intangible expenses and costs"

includes (1) expenses, losses, and costs for, or

related to, the direct or indirect acquisition, use,

maintenance or management, ownership, sale, exchange,

or any other disposition of intangible property; (2)

losses incurred, directly or indirectly, from

factoring transactions or discounting transactions;

(3) royalty, patent, technical, and copyright fees;

(4) licensing fees; and (5) other similar expenses and

costs. For purposes of this subparagraph, "intangible

property" includes patents, patent applications, trade

names, trademarks, service marks, copyrights, mask

works, trade secrets, and similar types of intangible

assets.

This paragraph shall not apply to the following:

(i) any item of intangible expenses or costs

paid, accrued, or incurred, directly or

indirectly, from a transaction with a person who is

subject in a foreign country or state, other than a

state which requires mandatory unitary reporting,

to a tax on or measured by net income with respect

to such item; or

(ii) any item of intangible expense or cost

paid, accrued, or incurred, directly or

indirectly, if the taxpayer can establish, based

on a preponderance of the evidence, both of the

following:

(a) the person during the same taxable

year paid, accrued, or incurred, the

intangible expense or cost to a person that is

not a related member, and

(b) the transaction giving rise to the

intangible expense or cost between the

taxpayer and the person did not have as a

principal purpose the avoidance of Illinois

income tax, and is paid pursuant to a contract

or agreement that reflects arm's-length terms;

or

(iii) any item of intangible expense or cost

paid, accrued, or incurred, directly or

indirectly, from a transaction with a person if the

taxpayer establishes by clear and convincing

evidence, that the adjustments are unreasonable;

or if the taxpayer and the Director agree in

writing to the application or use of an alternative

method of apportionment under Section 304(f);

Nothing in this subsection shall preclude the

Director from making any other adjustment

otherwise allowed under Section 404 of this Act for

any tax year beginning after the effective date of

this amendment provided such adjustment is made

pursuant to regulation adopted by the Department

and such regulations provide methods and standards

by which the Department will utilize its authority

under Section 404 of this Act;

(D-19) For taxable years ending on or after

December 31, 2008, an amount equal to the amount of

insurance premium expenses and costs otherwise allowed

as a deduction in computing base income, and that were

paid, accrued, or incurred, directly or indirectly, to

a person who would be a member of the same unitary

business group but for the fact that the person is

prohibited under Section 1501(a)(27) from being

included in the unitary business group because he or

she is ordinarily required to apportion business

income under different subsections of Section 304. The

addition modification required by this subparagraph

shall be reduced to the extent that dividends were

included in base income of the unitary group for the

same taxable year and received by the taxpayer or by a

member of the taxpayer's unitary business group

(including amounts included in gross income under

Sections 951 through 964 of the Internal Revenue Code

and amounts included in gross income under Section 78

of the Internal Revenue Code) with respect to the stock

of the same person to whom the premiums and costs were

directly or indirectly paid, incurred, or accrued. The

preceding sentence does not apply to the extent that

the same dividends caused a reduction to the addition

modification required under Section 203(a)(2)(D-17) or

Section 203(a)(2)(D-18) of this Act.

(D-20) For taxable years beginning on or after

January 1, 2002 and ending on or before December 31,

2006, in the case of a distribution from a qualified

tuition program under Section 529 of the Internal

Revenue Code, other than (i) a distribution from a

College Savings Pool created under Section 16.5 of the

State Treasurer Act or (ii) a distribution from the

Illinois Prepaid Tuition Trust Fund, an amount equal to

the amount excluded from gross income under Section

529(c)(3)(B). For taxable years beginning on or after

January 1, 2007, in the case of a distribution from a

qualified tuition program under Section 529 of the

Internal Revenue Code, other than (i) a distribution

from a College Savings Pool created under Section 16.5

of the State Treasurer Act, (ii) a distribution from

the Illinois Prepaid Tuition Trust Fund, or (iii) a

distribution from a qualified tuition program under

Section 529 of the Internal Revenue Code that (I)

adopts and determines that its offering materials

comply with the College Savings Plans Network's

disclosure principles and (II) has made reasonable

efforts to inform in-state residents of the existence

of in-state qualified tuition programs by informing

Illinois residents directly and, where applicable, to

inform financial intermediaries distributing the

program to inform in-state residents of the existence

of in-state qualified tuition programs at least

annually, an amount equal to the amount excluded from

gross income under Section 529(c)(3)(B).

For the purposes of this subparagraph (D-20), a

qualified tuition program has made reasonable efforts

if it makes disclosures (which may use the term

"in-state program" or "in-state plan" and need not

specifically refer to Illinois or its qualified

programs by name) (i) directly to prospective

participants in its offering materials or makes a

public disclosure, such as a website posting; and (ii)

where applicable, to intermediaries selling the

out-of-state program in the same manner that the

out-of-state program distributes its offering

materials;

(D-20.5) For taxable years beginning on or after

January 1, 2018, in the case of a distribution from a

qualified ABLE program under Section 529A of the

Internal Revenue Code, other than a distribution from a

qualified ABLE program created under Section 16.6 of

the State Treasurer Act, an amount equal to the amount

excluded from gross income under Section 529A(c)(1)(B)

of the Internal Revenue Code;

(D-21) For taxable years beginning on or after

January 1, 2007, in the case of transfer of moneys from

a qualified tuition program under Section 529 of the

Internal Revenue Code that is administered by the State

to an out-of-state program, an amount equal to the

amount of moneys previously deducted from base income

under subsection (a)(2)(Y) of this Section;

(D-21.5) For taxable years beginning on or after

January 1, 2018, in the case of the transfer of moneys

from a qualified tuition program under Section 529 or a

qualified ABLE program under Section 529A of the

Internal Revenue Code that is administered by this

State to an ABLE account established under an

out-of-state ABLE account program, an amount equal to

the contribution component of the transferred amount

that was previously deducted from base income under

subsection (a)(2)(Y) or subsection (a)(2)(HH) of this

Section;

(D-22) For taxable years beginning on or after

January 1, 2009, and prior to January 1, 2018, in the

case of a nonqualified withdrawal or refund of moneys

from a qualified tuition program under Section 529 of

the Internal Revenue Code administered by the State

that is not used for qualified expenses at an eligible

education institution, an amount equal to the

contribution component of the nonqualified withdrawal

or refund that was previously deducted from base income

under subsection (a)(2)(y) of this Section, provided

that the withdrawal or refund did not result from the

beneficiary's death or disability. For taxable years

beginning on or after January 1, 2018: (1) in the case

of a nonqualified withdrawal or refund, as defined

under Section 16.5 of the State Treasurer Act, of

moneys from a qualified tuition program under Section

529 of the Internal Revenue Code administered by the

State, an amount equal to the contribution component of

the nonqualified withdrawal or refund that was

previously deducted from base income under subsection

(a)(2)(Y) of this Section, and (2) in the case of a

nonqualified withdrawal or refund from a qualified

ABLE program under Section 529A of the Internal Revenue

Code administered by the State that is not used for

qualified disability expenses, an amount equal to the

contribution component of the nonqualified withdrawal

or refund that was previously deducted from base income

under subsection (a)(2)(HH) of this Section;

(D-23) An amount equal to the credit allowable to

the taxpayer under Section 218(a) of this Act,

determined without regard to Section 218(c) of this

Act;

(D-24) For taxable years ending on or after

December 31, 2017, an amount equal to the deduction

allowed under Section 199 of the Internal Revenue Code

for the taxable year;

and by deducting from the total so obtained the sum of the

following amounts:

(E) For taxable years ending before December 31,

2001, any amount included in such total in respect of

any compensation (including but not limited to any

compensation paid or accrued to a serviceman while a

prisoner of war or missing in action) paid to a

resident by reason of being on active duty in the Armed

Forces of the United States and in respect of any

compensation paid or accrued to a resident who as a

governmental employee was a prisoner of war or missing

in action, and in respect of any compensation paid to a

resident in 1971 or thereafter for annual training

performed pursuant to Sections 502 and 503, Title 32,

United States Code as a member of the Illinois National

Guard or, beginning with taxable years ending on or

after December 31, 2007, the National Guard of any

other state. For taxable years ending on or after

December 31, 2001, any amount included in such total in

respect of any compensation (including but not limited

to any compensation paid or accrued to a serviceman

while a prisoner of war or missing in action) paid to a

resident by reason of being a member of any component

of the Armed Forces of the United States and in respect

of any compensation paid or accrued to a resident who

as a governmental employee was a prisoner of war or

missing in action, and in respect of any compensation

paid to a resident in 2001 or thereafter by reason of

being a member of the Illinois National Guard or,

beginning with taxable years ending on or after

December 31, 2007, the National Guard of any other

state. The provisions of this subparagraph (E) are

exempt from the provisions of Section 250;

(F) An amount equal to all amounts included in such

total pursuant to the provisions of Sections 402(a),

402(c), 403(a), 403(b), 406(a), 407(a), and 408 of the

Internal Revenue Code, or included in such total as

distributions under the provisions of any retirement

or disability plan for employees of any governmental

agency or unit, or retirement payments to retired

partners, which payments are excluded in computing net

earnings from self employment by Section 1402 of the

Internal Revenue Code and regulations adopted pursuant

thereto;

(G) The valuation limitation amount;

(H) An amount equal to the amount of any tax

imposed by this Act which was refunded to the taxpayer

and included in such total for the taxable year;

(I) An amount equal to all amounts included in such

total pursuant to the provisions of Section 111 of the

Internal Revenue Code as a recovery of items previously

deducted from adjusted gross income in the computation

of taxable income;

(J) An amount equal to those dividends included in

such total which were paid by a corporation which

conducts business operations in a River Edge

Redevelopment Zone or zones created under the River

Edge Redevelopment Zone Act, and conducts

substantially all of its operations in a River Edge

Redevelopment Zone or zones. This subparagraph (J) is

exempt from the provisions of Section 250;

(K) An amount equal to those dividends included in

such total that were paid by a corporation that

conducts business operations in a federally designated

Foreign Trade Zone or Sub-Zone and that is designated a

High Impact Business located in Illinois; provided

that dividends eligible for the deduction provided in

subparagraph (J) of paragraph (2) of this subsection

shall not be eligible for the deduction provided under

this subparagraph (K);

(L) For taxable years ending after December 31,

1983, an amount equal to all social security benefits

and railroad retirement benefits included in such

total pursuant to Sections 72(r) and 86 of the Internal

Revenue Code;

(M) With the exception of any amounts subtracted

under subparagraph (N), an amount equal to the sum of

all amounts disallowed as deductions by (i) Sections

171(a)(2), and 265(a)(2) 265(2) of the Internal

Revenue Code, and all amounts of expenses allocable to

interest and disallowed as deductions by Section

265(a)(1) 265(1) of the Internal Revenue Code; and (ii)

for taxable years ending on or after August 13, 1999,

Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of

the Internal Revenue Code, plus, for taxable years

ending on or after December 31, 2011, Section 45G(e)(3)

of the Internal Revenue Code and, for taxable years

ending on or after December 31, 2008, any amount

included in gross income under Section 87 of the

Internal Revenue Code; the provisions of this

subparagraph are exempt from the provisions of Section

250;

(N) An amount equal to all amounts included in such

total which are exempt from taxation by this State

either by reason of its statutes or Constitution or by

reason of the Constitution, treaties or statutes of the

United States; provided that, in the case of any

statute of this State that exempts income derived from

bonds or other obligations from the tax imposed under

this Act, the amount exempted shall be the interest net

of bond premium amortization;

(O) An amount equal to any contribution made to a

job training project established pursuant to the Tax

Increment Allocation Redevelopment Act;

(P) An amount equal to the amount of the deduction

used to compute the federal income tax credit for

restoration of substantial amounts held under claim of

right for the taxable year pursuant to Section 1341 of

the Internal Revenue Code or of any itemized deduction

taken from adjusted gross income in the computation of

taxable income for restoration of substantial amounts

held under claim of right for the taxable year;

(Q) An amount equal to any amounts included in such

total, received by the taxpayer as an acceleration in

the payment of life, endowment or annuity benefits in

advance of the time they would otherwise be payable as

an indemnity for a terminal illness;

(R) An amount equal to the amount of any federal or

State bonus paid to veterans of the Persian Gulf War;

(S) An amount, to the extent included in adjusted

gross income, equal to the amount of a contribution

made in the taxable year on behalf of the taxpayer to a

medical care savings account established under the

Medical Care Savings Account Act or the Medical Care

Savings Account Act of 2000 to the extent the

contribution is accepted by the account administrator

as provided in that Act;

(T) An amount, to the extent included in adjusted

gross income, equal to the amount of interest earned in

the taxable year on a medical care savings account

established under the Medical Care Savings Account Act

or the Medical Care Savings Account Act of 2000 on

behalf of the taxpayer, other than interest added

pursuant to item (D-5) of this paragraph (2);

(U) For one taxable year beginning on or after

January 1, 1994, an amount equal to the total amount of

tax imposed and paid under subsections (a) and (b) of

Section 201 of this Act on grant amounts received by

the taxpayer under the Nursing Home Grant Assistance

Act during the taxpayer's taxable years 1992 and 1993;

(V) Beginning with tax years ending on or after

December 31, 1995 and ending with tax years ending on

or before December 31, 2004, an amount equal to the

amount paid by a taxpayer who is a self-employed

taxpayer, a partner of a partnership, or a shareholder

in a Subchapter S corporation for health insurance or

long-term care insurance for that taxpayer or that

taxpayer's spouse or dependents, to the extent that the

amount paid for that health insurance or long-term care

insurance may be deducted under Section 213 of the

Internal Revenue Code, has not been deducted on the

federal income tax return of the taxpayer, and does not

exceed the taxable income attributable to that

taxpayer's income, self-employment income, or

Subchapter S corporation income; except that no

deduction shall be allowed under this item (V) if the

taxpayer is eligible to participate in any health

insurance or long-term care insurance plan of an

employer of the taxpayer or the taxpayer's spouse. The

amount of the health insurance and long-term care

insurance subtracted under this item (V) shall be

determined by multiplying total health insurance and

long-term care insurance premiums paid by the taxpayer

times a number that represents the fractional

percentage of eligible medical expenses under Section

213 of the Internal Revenue Code of 1986 not actually

deducted on the taxpayer's federal income tax return;

(W) For taxable years beginning on or after January

1, 1998, all amounts included in the taxpayer's federal

gross income in the taxable year from amounts converted

from a regular IRA to a Roth IRA. This paragraph is

exempt from the provisions of Section 250;

(X) For taxable year 1999 and thereafter, an amount

equal to the amount of any (i) distributions, to the

extent includible in gross income for federal income

tax purposes, made to the taxpayer because of his or

her status as a victim of persecution for racial or

religious reasons by Nazi Germany or any other Axis

regime or as an heir of the victim and (ii) items of

income, to the extent includible in gross income for

federal income tax purposes, attributable to, derived

from or in any way related to assets stolen from,

hidden from, or otherwise lost to a victim of

persecution for racial or religious reasons by Nazi

Germany or any other Axis regime immediately prior to,

during, and immediately after World War II, including,

but not limited to, interest on the proceeds receivable

as insurance under policies issued to a victim of

persecution for racial or religious reasons by Nazi

Germany or any other Axis regime by European insurance

companies immediately prior to and during World War II;

provided, however, this subtraction from federal

adjusted gross income does not apply to assets acquired

with such assets or with the proceeds from the sale of

such assets; provided, further, this paragraph shall

only apply to a taxpayer who was the first recipient of

such assets after their recovery and who is a victim of

persecution for racial or religious reasons by Nazi

Germany or any other Axis regime or as an heir of the

victim. The amount of and the eligibility for any

public assistance, benefit, or similar entitlement is

not affected by the inclusion of items (i) and (ii) of

this paragraph in gross income for federal income tax

purposes. This paragraph is exempt from the provisions

of Section 250;

(Y) For taxable years beginning on or after January

1, 2002 and ending on or before December 31, 2004,

moneys contributed in the taxable year to a College

Savings Pool account under Section 16.5 of the State

Treasurer Act, except that amounts excluded from gross

income under Section 529(c)(3)(C)(i) of the Internal

Revenue Code shall not be considered moneys

contributed under this subparagraph (Y). For taxable

years beginning on or after January 1, 2005, a maximum

of $10,000 contributed in the taxable year to (i) a

College Savings Pool account under Section 16.5 of the

State Treasurer Act or (ii) the Illinois Prepaid

Tuition Trust Fund, except that amounts excluded from

gross income under Section 529(c)(3)(C)(i) of the

Internal Revenue Code shall not be considered moneys

contributed under this subparagraph (Y). For purposes

of this subparagraph, contributions made by an

employer on behalf of an employee, or matching

contributions made by an employee, shall be treated as

made by the employee. This subparagraph (Y) is exempt

from the provisions of Section 250;

(Z) For taxable years 2001 and thereafter, for the

taxable year in which the bonus depreciation deduction

is taken on the taxpayer's federal income tax return

under subsection (k) of Section 168 of the Internal

Revenue Code and for each applicable taxable year

thereafter, an amount equal to "x", where:

(1) "y" equals the amount of the depreciation

deduction taken for the taxable year on the

taxpayer's federal income tax return on property

for which the bonus depreciation deduction was

taken in any year under subsection (k) of Section

168 of the Internal Revenue Code, but not including

the bonus depreciation deduction;

(2) for taxable years ending on or before

December 31, 2005, "x" equals "y" multiplied by 30

and then divided by 70 (or "y" multiplied by

0.429); and

(3) for taxable years ending after December

31, 2005:

(i) for property on which a bonus

depreciation deduction of 30% of the adjusted

basis was taken, "x" equals "y" multiplied by

30 and then divided by 70 (or "y" multiplied by

0.429); and

(ii) for property on which a bonus

depreciation deduction of 50% of the adjusted

basis was taken, "x" equals "y" multiplied by

1.0.

The aggregate amount deducted under this

subparagraph in all taxable years for any one piece of

property may not exceed the amount of the bonus

depreciation deduction taken on that property on the

taxpayer's federal income tax return under subsection

(k) of Section 168 of the Internal Revenue Code. This

subparagraph (Z) is exempt from the provisions of

Section 250;

(AA) If the taxpayer sells, transfers, abandons,

or otherwise disposes of property for which the

taxpayer was required in any taxable year to make an

addition modification under subparagraph (D-15), then

an amount equal to that addition modification.

If the taxpayer continues to own property through

the last day of the last tax year for which the

taxpayer may claim a depreciation deduction for

federal income tax purposes and for which the taxpayer

was required in any taxable year to make an addition

modification under subparagraph (D-15), then an amount

equal to that addition modification.

The taxpayer is allowed to take the deduction under

this subparagraph only once with respect to any one

piece of property.

This subparagraph (AA) is exempt from the

provisions of Section 250;

(BB) Any amount included in adjusted gross income,

other than salary, received by a driver in a

ridesharing arrangement using a motor vehicle;

(CC) The amount of (i) any interest income (net of

the deductions allocable thereto) taken into account

for the taxable year with respect to a transaction with

a taxpayer that is required to make an addition

modification with respect to such transaction under

Section 203(a)(2)(D-17), 203(b)(2)(E-12),

203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

the amount of that addition modification, and (ii) any

income from intangible property (net of the deductions

allocable thereto) taken into account for the taxable

year with respect to a transaction with a taxpayer that

is required to make an addition modification with

respect to such transaction under Section

203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

203(d)(2)(D-8), but not to exceed the amount of that

addition modification. This subparagraph (CC) is

exempt from the provisions of Section 250;

(DD) An amount equal to the interest income taken

into account for the taxable year (net of the

deductions allocable thereto) with respect to

transactions with (i) a foreign person who would be a

member of the taxpayer's unitary business group but for

the fact that the foreign person's business activity

outside the United States is 80% or more of that

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304, but not to exceed the

addition modification required to be made for the same

taxable year under Section 203(a)(2)(D-17) for

interest paid, accrued, or incurred, directly or

indirectly, to the same person. This subparagraph (DD)

is exempt from the provisions of Section 250;

(EE) An amount equal to the income from intangible

property taken into account for the taxable year (net

of the deductions allocable thereto) with respect to

transactions with (i) a foreign person who would be a

member of the taxpayer's unitary business group but for

the fact that the foreign person's business activity

outside the United States is 80% or more of that

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304, but not to exceed the

addition modification required to be made for the same

taxable year under Section 203(a)(2)(D-18) for

intangible expenses and costs paid, accrued, or

incurred, directly or indirectly, to the same foreign

person. This subparagraph (EE) is exempt from the

provisions of Section 250;

(FF) An amount equal to any amount awarded to the

taxpayer during the taxable year by the Court of Claims

under subsection (c) of Section 8 of the Court of

Claims Act for time unjustly served in a State prison.

This subparagraph (FF) is exempt from the provisions of

Section 250;

(GG) For taxable years ending on or after December

31, 2011, in the case of a taxpayer who was required to

add back any insurance premiums under Section

203(a)(2)(D-19), such taxpayer may elect to subtract

that part of a reimbursement received from the

insurance company equal to the amount of the expense or

loss (including expenses incurred by the insurance

company) that would have been taken into account as a

deduction for federal income tax purposes if the

expense or loss had been uninsured. If a taxpayer makes

the election provided for by this subparagraph (GG),

the insurer to which the premiums were paid must add

back to income the amount subtracted by the taxpayer

pursuant to this subparagraph (GG). This subparagraph

(GG) is exempt from the provisions of Section 250; and

(HH) For taxable years beginning on or after

January 1, 2018 and prior to January 1, 2023, a maximum

of $10,000 contributed in the taxable year to a

qualified ABLE account under Section 16.6 of the State

Treasurer Act, except that amounts excluded from gross

income under Section 529(c)(3)(C)(i) or Section

529A(c)(1)(C) of the Internal Revenue Code shall not be

considered moneys contributed under this subparagraph

(HH). For purposes of this subparagraph (HH),

contributions made by an employer on behalf of an

employee, or matching contributions made by an

employee, shall be treated as made by the employee.

(b) Corporations.

(1) In general. In the case of a corporation, base

income means an amount equal to the taxpayer's taxable

income for the taxable year as modified by paragraph (2).

(2) Modifications. The taxable income referred to in

paragraph (1) shall be modified by adding thereto the sum

of the following amounts:

(A) An amount equal to all amounts paid or accrued

to the taxpayer as interest and all distributions

received from regulated investment companies during

the taxable year to the extent excluded from gross

income in the computation of taxable income;

(B) An amount equal to the amount of tax imposed by

this Act to the extent deducted from gross income in

the computation of taxable income for the taxable year;

(C) In the case of a regulated investment company,

an amount equal to the excess of (i) the net long-term

capital gain for the taxable year, over (ii) the amount

of the capital gain dividends designated as such in

accordance with Section 852(b)(3)(C) of the Internal

Revenue Code and any amount designated under Section

852(b)(3)(D) of the Internal Revenue Code,

attributable to the taxable year (this amendatory Act

of 1995 (Public Act 89-89) is declarative of existing

law and is not a new enactment);

(D) The amount of any net operating loss deduction

taken in arriving at taxable income, other than a net

operating loss carried forward from a taxable year

ending prior to December 31, 1986;

(E) For taxable years in which a net operating loss

carryback or carryforward from a taxable year ending

prior to December 31, 1986 is an element of taxable

income under paragraph (1) of subsection (e) or

subparagraph (E) of paragraph (2) of subsection (e),

the amount by which addition modifications other than

those provided by this subparagraph (E) exceeded

subtraction modifications in such earlier taxable

year, with the following limitations applied in the

order that they are listed:

(i) the addition modification relating to the

net operating loss carried back or forward to the

taxable year from any taxable year ending prior to

December 31, 1986 shall be reduced by the amount of

addition modification under this subparagraph (E)

which related to that net operating loss and which

was taken into account in calculating the base

income of an earlier taxable year, and

(ii) the addition modification relating to the

net operating loss carried back or forward to the

taxable year from any taxable year ending prior to

December 31, 1986 shall not exceed the amount of

such carryback or carryforward;

For taxable years in which there is a net operating

loss carryback or carryforward from more than one other

taxable year ending prior to December 31, 1986, the

addition modification provided in this subparagraph

(E) shall be the sum of the amounts computed

independently under the preceding provisions of this

subparagraph (E) for each such taxable year;

(E-5) For taxable years ending after December 31,

1997, an amount equal to any eligible remediation costs

that the corporation deducted in computing adjusted

gross income and for which the corporation claims a

credit under subsection (l) of Section 201;

(E-10) For taxable years 2001 and thereafter, an

amount equal to the bonus depreciation deduction taken

on the taxpayer's federal income tax return for the

taxable year under subsection (k) of Section 168 of the

Internal Revenue Code;

(E-11) If the taxpayer sells, transfers, abandons,

or otherwise disposes of property for which the

taxpayer was required in any taxable year to make an

addition modification under subparagraph (E-10), then

an amount equal to the aggregate amount of the

deductions taken in all taxable years under

subparagraph (T) with respect to that property.

If the taxpayer continues to own property through

the last day of the last tax year for which the

taxpayer may claim a depreciation deduction for

federal income tax purposes and for which the taxpayer

was allowed in any taxable year to make a subtraction

modification under subparagraph (T), then an amount

equal to that subtraction modification.

The taxpayer is required to make the addition

modification under this subparagraph only once with

respect to any one piece of property;

(E-12) An amount equal to the amount otherwise

allowed as a deduction in computing base income for

interest paid, accrued, or incurred, directly or

indirectly, (i) for taxable years ending on or after

December 31, 2004, to a foreign person who would be a

member of the same unitary business group but for the

fact the foreign person's business activity outside

the United States is 80% or more of the foreign

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304. The addition modification

required by this subparagraph shall be reduced to the

extent that dividends were included in base income of

the unitary group for the same taxable year and

received by the taxpayer or by a member of the

taxpayer's unitary business group (including amounts

included in gross income pursuant to Sections 951

through 964 of the Internal Revenue Code and amounts

included in gross income under Section 78 of the

Internal Revenue Code) with respect to the stock of the

same person to whom the interest was paid, accrued, or

incurred.

This paragraph shall not apply to the following:

(i) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person who

is subject in a foreign country or state, other

than a state which requires mandatory unitary

reporting, to a tax on or measured by net income

with respect to such interest; or

(ii) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person if

the taxpayer can establish, based on a

preponderance of the evidence, both of the

following:

(a) the person, during the same taxable

year, paid, accrued, or incurred, the interest

to a person that is not a related member, and

(b) the transaction giving rise to the

interest expense between the taxpayer and the

person did not have as a principal purpose the

avoidance of Illinois income tax, and is paid

pursuant to a contract or agreement that

reflects an arm's-length interest rate and

terms; or

(iii) the taxpayer can establish, based on

clear and convincing evidence, that the interest

paid, accrued, or incurred relates to a contract or

agreement entered into at arm's-length rates and

terms and the principal purpose for the payment is

not federal or Illinois tax avoidance; or

(iv) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person if

the taxpayer establishes by clear and convincing

evidence that the adjustments are unreasonable; or

if the taxpayer and the Director agree in writing

to the application or use of an alternative method

of apportionment under Section 304(f).

Nothing in this subsection shall preclude the

Director from making any other adjustment

otherwise allowed under Section 404 of this Act for

any tax year beginning after the effective date of

this amendment provided such adjustment is made

pursuant to regulation adopted by the Department

and such regulations provide methods and standards

by which the Department will utilize its authority

under Section 404 of this Act;

(E-13) An amount equal to the amount of intangible

expenses and costs otherwise allowed as a deduction in

computing base income, and that were paid, accrued, or

incurred, directly or indirectly, (i) for taxable

years ending on or after December 31, 2004, to a

foreign person who would be a member of the same

unitary business group but for the fact that the

foreign person's business activity outside the United

States is 80% or more of that person's total business

activity and (ii) for taxable years ending on or after

December 31, 2008, to a person who would be a member of

the same unitary business group but for the fact that

the person is prohibited under Section 1501(a)(27)

from being included in the unitary business group

because he or she is ordinarily required to apportion

business income under different subsections of Section

304. The addition modification required by this

subparagraph shall be reduced to the extent that

dividends were included in base income of the unitary

group for the same taxable year and received by the

taxpayer or by a member of the taxpayer's unitary

business group (including amounts included in gross

income pursuant to Sections 951 through 964 of the

Internal Revenue Code and amounts included in gross

income under Section 78 of the Internal Revenue Code)

with respect to the stock of the same person to whom

the intangible expenses and costs were directly or

indirectly paid, incurred, or accrued. The preceding

sentence shall not apply to the extent that the same

dividends caused a reduction to the addition

modification required under Section 203(b)(2)(E-12) of

this Act. As used in this subparagraph, the term

"intangible expenses and costs" includes (1) expenses,

losses, and costs for, or related to, the direct or

indirect acquisition, use, maintenance or management,

ownership, sale, exchange, or any other disposition of

intangible property; (2) losses incurred, directly or

indirectly, from factoring transactions or discounting

transactions; (3) royalty, patent, technical, and

copyright fees; (4) licensing fees; and (5) other

similar expenses and costs. For purposes of this

subparagraph, "intangible property" includes patents,

patent applications, trade names, trademarks, service

marks, copyrights, mask works, trade secrets, and

similar types of intangible assets.

This paragraph shall not apply to the following:

(i) any item of intangible expenses or costs

paid, accrued, or incurred, directly or

indirectly, from a transaction with a person who is

subject in a foreign country or state, other than a

state which requires mandatory unitary reporting,

to a tax on or measured by net income with respect

to such item; or

(ii) any item of intangible expense or cost

paid, accrued, or incurred, directly or

indirectly, if the taxpayer can establish, based

on a preponderance of the evidence, both of the

following:

(a) the person during the same taxable

year paid, accrued, or incurred, the

intangible expense or cost to a person that is

not a related member, and

(b) the transaction giving rise to the

intangible expense or cost between the

taxpayer and the person did not have as a

principal purpose the avoidance of Illinois

income tax, and is paid pursuant to a contract

or agreement that reflects arm's-length terms;

or

(iii) any item of intangible expense or cost

paid, accrued, or incurred, directly or

indirectly, from a transaction with a person if the

taxpayer establishes by clear and convincing

evidence, that the adjustments are unreasonable;

or if the taxpayer and the Director agree in

writing to the application or use of an alternative

method of apportionment under Section 304(f);

Nothing in this subsection shall preclude the

Director from making any other adjustment

otherwise allowed under Section 404 of this Act for

any tax year beginning after the effective date of

this amendment provided such adjustment is made

pursuant to regulation adopted by the Department

and such regulations provide methods and standards

by which the Department will utilize its authority

under Section 404 of this Act;

(E-14) For taxable years ending on or after

December 31, 2008, an amount equal to the amount of

insurance premium expenses and costs otherwise allowed

as a deduction in computing base income, and that were

paid, accrued, or incurred, directly or indirectly, to

a person who would be a member of the same unitary

business group but for the fact that the person is

prohibited under Section 1501(a)(27) from being

included in the unitary business group because he or

she is ordinarily required to apportion business

income under different subsections of Section 304. The

addition modification required by this subparagraph

shall be reduced to the extent that dividends were

included in base income of the unitary group for the

same taxable year and received by the taxpayer or by a

member of the taxpayer's unitary business group

(including amounts included in gross income under

Sections 951 through 964 of the Internal Revenue Code

and amounts included in gross income under Section 78

of the Internal Revenue Code) with respect to the stock

of the same person to whom the premiums and costs were

directly or indirectly paid, incurred, or accrued. The

preceding sentence does not apply to the extent that

the same dividends caused a reduction to the addition

modification required under Section 203(b)(2)(E-12) or

Section 203(b)(2)(E-13) of this Act;

(E-15) For taxable years beginning after December

31, 2008, any deduction for dividends paid by a captive

real estate investment trust that is allowed to a real

estate investment trust under Section 857(b)(2)(B) of

the Internal Revenue Code for dividends paid;

(E-16) An amount equal to the credit allowable to

the taxpayer under Section 218(a) of this Act,

determined without regard to Section 218(c) of this

Act;

(E-17) For taxable years ending on or after

December 31, 2017, an amount equal to the deduction

allowed under Section 199 of the Internal Revenue Code

for the taxable year;

and by deducting from the total so obtained the sum of the

following amounts:

(F) An amount equal to the amount of any tax

imposed by this Act which was refunded to the taxpayer

and included in such total for the taxable year;

(G) An amount equal to any amount included in such

total under Section 78 of the Internal Revenue Code;

(H) In the case of a regulated investment company,

an amount equal to the amount of exempt interest

dividends as defined in subsection (b)(5) of Section

852 of the Internal Revenue Code, paid to shareholders

for the taxable year;

(I) With the exception of any amounts subtracted

under subparagraph (J), an amount equal to the sum of

all amounts disallowed as deductions by (i) Sections

171(a)(2), and 265(a)(2) and amounts disallowed as

interest expense by Section 291(a)(3) of the Internal

Revenue Code, and all amounts of expenses allocable to

interest and disallowed as deductions by Section

265(a)(1) of the Internal Revenue Code; and (ii) for

taxable years ending on or after August 13, 1999,

Sections 171(a)(2), 265, 280C, 291(a)(3), and

832(b)(5)(B)(i) of the Internal Revenue Code, plus,

for tax years ending on or after December 31, 2011,

amounts disallowed as deductions by Section 45G(e)(3)

of the Internal Revenue Code and, for taxable years

ending on or after December 31, 2008, any amount

included in gross income under Section 87 of the

Internal Revenue Code and the policyholders' share of

tax-exempt interest of a life insurance company under

Section 807(a)(2)(B) of the Internal Revenue Code (in

the case of a life insurance company with gross income

from a decrease in reserves for the tax year) or

Section 807(b)(1)(B) of the Internal Revenue Code (in

the case of a life insurance company allowed a

deduction for an increase in reserves for the tax

year); the provisions of this subparagraph are exempt

from the provisions of Section 250;

(J) An amount equal to all amounts included in such

total which are exempt from taxation by this State

either by reason of its statutes or Constitution or by

reason of the Constitution, treaties or statutes of the

United States; provided that, in the case of any

statute of this State that exempts income derived from

bonds or other obligations from the tax imposed under

this Act, the amount exempted shall be the interest net

of bond premium amortization;

(K) An amount equal to those dividends included in

such total which were paid by a corporation which

conducts business operations in a River Edge

Redevelopment Zone or zones created under the River

Edge Redevelopment Zone Act and conducts substantially

all of its operations in a River Edge Redevelopment

Zone or zones. This subparagraph (K) is exempt from the

provisions of Section 250;

(L) An amount equal to those dividends included in

such total that were paid by a corporation that

conducts business operations in a federally designated

Foreign Trade Zone or Sub-Zone and that is designated a

High Impact Business located in Illinois; provided

that dividends eligible for the deduction provided in

subparagraph (K) of paragraph 2 of this subsection

shall not be eligible for the deduction provided under

this subparagraph (L);

(M) For any taxpayer that is a financial

organization within the meaning of Section 304(c) of

this Act, an amount included in such total as interest

income from a loan or loans made by such taxpayer to a

borrower, to the extent that such a loan is secured by

property which is eligible for the River Edge

Redevelopment Zone Investment Credit. To determine the

portion of a loan or loans that is secured by property

eligible for a Section 201(f) investment credit to the

borrower, the entire principal amount of the loan or

loans between the taxpayer and the borrower should be

divided into the basis of the Section 201(f) investment

credit property which secures the loan or loans, using

for this purpose the original basis of such property on

the date that it was placed in service in the River

Edge Redevelopment Zone. The subtraction modification

available to the taxpayer in any year under this

subsection shall be that portion of the total interest

paid by the borrower with respect to such loan

attributable to the eligible property as calculated

under the previous sentence. This subparagraph (M) is

exempt from the provisions of Section 250;

(M-1) For any taxpayer that is a financial

organization within the meaning of Section 304(c) of

this Act, an amount included in such total as interest

income from a loan or loans made by such taxpayer to a

borrower, to the extent that such a loan is secured by

property which is eligible for the High Impact Business

Investment Credit. To determine the portion of a loan

or loans that is secured by property eligible for a

Section 201(h) investment credit to the borrower, the

entire principal amount of the loan or loans between

the taxpayer and the borrower should be divided into

the basis of the Section 201(h) investment credit

property which secures the loan or loans, using for

this purpose the original basis of such property on the

date that it was placed in service in a federally

designated Foreign Trade Zone or Sub-Zone located in

Illinois. No taxpayer that is eligible for the

deduction provided in subparagraph (M) of paragraph

(2) of this subsection shall be eligible for the

deduction provided under this subparagraph (M-1). The

subtraction modification available to taxpayers in any

year under this subsection shall be that portion of the

total interest paid by the borrower with respect to

such loan attributable to the eligible property as

calculated under the previous sentence;

(N) Two times any contribution made during the

taxable year to a designated zone organization to the

extent that the contribution (i) qualifies as a

charitable contribution under subsection (c) of

Section 170 of the Internal Revenue Code and (ii) must,

by its terms, be used for a project approved by the

Department of Commerce and Economic Opportunity under

Section 11 of the Illinois Enterprise Zone Act or under

Section 10-10 of the River Edge Redevelopment Zone Act.

This subparagraph (N) is exempt from the provisions of

Section 250;

(O) An amount equal to: (i) 85% for taxable years

ending on or before December 31, 1992, or, a percentage

equal to the percentage allowable under Section

243(a)(1) of the Internal Revenue Code of 1986 for

taxable years ending after December 31, 1992, of the

amount by which dividends included in taxable income

and received from a corporation that is not created or

organized under the laws of the United States or any

state or political subdivision thereof, including, for

taxable years ending on or after December 31, 1988,

dividends received or deemed received or paid or deemed

paid under Sections 951 through 965 of the Internal

Revenue Code, exceed the amount of the modification

provided under subparagraph (G) of paragraph (2) of

this subsection (b) which is related to such dividends,

and including, for taxable years ending on or after

December 31, 2008, dividends received from a captive

real estate investment trust; plus (ii) 100% of the

amount by which dividends, included in taxable income

and received, including, for taxable years ending on or

after December 31, 1988, dividends received or deemed

received or paid or deemed paid under Sections 951

through 964 of the Internal Revenue Code and including,

for taxable years ending on or after December 31, 2008,

dividends received from a captive real estate

investment trust, from any such corporation specified

in clause (i) that would but for the provisions of

Section 1504(b)(3) of the Internal Revenue Code be

treated as a member of the affiliated group which

includes the dividend recipient, exceed the amount of

the modification provided under subparagraph (G) of

paragraph (2) of this subsection (b) which is related

to such dividends. This subparagraph (O) is exempt from

the provisions of Section 250 of this Act;

(P) An amount equal to any contribution made to a

job training project established pursuant to the Tax

Increment Allocation Redevelopment Act;

(Q) An amount equal to the amount of the deduction

used to compute the federal income tax credit for

restoration of substantial amounts held under claim of

right for the taxable year pursuant to Section 1341 of

the Internal Revenue Code;

(R) On and after July 20, 1999, in the case of an

attorney-in-fact with respect to whom an interinsurer

or a reciprocal insurer has made the election under

Section 835 of the Internal Revenue Code, 26 U.S.C.

835, an amount equal to the excess, if any, of the

amounts paid or incurred by that interinsurer or

reciprocal insurer in the taxable year to the

attorney-in-fact over the deduction allowed to that

interinsurer or reciprocal insurer with respect to the

attorney-in-fact under Section 835(b) of the Internal

Revenue Code for the taxable year; the provisions of

this subparagraph are exempt from the provisions of

Section 250;

(S) For taxable years ending on or after December

31, 1997, in the case of a Subchapter S corporation, an

amount equal to all amounts of income allocable to a

shareholder subject to the Personal Property Tax

Replacement Income Tax imposed by subsections (c) and

(d) of Section 201 of this Act, including amounts

allocable to organizations exempt from federal income

tax by reason of Section 501(a) of the Internal Revenue

Code. This subparagraph (S) is exempt from the

provisions of Section 250;

(T) For taxable years 2001 and thereafter, for the

taxable year in which the bonus depreciation deduction

is taken on the taxpayer's federal income tax return

under subsection (k) of Section 168 of the Internal

Revenue Code and for each applicable taxable year

thereafter, an amount equal to "x", where:

(1) "y" equals the amount of the depreciation

deduction taken for the taxable year on the

taxpayer's federal income tax return on property

for which the bonus depreciation deduction was

taken in any year under subsection (k) of Section

168 of the Internal Revenue Code, but not including

the bonus depreciation deduction;

(2) for taxable years ending on or before

December 31, 2005, "x" equals "y" multiplied by 30

and then divided by 70 (or "y" multiplied by

0.429); and

(3) for taxable years ending after December

31, 2005:

(i) for property on which a bonus

depreciation deduction of 30% of the adjusted

basis was taken, "x" equals "y" multiplied by

30 and then divided by 70 (or "y" multiplied by

0.429); and

(ii) for property on which a bonus

depreciation deduction of 50% of the adjusted

basis was taken, "x" equals "y" multiplied by

1.0.

The aggregate amount deducted under this

subparagraph in all taxable years for any one piece of

property may not exceed the amount of the bonus

depreciation deduction taken on that property on the

taxpayer's federal income tax return under subsection

(k) of Section 168 of the Internal Revenue Code. This

subparagraph (T) is exempt from the provisions of

Section 250;

(U) If the taxpayer sells, transfers, abandons, or

otherwise disposes of property for which the taxpayer

was required in any taxable year to make an addition

modification under subparagraph (E-10), then an amount

equal to that addition modification.

If the taxpayer continues to own property through

the last day of the last tax year for which the

taxpayer may claim a depreciation deduction for

federal income tax purposes and for which the taxpayer

was required in any taxable year to make an addition

modification under subparagraph (E-10), then an amount

equal to that addition modification.

The taxpayer is allowed to take the deduction under

this subparagraph only once with respect to any one

piece of property.

This subparagraph (U) is exempt from the

provisions of Section 250;

(V) The amount of: (i) any interest income (net of

the deductions allocable thereto) taken into account

for the taxable year with respect to a transaction with

a taxpayer that is required to make an addition

modification with respect to such transaction under

Section 203(a)(2)(D-17), 203(b)(2)(E-12),

203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

the amount of such addition modification, (ii) any

income from intangible property (net of the deductions

allocable thereto) taken into account for the taxable

year with respect to a transaction with a taxpayer that

is required to make an addition modification with

respect to such transaction under Section

203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

203(d)(2)(D-8), but not to exceed the amount of such

addition modification, and (iii) any insurance premium

income (net of deductions allocable thereto) taken

into account for the taxable year with respect to a

transaction with a taxpayer that is required to make an

addition modification with respect to such transaction

under Section 203(a)(2)(D-19), Section

203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section

203(d)(2)(D-9), but not to exceed the amount of that

addition modification. This subparagraph (V) is exempt

from the provisions of Section 250;

(W) An amount equal to the interest income taken

into account for the taxable year (net of the

deductions allocable thereto) with respect to

transactions with (i) a foreign person who would be a

member of the taxpayer's unitary business group but for

the fact that the foreign person's business activity

outside the United States is 80% or more of that

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304, but not to exceed the

addition modification required to be made for the same

taxable year under Section 203(b)(2)(E-12) for

interest paid, accrued, or incurred, directly or

indirectly, to the same person. This subparagraph (W)

is exempt from the provisions of Section 250;

(X) An amount equal to the income from intangible

property taken into account for the taxable year (net

of the deductions allocable thereto) with respect to

transactions with (i) a foreign person who would be a

member of the taxpayer's unitary business group but for

the fact that the foreign person's business activity

outside the United States is 80% or more of that

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304, but not to exceed the

addition modification required to be made for the same

taxable year under Section 203(b)(2)(E-13) for

intangible expenses and costs paid, accrued, or

incurred, directly or indirectly, to the same foreign

person. This subparagraph (X) is exempt from the

provisions of Section 250;

(Y) For taxable years ending on or after December

31, 2011, in the case of a taxpayer who was required to

add back any insurance premiums under Section

203(b)(2)(E-14), such taxpayer may elect to subtract

that part of a reimbursement received from the

insurance company equal to the amount of the expense or

loss (including expenses incurred by the insurance

company) that would have been taken into account as a

deduction for federal income tax purposes if the

expense or loss had been uninsured. If a taxpayer makes

the election provided for by this subparagraph (Y), the

insurer to which the premiums were paid must add back

to income the amount subtracted by the taxpayer

pursuant to this subparagraph (Y). This subparagraph

(Y) is exempt from the provisions of Section 250; and

(Z) The difference between the nondeductible

controlled foreign corporation dividends under Section

965(e)(3) of the Internal Revenue Code over the taxable

income of the taxpayer, computed without regard to

Section 965(e)(2)(A) of the Internal Revenue Code, and

without regard to any net operating loss deduction.

This subparagraph (Z) is exempt from the provisions of

Section 250.

(3) Special rule. For purposes of paragraph (2)(A),

"gross income" in the case of a life insurance company, for

tax years ending on and after December 31, 1994, and prior

to December 31, 2011, shall mean the gross investment

income for the taxable year and, for tax years ending on or

after December 31, 2011, shall mean all amounts included in

life insurance gross income under Section 803(a)(3) of the

Internal Revenue Code.

(c) Trusts and estates.

(1) In general. In the case of a trust or estate, base

income means an amount equal to the taxpayer's taxable

income for the taxable year as modified by paragraph (2).

(2) Modifications. Subject to the provisions of

paragraph (3), the taxable income referred to in paragraph

(1) shall be modified by adding thereto the sum of the

following amounts:

(A) An amount equal to all amounts paid or accrued

to the taxpayer as interest or dividends during the

taxable year to the extent excluded from gross income

in the computation of taxable income;

(B) In the case of (i) an estate, $600; (ii) a

trust which, under its governing instrument, is

required to distribute all of its income currently,

$300; and (iii) any other trust, $100, but in each such

case, only to the extent such amount was deducted in

the computation of taxable income;

(C) An amount equal to the amount of tax imposed by

this Act to the extent deducted from gross income in

the computation of taxable income for the taxable year;

(D) The amount of any net operating loss deduction

taken in arriving at taxable income, other than a net

operating loss carried forward from a taxable year

ending prior to December 31, 1986;

(E) For taxable years in which a net operating loss

carryback or carryforward from a taxable year ending

prior to December 31, 1986 is an element of taxable

income under paragraph (1) of subsection (e) or

subparagraph (E) of paragraph (2) of subsection (e),

the amount by which addition modifications other than

those provided by this subparagraph (E) exceeded

subtraction modifications in such taxable year, with

the following limitations applied in the order that

they are listed:

(i) the addition modification relating to the

net operating loss carried back or forward to the

taxable year from any taxable year ending prior to

December 31, 1986 shall be reduced by the amount of

addition modification under this subparagraph (E)

which related to that net operating loss and which

was taken into account in calculating the base

income of an earlier taxable year, and

(ii) the addition modification relating to the

net operating loss carried back or forward to the

taxable year from any taxable year ending prior to

December 31, 1986 shall not exceed the amount of

such carryback or carryforward;

For taxable years in which there is a net operating

loss carryback or carryforward from more than one other

taxable year ending prior to December 31, 1986, the

addition modification provided in this subparagraph

(E) shall be the sum of the amounts computed

independently under the preceding provisions of this

subparagraph (E) for each such taxable year;

(F) For taxable years ending on or after January 1,

1989, an amount equal to the tax deducted pursuant to

Section 164 of the Internal Revenue Code if the trust

or estate is claiming the same tax for purposes of the

Illinois foreign tax credit under Section 601 of this

Act;

(G) An amount equal to the amount of the capital

gain deduction allowable under the Internal Revenue

Code, to the extent deducted from gross income in the

computation of taxable income;

(G-5) For taxable years ending after December 31,

1997, an amount equal to any eligible remediation costs

that the trust or estate deducted in computing adjusted

gross income and for which the trust or estate claims a

credit under subsection (l) of Section 201;

(G-10) For taxable years 2001 and thereafter, an

amount equal to the bonus depreciation deduction taken

on the taxpayer's federal income tax return for the

taxable year under subsection (k) of Section 168 of the

Internal Revenue Code; and

(G-11) If the taxpayer sells, transfers, abandons,

or otherwise disposes of property for which the

taxpayer was required in any taxable year to make an

addition modification under subparagraph (G-10), then

an amount equal to the aggregate amount of the

deductions taken in all taxable years under

subparagraph (R) with respect to that property.

If the taxpayer continues to own property through

the last day of the last tax year for which the

taxpayer may claim a depreciation deduction for

federal income tax purposes and for which the taxpayer

was allowed in any taxable year to make a subtraction

modification under subparagraph (R), then an amount

equal to that subtraction modification.

The taxpayer is required to make the addition

modification under this subparagraph only once with

respect to any one piece of property;

(G-12) An amount equal to the amount otherwise

allowed as a deduction in computing base income for

interest paid, accrued, or incurred, directly or

indirectly, (i) for taxable years ending on or after

December 31, 2004, to a foreign person who would be a

member of the same unitary business group but for the

fact that the foreign person's business activity

outside the United States is 80% or more of the foreign

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304. The addition modification

required by this subparagraph shall be reduced to the

extent that dividends were included in base income of

the unitary group for the same taxable year and

received by the taxpayer or by a member of the

taxpayer's unitary business group (including amounts

included in gross income pursuant to Sections 951

through 964 of the Internal Revenue Code and amounts

included in gross income under Section 78 of the

Internal Revenue Code) with respect to the stock of the

same person to whom the interest was paid, accrued, or

incurred.

This paragraph shall not apply to the following:

(i) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person who

is subject in a foreign country or state, other

than a state which requires mandatory unitary

reporting, to a tax on or measured by net income

with respect to such interest; or

(ii) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person if

the taxpayer can establish, based on a

preponderance of the evidence, both of the

following:

(a) the person, during the same taxable

year, paid, accrued, or incurred, the interest

to a person that is not a related member, and

(b) the transaction giving rise to the

interest expense between the taxpayer and the

person did not have as a principal purpose the

avoidance of Illinois income tax, and is paid

pursuant to a contract or agreement that

reflects an arm's-length interest rate and

terms; or

(iii) the taxpayer can establish, based on

clear and convincing evidence, that the interest

paid, accrued, or incurred relates to a contract or

agreement entered into at arm's-length rates and

terms and the principal purpose for the payment is

not federal or Illinois tax avoidance; or

(iv) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person if

the taxpayer establishes by clear and convincing

evidence that the adjustments are unreasonable; or

if the taxpayer and the Director agree in writing

to the application or use of an alternative method

of apportionment under Section 304(f).

Nothing in this subsection shall preclude the

Director from making any other adjustment

otherwise allowed under Section 404 of this Act for

any tax year beginning after the effective date of

this amendment provided such adjustment is made

pursuant to regulation adopted by the Department

and such regulations provide methods and standards

by which the Department will utilize its authority

under Section 404 of this Act;

(G-13) An amount equal to the amount of intangible

expenses and costs otherwise allowed as a deduction in

computing base income, and that were paid, accrued, or

incurred, directly or indirectly, (i) for taxable

years ending on or after December 31, 2004, to a

foreign person who would be a member of the same

unitary business group but for the fact that the

foreign person's business activity outside the United

States is 80% or more of that person's total business

activity and (ii) for taxable years ending on or after

December 31, 2008, to a person who would be a member of

the same unitary business group but for the fact that

the person is prohibited under Section 1501(a)(27)

from being included in the unitary business group

because he or she is ordinarily required to apportion

business income under different subsections of Section

304. The addition modification required by this

subparagraph shall be reduced to the extent that

dividends were included in base income of the unitary

group for the same taxable year and received by the

taxpayer or by a member of the taxpayer's unitary

business group (including amounts included in gross

income pursuant to Sections 951 through 964 of the

Internal Revenue Code and amounts included in gross

income under Section 78 of the Internal Revenue Code)

with respect to the stock of the same person to whom

the intangible expenses and costs were directly or

indirectly paid, incurred, or accrued. The preceding

sentence shall not apply to the extent that the same

dividends caused a reduction to the addition

modification required under Section 203(c)(2)(G-12) of

this Act. As used in this subparagraph, the term

"intangible expenses and costs" includes: (1)

expenses, losses, and costs for or related to the

direct or indirect acquisition, use, maintenance or

management, ownership, sale, exchange, or any other

disposition of intangible property; (2) losses

incurred, directly or indirectly, from factoring

transactions or discounting transactions; (3) royalty,

patent, technical, and copyright fees; (4) licensing

fees; and (5) other similar expenses and costs. For

purposes of this subparagraph, "intangible property"

includes patents, patent applications, trade names,

trademarks, service marks, copyrights, mask works,

trade secrets, and similar types of intangible assets.

This paragraph shall not apply to the following:

(i) any item of intangible expenses or costs

paid, accrued, or incurred, directly or

indirectly, from a transaction with a person who is

subject in a foreign country or state, other than a

state which requires mandatory unitary reporting,

to a tax on or measured by net income with respect

to such item; or

(ii) any item of intangible expense or cost

paid, accrued, or incurred, directly or

indirectly, if the taxpayer can establish, based

on a preponderance of the evidence, both of the

following:

(a) the person during the same taxable

year paid, accrued, or incurred, the

intangible expense or cost to a person that is

not a related member, and

(b) the transaction giving rise to the

intangible expense or cost between the

taxpayer and the person did not have as a

principal purpose the avoidance of Illinois

income tax, and is paid pursuant to a contract

or agreement that reflects arm's-length terms;

or

(iii) any item of intangible expense or cost

paid, accrued, or incurred, directly or

indirectly, from a transaction with a person if the

taxpayer establishes by clear and convincing

evidence, that the adjustments are unreasonable;

or if the taxpayer and the Director agree in

writing to the application or use of an alternative

method of apportionment under Section 304(f);

Nothing in this subsection shall preclude the

Director from making any other adjustment

otherwise allowed under Section 404 of this Act for

any tax year beginning after the effective date of

this amendment provided such adjustment is made

pursuant to regulation adopted by the Department

and such regulations provide methods and standards

by which the Department will utilize its authority

under Section 404 of this Act;

(G-14) For taxable years ending on or after

December 31, 2008, an amount equal to the amount of

insurance premium expenses and costs otherwise allowed

as a deduction in computing base income, and that were

paid, accrued, or incurred, directly or indirectly, to

a person who would be a member of the same unitary

business group but for the fact that the person is

prohibited under Section 1501(a)(27) from being

included in the unitary business group because he or

she is ordinarily required to apportion business

income under different subsections of Section 304. The

addition modification required by this subparagraph

shall be reduced to the extent that dividends were

included in base income of the unitary group for the

same taxable year and received by the taxpayer or by a

member of the taxpayer's unitary business group

(including amounts included in gross income under

Sections 951 through 964 of the Internal Revenue Code

and amounts included in gross income under Section 78

of the Internal Revenue Code) with respect to the stock

of the same person to whom the premiums and costs were

directly or indirectly paid, incurred, or accrued. The

preceding sentence does not apply to the extent that

the same dividends caused a reduction to the addition

modification required under Section 203(c)(2)(G-12) or

Section 203(c)(2)(G-13) of this Act;

(G-15) An amount equal to the credit allowable to

the taxpayer under Section 218(a) of this Act,

determined without regard to Section 218(c) of this

Act;

(G-16) For taxable years ending on or after

December 31, 2017, an amount equal to the deduction

allowed under Section 199 of the Internal Revenue Code

for the taxable year;

and by deducting from the total so obtained the sum of the

following amounts:

(H) An amount equal to all amounts included in such

total pursuant to the provisions of Sections 402(a),

402(c), 403(a), 403(b), 406(a), 407(a) and 408 of the

Internal Revenue Code or included in such total as

distributions under the provisions of any retirement

or disability plan for employees of any governmental

agency or unit, or retirement payments to retired

partners, which payments are excluded in computing net

earnings from self employment by Section 1402 of the

Internal Revenue Code and regulations adopted pursuant

thereto;

(I) The valuation limitation amount;

(J) An amount equal to the amount of any tax

imposed by this Act which was refunded to the taxpayer

and included in such total for the taxable year;

(K) An amount equal to all amounts included in

taxable income as modified by subparagraphs (A), (B),

(C), (D), (E), (F) and (G) which are exempt from

taxation by this State either by reason of its statutes

or Constitution or by reason of the Constitution,

treaties or statutes of the United States; provided

that, in the case of any statute of this State that

exempts income derived from bonds or other obligations

from the tax imposed under this Act, the amount

exempted shall be the interest net of bond premium

amortization;

(L) With the exception of any amounts subtracted

under subparagraph (K), an amount equal to the sum of

all amounts disallowed as deductions by (i) Sections

171(a)(2) and 265(a)(2) of the Internal Revenue Code,

and all amounts of expenses allocable to interest and

disallowed as deductions by Section 265(a)(1) 265(1)

of the Internal Revenue Code; and (ii) for taxable

years ending on or after August 13, 1999, Sections

171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the

Internal Revenue Code, plus, (iii) for taxable years

ending on or after December 31, 2011, Section 45G(e)(3)

of the Internal Revenue Code and, for taxable years

ending on or after December 31, 2008, any amount

included in gross income under Section 87 of the

Internal Revenue Code; the provisions of this

subparagraph are exempt from the provisions of Section

250;

(M) An amount equal to those dividends included in

such total which were paid by a corporation which

conducts business operations in a River Edge

Redevelopment Zone or zones created under the River

Edge Redevelopment Zone Act and conducts substantially

all of its operations in a River Edge Redevelopment

Zone or zones. This subparagraph (M) is exempt from the

provisions of Section 250;

(N) An amount equal to any contribution made to a

job training project established pursuant to the Tax

Increment Allocation Redevelopment Act;

(O) An amount equal to those dividends included in

such total that were paid by a corporation that

conducts business operations in a federally designated

Foreign Trade Zone or Sub-Zone and that is designated a

High Impact Business located in Illinois; provided

that dividends eligible for the deduction provided in

subparagraph (M) of paragraph (2) of this subsection

shall not be eligible for the deduction provided under

this subparagraph (O);

(P) An amount equal to the amount of the deduction

used to compute the federal income tax credit for

restoration of substantial amounts held under claim of

right for the taxable year pursuant to Section 1341 of

the Internal Revenue Code;

(Q) For taxable year 1999 and thereafter, an amount

equal to the amount of any (i) distributions, to the

extent includible in gross income for federal income

tax purposes, made to the taxpayer because of his or

her status as a victim of persecution for racial or

religious reasons by Nazi Germany or any other Axis

regime or as an heir of the victim and (ii) items of

income, to the extent includible in gross income for

federal income tax purposes, attributable to, derived

from or in any way related to assets stolen from,

hidden from, or otherwise lost to a victim of

persecution for racial or religious reasons by Nazi

Germany or any other Axis regime immediately prior to,

during, and immediately after World War II, including,

but not limited to, interest on the proceeds receivable

as insurance under policies issued to a victim of

persecution for racial or religious reasons by Nazi

Germany or any other Axis regime by European insurance

companies immediately prior to and during World War II;

provided, however, this subtraction from federal

adjusted gross income does not apply to assets acquired

with such assets or with the proceeds from the sale of

such assets; provided, further, this paragraph shall

only apply to a taxpayer who was the first recipient of

such assets after their recovery and who is a victim of

persecution for racial or religious reasons by Nazi

Germany or any other Axis regime or as an heir of the

victim. The amount of and the eligibility for any

public assistance, benefit, or similar entitlement is

not affected by the inclusion of items (i) and (ii) of

this paragraph in gross income for federal income tax

purposes. This paragraph is exempt from the provisions

of Section 250;

(R) For taxable years 2001 and thereafter, for the

taxable year in which the bonus depreciation deduction

is taken on the taxpayer's federal income tax return

under subsection (k) of Section 168 of the Internal

Revenue Code and for each applicable taxable year

thereafter, an amount equal to "x", where:

(1) "y" equals the amount of the depreciation

deduction taken for the taxable year on the

taxpayer's federal income tax return on property

for which the bonus depreciation deduction was

taken in any year under subsection (k) of Section

168 of the Internal Revenue Code, but not including

the bonus depreciation deduction;

(2) for taxable years ending on or before

December 31, 2005, "x" equals "y" multiplied by 30

and then divided by 70 (or "y" multiplied by

0.429); and

(3) for taxable years ending after December

31, 2005:

(i) for property on which a bonus

depreciation deduction of 30% of the adjusted

basis was taken, "x" equals "y" multiplied by

30 and then divided by 70 (or "y" multiplied by

0.429); and

(ii) for property on which a bonus

depreciation deduction of 50% of the adjusted

basis was taken, "x" equals "y" multiplied by

1.0.

The aggregate amount deducted under this

subparagraph in all taxable years for any one piece of

property may not exceed the amount of the bonus

depreciation deduction taken on that property on the

taxpayer's federal income tax return under subsection

(k) of Section 168 of the Internal Revenue Code. This

subparagraph (R) is exempt from the provisions of

Section 250;

(S) If the taxpayer sells, transfers, abandons, or

otherwise disposes of property for which the taxpayer

was required in any taxable year to make an addition

modification under subparagraph (G-10), then an amount

equal to that addition modification.

If the taxpayer continues to own property through

the last day of the last tax year for which the

taxpayer may claim a depreciation deduction for

federal income tax purposes and for which the taxpayer

was required in any taxable year to make an addition

modification under subparagraph (G-10), then an amount

equal to that addition modification.

The taxpayer is allowed to take the deduction under

this subparagraph only once with respect to any one

piece of property.

This subparagraph (S) is exempt from the

provisions of Section 250;

(T) The amount of (i) any interest income (net of

the deductions allocable thereto) taken into account

for the taxable year with respect to a transaction with

a taxpayer that is required to make an addition

modification with respect to such transaction under

Section 203(a)(2)(D-17), 203(b)(2)(E-12),

203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

the amount of such addition modification and (ii) any

income from intangible property (net of the deductions

allocable thereto) taken into account for the taxable

year with respect to a transaction with a taxpayer that

is required to make an addition modification with

respect to such transaction under Section

203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

203(d)(2)(D-8), but not to exceed the amount of such

addition modification. This subparagraph (T) is exempt

from the provisions of Section 250;

(U) An amount equal to the interest income taken

into account for the taxable year (net of the

deductions allocable thereto) with respect to

transactions with (i) a foreign person who would be a

member of the taxpayer's unitary business group but for

the fact the foreign person's business activity

outside the United States is 80% or more of that

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304, but not to exceed the

addition modification required to be made for the same

taxable year under Section 203(c)(2)(G-12) for

interest paid, accrued, or incurred, directly or

indirectly, to the same person. This subparagraph (U)

is exempt from the provisions of Section 250;

(V) An amount equal to the income from intangible

property taken into account for the taxable year (net

of the deductions allocable thereto) with respect to

transactions with (i) a foreign person who would be a

member of the taxpayer's unitary business group but for

the fact that the foreign person's business activity

outside the United States is 80% or more of that

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304, but not to exceed the

addition modification required to be made for the same

taxable year under Section 203(c)(2)(G-13) for

intangible expenses and costs paid, accrued, or

incurred, directly or indirectly, to the same foreign

person. This subparagraph (V) is exempt from the

provisions of Section 250;

(W) in the case of an estate, an amount equal to

all amounts included in such total pursuant to the

provisions of Section 111 of the Internal Revenue Code

as a recovery of items previously deducted by the

decedent from adjusted gross income in the computation

of taxable income. This subparagraph (W) is exempt from

Section 250;

(X) an amount equal to the refund included in such

total of any tax deducted for federal income tax

purposes, to the extent that deduction was added back

under subparagraph (F). This subparagraph (X) is

exempt from the provisions of Section 250; and

(Y) For taxable years ending on or after December

31, 2011, in the case of a taxpayer who was required to

add back any insurance premiums under Section

203(c)(2)(G-14), such taxpayer may elect to subtract

that part of a reimbursement received from the

insurance company equal to the amount of the expense or

loss (including expenses incurred by the insurance

company) that would have been taken into account as a

deduction for federal income tax purposes if the

expense or loss had been uninsured. If a taxpayer makes

the election provided for by this subparagraph (Y), the

insurer to which the premiums were paid must add back

to income the amount subtracted by the taxpayer

pursuant to this subparagraph (Y). This subparagraph

(Y) is exempt from the provisions of Section 250.

(3) Limitation. The amount of any modification

otherwise required under this subsection shall, under

regulations prescribed by the Department, be adjusted by

any amounts included therein which were properly paid,

credited, or required to be distributed, or permanently set

aside for charitable purposes pursuant to Internal Revenue

Code Section 642(c) during the taxable year.

(d) Partnerships.

(1) In general. In the case of a partnership, base

income means an amount equal to the taxpayer's taxable

income for the taxable year as modified by paragraph (2).

(2) Modifications. The taxable income referred to in

paragraph (1) shall be modified by adding thereto the sum

of the following amounts:

(A) An amount equal to all amounts paid or accrued

to the taxpayer as interest or dividends during the

taxable year to the extent excluded from gross income

in the computation of taxable income;

(B) An amount equal to the amount of tax imposed by

this Act to the extent deducted from gross income for

the taxable year;

(C) The amount of deductions allowed to the

partnership pursuant to Section 707 (c) of the Internal

Revenue Code in calculating its taxable income;

(D) An amount equal to the amount of the capital

gain deduction allowable under the Internal Revenue

Code, to the extent deducted from gross income in the

computation of taxable income;

(D-5) For taxable years 2001 and thereafter, an

amount equal to the bonus depreciation deduction taken

on the taxpayer's federal income tax return for the

taxable year under subsection (k) of Section 168 of the

Internal Revenue Code;

(D-6) If the taxpayer sells, transfers, abandons,

or otherwise disposes of property for which the

taxpayer was required in any taxable year to make an

addition modification under subparagraph (D-5), then

an amount equal to the aggregate amount of the

deductions taken in all taxable years under

subparagraph (O) with respect to that property.

If the taxpayer continues to own property through

the last day of the last tax year for which the

taxpayer may claim a depreciation deduction for

federal income tax purposes and for which the taxpayer

was allowed in any taxable year to make a subtraction

modification under subparagraph (O), then an amount

equal to that subtraction modification.

The taxpayer is required to make the addition

modification under this subparagraph only once with

respect to any one piece of property;

(D-7) An amount equal to the amount otherwise

allowed as a deduction in computing base income for

interest paid, accrued, or incurred, directly or

indirectly, (i) for taxable years ending on or after

December 31, 2004, to a foreign person who would be a

member of the same unitary business group but for the

fact the foreign person's business activity outside

the United States is 80% or more of the foreign

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304. The addition modification

required by this subparagraph shall be reduced to the

extent that dividends were included in base income of

the unitary group for the same taxable year and

received by the taxpayer or by a member of the

taxpayer's unitary business group (including amounts

included in gross income pursuant to Sections 951

through 964 of the Internal Revenue Code and amounts

included in gross income under Section 78 of the

Internal Revenue Code) with respect to the stock of the

same person to whom the interest was paid, accrued, or

incurred.

This paragraph shall not apply to the following:

(i) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person who

is subject in a foreign country or state, other

than a state which requires mandatory unitary

reporting, to a tax on or measured by net income

with respect to such interest; or

(ii) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person if

the taxpayer can establish, based on a

preponderance of the evidence, both of the

following:

(a) the person, during the same taxable

year, paid, accrued, or incurred, the interest

to a person that is not a related member, and

(b) the transaction giving rise to the

interest expense between the taxpayer and the

person did not have as a principal purpose the

avoidance of Illinois income tax, and is paid

pursuant to a contract or agreement that

reflects an arm's-length interest rate and

terms; or

(iii) the taxpayer can establish, based on

clear and convincing evidence, that the interest

paid, accrued, or incurred relates to a contract or

agreement entered into at arm's-length rates and

terms and the principal purpose for the payment is

not federal or Illinois tax avoidance; or

(iv) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person if

the taxpayer establishes by clear and convincing

evidence that the adjustments are unreasonable; or

if the taxpayer and the Director agree in writing

to the application or use of an alternative method

of apportionment under Section 304(f).

Nothing in this subsection shall preclude the

Director from making any other adjustment

otherwise allowed under Section 404 of this Act for

any tax year beginning after the effective date of

this amendment provided such adjustment is made

pursuant to regulation adopted by the Department

and such regulations provide methods and standards

by which the Department will utilize its authority

under Section 404 of this Act; and

(D-8) An amount equal to the amount of intangible

expenses and costs otherwise allowed as a deduction in

computing base income, and that were paid, accrued, or

incurred, directly or indirectly, (i) for taxable

years ending on or after December 31, 2004, to a

foreign person who would be a member of the same

unitary business group but for the fact that the

foreign person's business activity outside the United

States is 80% or more of that person's total business

activity and (ii) for taxable years ending on or after

December 31, 2008, to a person who would be a member of

the same unitary business group but for the fact that

the person is prohibited under Section 1501(a)(27)

from being included in the unitary business group

because he or she is ordinarily required to apportion

business income under different subsections of Section

304. The addition modification required by this

subparagraph shall be reduced to the extent that

dividends were included in base income of the unitary

group for the same taxable year and received by the

taxpayer or by a member of the taxpayer's unitary

business group (including amounts included in gross

income pursuant to Sections 951 through 964 of the

Internal Revenue Code and amounts included in gross

income under Section 78 of the Internal Revenue Code)

with respect to the stock of the same person to whom

the intangible expenses and costs were directly or

indirectly paid, incurred or accrued. The preceding

sentence shall not apply to the extent that the same

dividends caused a reduction to the addition

modification required under Section 203(d)(2)(D-7) of

this Act. As used in this subparagraph, the term

"intangible expenses and costs" includes (1) expenses,

losses, and costs for, or related to, the direct or

indirect acquisition, use, maintenance or management,

ownership, sale, exchange, or any other disposition of

intangible property; (2) losses incurred, directly or

indirectly, from factoring transactions or discounting

transactions; (3) royalty, patent, technical, and

copyright fees; (4) licensing fees; and (5) other

similar expenses and costs. For purposes of this

subparagraph, "intangible property" includes patents,

patent applications, trade names, trademarks, service

marks, copyrights, mask works, trade secrets, and

similar types of intangible assets;

This paragraph shall not apply to the following:

(i) any item of intangible expenses or costs

paid, accrued, or incurred, directly or

indirectly, from a transaction with a person who is

subject in a foreign country or state, other than a

state which requires mandatory unitary reporting,

to a tax on or measured by net income with respect

to such item; or

(ii) any item of intangible expense or cost

paid, accrued, or incurred, directly or

indirectly, if the taxpayer can establish, based

on a preponderance of the evidence, both of the

following:

(a) the person during the same taxable

year paid, accrued, or incurred, the

intangible expense or cost to a person that is

not a related member, and

(b) the transaction giving rise to the

intangible expense or cost between the

taxpayer and the person did not have as a

principal purpose the avoidance of Illinois

income tax, and is paid pursuant to a contract

or agreement that reflects arm's-length terms;

or

(iii) any item of intangible expense or cost

paid, accrued, or incurred, directly or

indirectly, from a transaction with a person if the

taxpayer establishes by clear and convincing

evidence, that the adjustments are unreasonable;

or if the taxpayer and the Director agree in

writing to the application or use of an alternative

method of apportionment under Section 304(f);

Nothing in this subsection shall preclude the

Director from making any other adjustment

otherwise allowed under Section 404 of this Act for

any tax year beginning after the effective date of

this amendment provided such adjustment is made

pursuant to regulation adopted by the Department

and such regulations provide methods and standards

by which the Department will utilize its authority

under Section 404 of this Act;

(D-9) For taxable years ending on or after December

31, 2008, an amount equal to the amount of insurance

premium expenses and costs otherwise allowed as a

deduction in computing base income, and that were paid,

accrued, or incurred, directly or indirectly, to a

person who would be a member of the same unitary

business group but for the fact that the person is

prohibited under Section 1501(a)(27) from being

included in the unitary business group because he or

she is ordinarily required to apportion business

income under different subsections of Section 304. The

addition modification required by this subparagraph

shall be reduced to the extent that dividends were

included in base income of the unitary group for the

same taxable year and received by the taxpayer or by a

member of the taxpayer's unitary business group

(including amounts included in gross income under

Sections 951 through 964 of the Internal Revenue Code

and amounts included in gross income under Section 78

of the Internal Revenue Code) with respect to the stock

of the same person to whom the premiums and costs were

directly or indirectly paid, incurred, or accrued. The

preceding sentence does not apply to the extent that

the same dividends caused a reduction to the addition

modification required under Section 203(d)(2)(D-7) or

Section 203(d)(2)(D-8) of this Act;

(D-10) An amount equal to the credit allowable to

the taxpayer under Section 218(a) of this Act,

determined without regard to Section 218(c) of this

Act;

(D-11) For taxable years ending on or after

December 31, 2017, an amount equal to the deduction

allowed under Section 199 of the Internal Revenue Code

for the taxable year;

and by deducting from the total so obtained the following

amounts:

(E) The valuation limitation amount;

(F) An amount equal to the amount of any tax

imposed by this Act which was refunded to the taxpayer

and included in such total for the taxable year;

(G) An amount equal to all amounts included in

taxable income as modified by subparagraphs (A), (B),

(C) and (D) which are exempt from taxation by this

State either by reason of its statutes or Constitution

or by reason of the Constitution, treaties or statutes

of the United States; provided that, in the case of any

statute of this State that exempts income derived from

bonds or other obligations from the tax imposed under

this Act, the amount exempted shall be the interest net

of bond premium amortization;

(H) Any income of the partnership which

constitutes personal service income as defined in

Section 1348(b)(1) of the Internal Revenue Code (as in

effect December 31, 1981) or a reasonable allowance for

compensation paid or accrued for services rendered by

partners to the partnership, whichever is greater;

this subparagraph (H) is exempt from the provisions of

Section 250;

(I) An amount equal to all amounts of income

distributable to an entity subject to the Personal

Property Tax Replacement Income Tax imposed by

subsections (c) and (d) of Section 201 of this Act

including amounts distributable to organizations

exempt from federal income tax by reason of Section

501(a) of the Internal Revenue Code; this subparagraph

(I) is exempt from the provisions of Section 250;

(J) With the exception of any amounts subtracted

under subparagraph (G), an amount equal to the sum of

all amounts disallowed as deductions by (i) Sections

171(a)(2), and 265(a)(2) 265(2) of the Internal

Revenue Code, and all amounts of expenses allocable to

interest and disallowed as deductions by Section

265(a)(1) 265(1) of the Internal Revenue Code; and (ii)

for taxable years ending on or after August 13, 1999,

Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of

the Internal Revenue Code, plus, (iii) for taxable

years ending on or after December 31, 2011, Section

45G(e)(3) of the Internal Revenue Code and, for taxable

years ending on or after December 31, 2008, any amount

included in gross income under Section 87 of the

Internal Revenue Code; the provisions of this

subparagraph are exempt from the provisions of Section

250;

(K) An amount equal to those dividends included in

such total which were paid by a corporation which

conducts business operations in a River Edge

Redevelopment Zone or zones created under the River

Edge Redevelopment Zone Act and conducts substantially

all of its operations from a River Edge Redevelopment

Zone or zones. This subparagraph (K) is exempt from the

provisions of Section 250;

(L) An amount equal to any contribution made to a

job training project established pursuant to the Real

Property Tax Increment Allocation Redevelopment Act;

(M) An amount equal to those dividends included in

such total that were paid by a corporation that

conducts business operations in a federally designated

Foreign Trade Zone or Sub-Zone and that is designated a

High Impact Business located in Illinois; provided

that dividends eligible for the deduction provided in

subparagraph (K) of paragraph (2) of this subsection

shall not be eligible for the deduction provided under

this subparagraph (M);

(N) An amount equal to the amount of the deduction

used to compute the federal income tax credit for

restoration of substantial amounts held under claim of

right for the taxable year pursuant to Section 1341 of

the Internal Revenue Code;

(O) For taxable years 2001 and thereafter, for the

taxable year in which the bonus depreciation deduction

is taken on the taxpayer's federal income tax return

under subsection (k) of Section 168 of the Internal

Revenue Code and for each applicable taxable year

thereafter, an amount equal to "x", where:

(1) "y" equals the amount of the depreciation

deduction taken for the taxable year on the

taxpayer's federal income tax return on property

for which the bonus depreciation deduction was

taken in any year under subsection (k) of Section

168 of the Internal Revenue Code, but not including

the bonus depreciation deduction;

(2) for taxable years ending on or before

December 31, 2005, "x" equals "y" multiplied by 30

and then divided by 70 (or "y" multiplied by

0.429); and

(3) for taxable years ending after December

31, 2005:

(i) for property on which a bonus

depreciation deduction of 30% of the adjusted

basis was taken, "x" equals "y" multiplied by

30 and then divided by 70 (or "y" multiplied by

0.429); and

(ii) for property on which a bonus

depreciation deduction of 50% of the adjusted

basis was taken, "x" equals "y" multiplied by

1.0.

The aggregate amount deducted under this

subparagraph in all taxable years for any one piece of

property may not exceed the amount of the bonus

depreciation deduction taken on that property on the

taxpayer's federal income tax return under subsection

(k) of Section 168 of the Internal Revenue Code. This

subparagraph (O) is exempt from the provisions of

Section 250;

(P) If the taxpayer sells, transfers, abandons, or

otherwise disposes of property for which the taxpayer

was required in any taxable year to make an addition

modification under subparagraph (D-5), then an amount

equal to that addition modification.

If the taxpayer continues to own property through

the last day of the last tax year for which the

taxpayer may claim a depreciation deduction for

federal income tax purposes and for which the taxpayer

was required in any taxable year to make an addition

modification under subparagraph (D-5), then an amount

equal to that addition modification.

The taxpayer is allowed to take the deduction under

this subparagraph only once with respect to any one

piece of property.

This subparagraph (P) is exempt from the

provisions of Section 250;

(Q) The amount of (i) any interest income (net of

the deductions allocable thereto) taken into account

for the taxable year with respect to a transaction with

a taxpayer that is required to make an addition

modification with respect to such transaction under

Section 203(a)(2)(D-17), 203(b)(2)(E-12),

203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

the amount of such addition modification and (ii) any

income from intangible property (net of the deductions

allocable thereto) taken into account for the taxable

year with respect to a transaction with a taxpayer that

is required to make an addition modification with

respect to such transaction under Section

203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

203(d)(2)(D-8), but not to exceed the amount of such

addition modification. This subparagraph (Q) is exempt

from Section 250;

(R) An amount equal to the interest income taken

into account for the taxable year (net of the

deductions allocable thereto) with respect to

transactions with (i) a foreign person who would be a

member of the taxpayer's unitary business group but for

the fact that the foreign person's business activity

outside the United States is 80% or more of that

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304, but not to exceed the

addition modification required to be made for the same

taxable year under Section 203(d)(2)(D-7) for interest

paid, accrued, or incurred, directly or indirectly, to

the same person. This subparagraph (R) is exempt from

Section 250;

(S) An amount equal to the income from intangible

property taken into account for the taxable year (net

of the deductions allocable thereto) with respect to

transactions with (i) a foreign person who would be a

member of the taxpayer's unitary business group but for

the fact that the foreign person's business activity

outside the United States is 80% or more of that

person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person

who would be a member of the same unitary business

group but for the fact that the person is prohibited

under Section 1501(a)(27) from being included in the

unitary business group because he or she is ordinarily

required to apportion business income under different

subsections of Section 304, but not to exceed the

addition modification required to be made for the same

taxable year under Section 203(d)(2)(D-8) for

intangible expenses and costs paid, accrued, or

incurred, directly or indirectly, to the same person.

This subparagraph (S) is exempt from Section 250; and

(T) For taxable years ending on or after December

31, 2011, in the case of a taxpayer who was required to

add back any insurance premiums under Section

203(d)(2)(D-9), such taxpayer may elect to subtract

that part of a reimbursement received from the

insurance company equal to the amount of the expense or

loss (including expenses incurred by the insurance

company) that would have been taken into account as a

deduction for federal income tax purposes if the

expense or loss had been uninsured. If a taxpayer makes

the election provided for by this subparagraph (T), the

insurer to which the premiums were paid must add back

to income the amount subtracted by the taxpayer

pursuant to this subparagraph (T). This subparagraph

(T) is exempt from the provisions of Section 250.

(e) Gross income; adjusted gross income; taxable income.

(1) In general. Subject to the provisions of paragraph

(2) and subsection (b)(3), for purposes of this Section and

Section 803(e), a taxpayer's gross income, adjusted gross

income, or taxable income for the taxable year shall mean

the amount of gross income, adjusted gross income or

taxable income properly reportable for federal income tax

purposes for the taxable year under the provisions of the

Internal Revenue Code. Taxable income may be less than

zero. However, for taxable years ending on or after

December 31, 1986, net operating loss carryforwards from

taxable years ending prior to December 31, 1986, may not

exceed the sum of federal taxable income for the taxable

year before net operating loss deduction, plus the excess

of addition modifications over subtraction modifications

for the taxable year. For taxable years ending prior to

December 31, 1986, taxable income may never be an amount in

excess of the net operating loss for the taxable year as

defined in subsections (c) and (d) of Section 172 of the

Internal Revenue Code, provided that when taxable income of

a corporation (other than a Subchapter S corporation),

trust, or estate is less than zero and addition

modifications, other than those provided by subparagraph

(E) of paragraph (2) of subsection (b) for corporations or

subparagraph (E) of paragraph (2) of subsection (c) for

trusts and estates, exceed subtraction modifications, an

addition modification must be made under those

subparagraphs for any other taxable year to which the

taxable income less than zero (net operating loss) is

applied under Section 172 of the Internal Revenue Code or

under subparagraph (E) of paragraph (2) of this subsection

(e) applied in conjunction with Section 172 of the Internal

Revenue Code.

(2) Special rule. For purposes of paragraph (1) of this

subsection, the taxable income properly reportable for

federal income tax purposes shall mean:

(A) Certain life insurance companies. In the case

of a life insurance company subject to the tax imposed

by Section 801 of the Internal Revenue Code, life

insurance company taxable income, plus the amount of

distribution from pre-1984 policyholder surplus

accounts as calculated under Section 815a of the

Internal Revenue Code;

(B) Certain other insurance companies. In the case

of mutual insurance companies subject to the tax

imposed by Section 831 of the Internal Revenue Code,

insurance company taxable income;

(C) Regulated investment companies. In the case of

a regulated investment company subject to the tax

imposed by Section 852 of the Internal Revenue Code,

investment company taxable income;

(D) Real estate investment trusts. In the case of a

real estate investment trust subject to the tax imposed

by Section 857 of the Internal Revenue Code, real

estate investment trust taxable income;

(E) Consolidated corporations. In the case of a

corporation which is a member of an affiliated group of

corporations filing a consolidated income tax return

for the taxable year for federal income tax purposes,

taxable income determined as if such corporation had

filed a separate return for federal income tax purposes

for the taxable year and each preceding taxable year

for which it was a member of an affiliated group. For

purposes of this subparagraph, the taxpayer's separate

taxable income shall be determined as if the election

provided by Section 243(b)(2) of the Internal Revenue

Code had been in effect for all such years;

(F) Cooperatives. In the case of a cooperative

corporation or association, the taxable income of such

organization determined in accordance with the

provisions of Section 1381 through 1388 of the Internal

Revenue Code, but without regard to the prohibition

against offsetting losses from patronage activities

against income from nonpatronage activities; except

that a cooperative corporation or association may make

an election to follow its federal income tax treatment

of patronage losses and nonpatronage losses. In the

event such election is made, such losses shall be

computed and carried over in a manner consistent with

subsection (a) of Section 207 of this Act and

apportioned by the apportionment factor reported by

the cooperative on its Illinois income tax return filed

for the taxable year in which the losses are incurred.

The election shall be effective for all taxable years

with original returns due on or after the date of the

election. In addition, the cooperative may file an

amended return or returns, as allowed under this Act,

to provide that the election shall be effective for

losses incurred or carried forward for taxable years

occurring prior to the date of the election. Once made,

the election may only be revoked upon approval of the

Director. The Department shall adopt rules setting

forth requirements for documenting the elections and

any resulting Illinois net loss and the standards to be

used by the Director in evaluating requests to revoke

elections. Public Act 96-932 is declaratory of

existing law;

(G) Subchapter S corporations. In the case of: (i)

a Subchapter S corporation for which there is in effect

an election for the taxable year under Section 1362 of

the Internal Revenue Code, the taxable income of such

corporation determined in accordance with Section

1363(b) of the Internal Revenue Code, except that

taxable income shall take into account those items

which are required by Section 1363(b)(1) of the

Internal Revenue Code to be separately stated; and (ii)

a Subchapter S corporation for which there is in effect

a federal election to opt out of the provisions of the

Subchapter S Revision Act of 1982 and have applied

instead the prior federal Subchapter S rules as in

effect on July 1, 1982, the taxable income of such

corporation determined in accordance with the federal

Subchapter S rules as in effect on July 1, 1982; and

(H) Partnerships. In the case of a partnership,

taxable income determined in accordance with Section

703 of the Internal Revenue Code, except that taxable

income shall take into account those items which are

required by Section 703(a)(1) to be separately stated

but which would be taken into account by an individual

in calculating his taxable income.

(3) Recapture of business expenses on disposition of

asset or business. Notwithstanding any other law to the

contrary, if in prior years income from an asset or

business has been classified as business income and in a

later year is demonstrated to be non-business income, then

all expenses, without limitation, deducted in such later

year and in the 2 immediately preceding taxable years

related to that asset or business that generated the

non-business income shall be added back and recaptured as

business income in the year of the disposition of the asset

or business. Such amount shall be apportioned to Illinois

using the greater of the apportionment fraction computed

for the business under Section 304 of this Act for the

taxable year or the average of the apportionment fractions

computed for the business under Section 304 of this Act for

the taxable year and for the 2 immediately preceding

taxable years.

(f) Valuation limitation amount.

(1) In general. The valuation limitation amount

referred to in subsections (a)(2)(G), (c)(2)(I) and

(d)(2)(E) is an amount equal to:

(A) The sum of the pre-August 1, 1969 appreciation

amounts (to the extent consisting of gain reportable

under the provisions of Section 1245 or 1250 of the

Internal Revenue Code) for all property in respect of

which such gain was reported for the taxable year; plus

(B) The lesser of (i) the sum of the pre-August 1,

1969 appreciation amounts (to the extent consisting of

capital gain) for all property in respect of which such

gain was reported for federal income tax purposes for

the taxable year, or (ii) the net capital gain for the

taxable year, reduced in either case by any amount of

such gain included in the amount determined under

subsection (a)(2)(F) or (c)(2)(H).

(2) Pre-August 1, 1969 appreciation amount.

(A) If the fair market value of property referred

to in paragraph (1) was readily ascertainable on August

1, 1969, the pre-August 1, 1969 appreciation amount for

such property is the lesser of (i) the excess of such

fair market value over the taxpayer's basis (for

determining gain) for such property on that date

(determined under the Internal Revenue Code as in

effect on that date), or (ii) the total gain realized

and reportable for federal income tax purposes in

respect of the sale, exchange or other disposition of

such property.

(B) If the fair market value of property referred

to in paragraph (1) was not readily ascertainable on

August 1, 1969, the pre-August 1, 1969 appreciation

amount for such property is that amount which bears the

same ratio to the total gain reported in respect of the

property for federal income tax purposes for the

taxable year, as the number of full calendar months in

that part of the taxpayer's holding period for the

property ending July 31, 1969 bears to the number of

full calendar months in the taxpayer's entire holding

period for the property.

(C) The Department shall prescribe such

regulations as may be necessary to carry out the

purposes of this paragraph.

(g) Double deductions. Unless specifically provided

otherwise, nothing in this Section shall permit the same item

to be deducted more than once.

(h) Legislative intention. Except as expressly provided by

this Section there shall be no modifications or limitations on

the amounts of income, gain, loss or deduction taken into

account in determining gross income, adjusted gross income or

taxable income for federal income tax purposes for the taxable

year, or in the amount of such items entering into the

computation of base income and net income under this Act for

such taxable year, whether in respect of property values as of

August 1, 1969 or otherwise.

(Source: P.A. 100-22, eff. 7-6-17; 100-905, eff. 8-17-18;

revised 10-29-18.)

(35 ILCS 5/220)

Sec. 220. Angel investment credit.

(a) As used in this Section:

"Applicant" means a corporation, partnership, limited

liability company, or a natural person that makes an investment

in a qualified new business venture. The term "applicant" does

not include (i) a corporation, partnership, limited liability

company, or a natural person who has a direct or indirect

ownership interest of at least 51% in the profits, capital, or

value of the qualified new business venture receiving the

investment or (ii) a related member.

"Claimant" means an applicant certified by the Department

who files a claim for a credit under this Section.

"Department" means the Department of Commerce and Economic

Opportunity.

"Investment" means money (or its equivalent) given to a

qualified new business venture, at a risk of loss, in

consideration for an equity interest of the qualified new

business venture. The Department may adopt rules to permit

certain forms of contingent equity investments to be considered

eligible for a tax credit under this Section.

"Qualified new business venture" means a business that is

registered with the Department under this Section.

"Related member" means a person that, with respect to the

applicant, is any one of the following:

(1) An individual, if the individual and the members of

the individual's family (as defined in Section 318 of the

Internal Revenue Code) own directly, indirectly,

beneficially, or constructively, in the aggregate, at

least 50% of the value of the outstanding profits, capital,

stock, or other ownership interest in the qualified new

business venture that is the recipient of the applicant's

investment.

(2) A partnership, estate, or trust and any partner or

beneficiary, if the partnership, estate, or trust and its

partners or beneficiaries own directly, indirectly,

beneficially, or constructively, in the aggregate, at

least 50% of the profits, capital, stock, or other

ownership interest in the qualified new business venture

that is the recipient of the applicant's investment.

(3) A corporation, and any party related to the

corporation in a manner that would require an attribution

of stock from the corporation under the attribution rules

of Section 318 of the Internal Revenue Code, if the

applicant and any other related member own, in the

aggregate, directly, indirectly, beneficially, or

constructively, at least 50% of the value of the

outstanding stock of the qualified new business venture

that is the recipient of the applicant's investment.

(4) A corporation and any party related to that

corporation in a manner that would require an attribution

of stock from the corporation to the party or from the

party to the corporation under the attribution rules of

Section 318 of the Internal Revenue Code, if the

corporation and all such related parties own, in the

aggregate, at least 50% of the profits, capital, stock, or

other ownership interest in the qualified new business

venture that is the recipient of the applicant's

investment.

(5) A person to or from whom there is attribution of

ownership of stock in the qualified new business venture

that is the recipient of the applicant's investment in

accordance with Section 1563(e) of the Internal Revenue

Code, except that for purposes of determining whether a

person is a related member under this paragraph, "20%"

shall be substituted for "5%" whenever "5%" appears in

Section 1563(e) of the Internal Revenue Code.

(b) For taxable years beginning after December 31, 2010,

and ending on or before December 31, 2021, subject to the

limitations provided in this Section, a claimant may claim, as

a credit against the tax imposed under subsections (a) and (b)

of Section 201 of this Act, an amount equal to 25% of the

claimant's investment made directly in a qualified new business

venture. In order for an investment in a qualified new business

venture to be eligible for tax credits, the business must have

applied for and received certification under subsection (e) for

the taxable year in which the investment was made prior to the

date on which the investment was made. The credit under this

Section may not exceed the taxpayer's Illinois income tax

liability for the taxable year. If the amount of the credit

exceeds the tax liability for the year, the excess may be

carried forward and applied to the tax liability of the 5

taxable years following the excess credit year. The credit

shall be applied to the earliest year for which there is a tax

liability. If there are credits from more than one tax year

that are available to offset a liability, the earlier credit

shall be applied first. In the case of a partnership or

Subchapter S Corporation, the credit is allowed to the partners

or shareholders in accordance with the determination of income

and distributive share of income under Sections 702 and 704 and

Subchapter S of the Internal Revenue Code.

(c) The minimum amount an applicant must invest in any

single qualified new business venture in order to be eligible

for a credit under this Section is $10,000. The maximum amount

of an applicant's total investment made in any single qualified

new business venture that may be used as the basis for a credit

under this Section is $2,000,000.

(d) The Department shall implement a program to certify an

applicant for an angel investment credit. Upon satisfactory

review, the Department shall issue a tax credit certificate

stating the amount of the tax credit to which the applicant is

entitled. The Department shall annually certify that: (i) each

qualified new business venture that receives an angel

investment under this Section has maintained a minimum

employment threshold, as defined by rule, in the State (and

continues to maintain a minimum employment threshold in the

State for a period of no less than 3 years from the issue date

of the last tax credit certificate issued by the Department

with respect to such business pursuant to this Section); and

(ii) the claimant's investment has been made and remains,

except in the event of a qualifying liquidity event, in the

qualified new business venture for no less than 3 years.

If an investment for which a claimant is allowed a credit

under subsection (b) is held by the claimant for less than 3

years, other than as a result of a permitted sale of the

investment to person who is not a related member, the claimant

shall pay to the Department of Revenue, in the manner

prescribed by the Department of Revenue, the aggregate amount

of the disqualified credits that the claimant received related

to the subject investment.

If the Department determines that a qualified new business

venture failed to maintain a minimum employment threshold in

the State through the date which is 3 years from the issue date

of the last tax credit certificate issued by the Department

with respect to the subject business pursuant to this Section,

the claimant or claimants shall pay to the Department of

Revenue, in the manner prescribed by the Department of Revenue,

the aggregate amount of the disqualified credits that claimant

or claimants received related to investments in that business.

(e) The Department shall implement a program to register

qualified new business ventures for purposes of this Section. A

business desiring registration under this Section shall be

required to submit a full and complete application to the

Department. A submitted application shall be effective only for

the taxable year in which it is submitted, and a business

desiring registration under this Section shall be required to

submit a separate application in and for each taxable year for

which the business desires registration. Further, if at any

time prior to the acceptance of an application for registration

under this Section by the Department one or more events occurs

which makes the information provided in that application

materially false or incomplete (in whole or in part), the

business shall promptly notify the Department of the same. Any

failure of a business to promptly provide the foregoing

information to the Department may, at the discretion of the

Department, result in a revocation of a previously approved

application for that business, or disqualification of the

business from future registration under this Section, or both.

The Department may register the business only if all of the

following conditions are satisfied:

(1) it has its principal place of business in this

State;

(2) at least 51% of the employees employed by the

business are employed in this State;

(3) the business has the potential for increasing jobs

in this State, increasing capital investment in this State,

or both, as determined by the Department, and either of the

following apply:

(A) it is principally engaged in innovation in any

of the following: manufacturing; biotechnology;

nanotechnology; communications; agricultural sciences;

clean energy creation or storage technology;

processing or assembling products, including medical

devices, pharmaceuticals, computer software, computer

hardware, semiconductors, other innovative technology

products, or other products that are produced using

manufacturing methods that are enabled by applying

proprietary technology; or providing services that are

enabled by applying proprietary technology; or

(B) it is undertaking pre-commercialization

activity related to proprietary technology that

includes conducting research, developing a new product

or business process, or developing a service that is

principally reliant on applying proprietary

technology;

(4) it is not principally engaged in real estate

development, insurance, banking, lending, lobbying,

political consulting, professional services provided by

attorneys, accountants, business consultants, physicians,

or health care consultants, wholesale or retail trade,

leisure, hospitality, transportation, or construction,

except construction of power production plants that derive

energy from a renewable energy resource, as defined in

Section 1 of the Illinois Power Agency Act;

(5) at the time it is first certified:

(A) it has fewer than 100 employees;

(B) it has been in operation in Illinois for not

more than 10 consecutive years prior to the year of

certification; and

(C) it has received not more than $10,000,000 in

aggregate investments;

(5.1) it agrees to maintain a minimum employment

threshold in the State of Illinois prior to the date which

is 3 years from the issue date of the last tax credit

certificate issued by the Department with respect to that

business pursuant to this Section;

(6) (blank); and

(7) it has received not more than $4,000,000 in

investments that qualified for tax credits under this

Section.

(f) The Department, in consultation with the Department of

Revenue, shall adopt rules to administer this Section. The

aggregate amount of the tax credits that may be claimed under

this Section for investments made in qualified new business

ventures shall be limited at $10,000,000 per calendar year, of

which $500,000 shall be reserved for investments made in

qualified new business ventures which are minority-owned

businesses, women-owned female-owned businesses, or businesses

owned by a person with a disability (as those terms are used

and defined in the Business Enterprise for Minorities, Women,

and Persons with Disabilities Act), and an additional $500,000

shall be reserved for investments made in qualified new

business ventures with their principal place of business in

counties with a population of not more than 250,000. The

foregoing annual allowable amounts shall be allocated by the

Department, on a per calendar quarter basis and prior to the

commencement of each calendar year, in such proportion as

determined by the Department, provided that: (i) the amount

initially allocated by the Department for any one calendar

quarter shall not exceed 35% of the total allowable amount;

(ii) any portion of the allocated allowable amount remaining

unused as of the end of any of the first 3 calendar quarters of

a given calendar year shall be rolled into, and added to, the

total allocated amount for the next available calendar quarter;

and (iii) the reservation of tax credits for investments in

minority-owned businesses, women-owned businesses, businesses

owned by a person with a disability, and in businesses in

counties with a population of not more than 250,000 is limited

to the first 3 calendar quarters of a given calendar year,

after which they may be claimed by investors in any qualified

new business venture.

(g) A claimant may not sell or otherwise transfer a credit

awarded under this Section to another person.

(h) On or before March 1 of each year, the Department shall

report to the Governor and to the General Assembly on the tax

credit certificates awarded under this Section for the prior

calendar year.

(1) This report must include, for each tax credit

certificate awarded:

(A) the name of the claimant and the amount of

credit awarded or allocated to that claimant;

(B) the name and address (including the county) of

the qualified new business venture that received the

investment giving rise to the credit, the North

American Industry Classification System (NAICS) code

applicable to that qualified new business venture, and

the number of employees of the qualified new business

venture; and

(C) the date of approval by the Department of each

claimant's tax credit certificate.

(2) The report must also include:

(A) the total number of applicants and the total

number of claimants, including the amount of each tax

credit certificate awarded to a claimant under this

Section in the prior calendar year;

(B) the total number of applications from

businesses seeking registration under this Section,

the total number of new qualified business ventures

registered by the Department, and the aggregate amount

of investment upon which tax credit certificates were

issued in the prior calendar year; and

(C) the total amount of tax credit certificates

sought by applicants, the amount of each tax credit

certificate issued to a claimant, the aggregate amount

of all tax credit certificates issued in the prior

calendar year and the aggregate amount of tax credit

certificates issued as authorized under this Section

for all calendar years.

(i) For each business seeking registration under this

Section after December 31, 2016, the Department shall require

the business to include in its application the North American

Industry Classification System (NAICS) code applicable to the

business and the number of employees of the business at the

time of application. Each business registered by the Department

as a qualified new business venture that receives an investment

giving rise to the issuance of a tax credit certificate

pursuant to this Section shall, for each of the 3 years

following the issue date of the last tax credit certificate

issued by the Department with respect to such business pursuant

to this Section, report to the Department the following:

(1) the number of employees and the location at which

those employees are employed, both as of the end of each

year;

(2) the amount of additional new capital investment

raised as of the end of each year, if any; and

(3) the terms of any liquidity event occurring during

such year; for the purposes of this Section, a "liquidity

event" means any event that would be considered an exit for

an illiquid investment, including any event that allows the

equity holders of the business (or any material portion

thereof) to cash out some or all of their respective equity

interests.

(Source: P.A. 100-328, eff. 1-1-18; 100-686, eff. 1-1-19;

100-863, eff. 8-14-18; revised 10-5-18.)

(35 ILCS 5/221)

Sec. 221. Rehabilitation costs; qualified historic

properties; River Edge Redevelopment Zone.

(a) For taxable years that begin on or after January 1,

2012 and begin prior to January 1, 2018, there shall be allowed

a tax credit against the tax imposed by subsections (a) and (b)

of Section 201 of this Act in an amount equal to 25% of

qualified expenditures incurred by a qualified taxpayer during

the taxable year in the restoration and preservation of a

qualified historic structure located in a River Edge

Redevelopment Zone pursuant to a qualified rehabilitation

plan, provided that the total amount of such expenditures (i)

must equal $5,000 or more and (ii) must exceed 50% of the

purchase price of the property.

(a-1) For taxable years that begin on or after January 1,

2018 and end prior to January 1, 2022, there shall be allowed a

tax credit against the tax imposed by subsections (a) and (b)

of Section 201 of this Act in an aggregate amount equal to 25%

of qualified expenditures incurred by a qualified taxpayer in

the restoration and preservation of a qualified historic

structure located in a River Edge Redevelopment Zone pursuant

to a qualified rehabilitation plan, provided that the total

amount of such expenditures must (i) equal $5,000 or more and

(ii) exceed the adjusted basis of the qualified historic

structure on the first day the qualified rehabilitation plan

begins. For any rehabilitation project, regardless of duration

or number of phases, the project's compliance with the

foregoing provisions (i) and (ii) shall be determined based on

the aggregate amount of qualified expenditures for the entire

project and may include expenditures incurred under subsection

(a), this subsection, or both subsection (a) and this

subsection. If the qualified rehabilitation plan spans

multiple years, the aggregate credit for the entire project

shall be allowed in the last taxable year, except for phased

rehabilitation projects, which may receive credits upon

completion of each phase. Before obtaining the first phased

credit: (A) the total amount of such expenditures must meet the

requirements of provisions (i) and (ii) of this subsection; (B)

the rehabilitated portion of the qualified historic structure

must be placed in service; and (C) the requirements of

subsection (b) must be met.

(b) To obtain a tax credit pursuant to this Section, the

taxpayer must apply with the Department of Natural Resources.

The Department of Natural Resources shall determine the amount

of eligible rehabilitation costs and expenses within 45 days of

receipt of a complete application. The taxpayer must submit a

certification of costs prepared by an independent certified

public accountant that certifies (i) the project expenses, (ii)

whether those expenses are qualified expenditures, and (iii)

that the qualified expenditures exceed the adjusted basis of

the qualified historic structure on the first day the qualified

rehabilitation plan commenced. The Department of Natural

Resources is authorized, but not required, to accept this

certification of costs to determine the amount of qualified

expenditures and the amount of the credit. The Department of

Natural Resources shall provide guidance as to the minimum

standards to be followed in the preparation of such

certification. The Department of Natural Resources and the

National Park Service shall determine whether the

rehabilitation is consistent with the United States Secretary

of the Interior's Standards for Rehabilitation.

(b-1) Upon completion of the project and approval of the

complete application, the Department of Natural Resources

shall issue a single certificate in the amount of the eligible

credits equal to 25% of qualified expenditures incurred during

the eligible taxable years, as defined in subsections (a) and

(a-1), excepting any credits awarded under subsection (a) prior

to January 1, 2019 (the effective date of Public Act 100-629)

this amendatory Act of the 100th General Assembly and any

phased credits issued prior to the eligible taxable year under

subsection (a-1). At the time the certificate is issued, an

issuance fee up to the maximum amount of 2% of the amount of

the credits issued by the certificate may be collected from the

applicant to administer the provisions of this Section. If

collected, this issuance fee shall be deposited into the

Historic Property Administrative Fund, a special fund created

in the State treasury. Subject to appropriation, moneys in the

Historic Property Administrative Fund shall be provided to the

Department of Natural Resources as reimbursement Department of

Natural Resources for the costs associated with administering

this Section.

(c) The taxpayer must attach the certificate to the tax

return on which the credits are to be claimed. The tax credit

under this Section may not reduce the taxpayer's liability to

less than zero. If the amount of the credit exceeds the tax

liability for the year, the excess credit may be carried

forward and applied to the tax liability of the 5 taxable years

following the excess credit year.

(c-1) Subject to appropriation, moneys in the Historic

Property Administrative Fund shall be used, on a biennial basis

beginning at the end of the second fiscal year after January 1,

2019 (the effective date of Public Act 100-629) this amendatory

Act of the 100th General Assembly, to hire a qualified third

party to prepare a biennial report to assess the overall

economic impact to the State from the qualified rehabilitation

projects under this Section completed in that year and in

previous years. The overall economic impact shall include at

least: (1) the direct and indirect or induced economic impacts

of completed projects; (2) temporary, permanent, and

construction jobs created; (3) sales, income, and property tax

generation before, during construction, and after completion;

and (4) indirect neighborhood impact after completion. The

report shall be submitted to the Governor and the General

Assembly. The report to the General Assembly shall be filed

with the Clerk of the House of Representatives and the

Secretary of the Senate in electronic form only, in the manner

that the Clerk and the Secretary shall direct.

(c-2) The Department of Natural Resources may adopt rules

to implement this Section in addition to the rules expressly

authorized in this Section.

(d) As used in this Section, the following terms have the

following meanings.

"Phased rehabilitation" means a project that is completed

in phases, as defined under Section 47 of the federal Internal

Revenue Code and pursuant to National Park Service regulations

at 36 C.F.R. 67.

"Placed in service" means the date when the property is

placed in a condition or state of readiness and availability

for a specifically assigned function as defined under Section

47 of the federal Internal Revenue Code and federal Treasury

Regulation Sections 1.46 and 1.48.

"Qualified expenditure" means all the costs and expenses

defined as qualified rehabilitation expenditures under Section

47 of the federal Internal Revenue Code that were incurred in

connection with a qualified historic structure.

"Qualified historic structure" means a certified historic

structure as defined under Section 47(c)(3) of the federal

Internal Revenue Code.

"Qualified rehabilitation plan" means a project that is

approved by the Department of Natural Resources and the

National Park Service as being consistent with the United

States Secretary of the Interior's Standards for

Rehabilitation.

"Qualified taxpayer" means the owner of the qualified

historic structure or any other person who qualifies for the

federal rehabilitation credit allowed by Section 47 of the

federal Internal Revenue Code with respect to that qualified

historic structure. Partners, shareholders of subchapter S

corporations, and owners of limited liability companies (if the

limited liability company is treated as a partnership for

purposes of federal and State income taxation) are entitled to

a credit under this Section to be determined in accordance with

the determination of income and distributive share of income

under Sections 702 and 703 and subchapter S of the Internal

Revenue Code, provided that credits granted to a partnership, a

limited liability company taxed as a partnership, or other

multiple owners of property shall be passed through to the

partners, members, or owners respectively on a pro rata basis

or pursuant to an executed agreement among the partners,

members, or owners documenting any alternate distribution

method.

(Source: P.A. 99-914, eff. 12-20-16; 100-236, eff. 8-18-17;

100-629, eff. 1-1-19; 100-695, eff. 8-3-18; revised 10-18-18.)

(35 ILCS 5/226)

Sec. 226. Natural disaster credit.

(a) For taxable years that begin on or after January 1,

2017 and begin prior to January 1, 2019, each taxpayer who owns

qualified real property located in a county in Illinois that

was declared a State disaster area by the Governor due to

flooding in 2017 or 2018 is entitled to a credit against the

taxes imposed by subsections (a) and (b) of Section 201 of this

Act in an amount equal to the lesser of $750 or the deduction

allowed (whether or not the taxpayer determines taxable income

under subsection (b) of Section 63 of the Internal Revenue

Code) with respect to the qualified property under Section 165

of the Internal Revenue Code, determined without regard to the

limitations imposed under subsection (h) of that Section. The

township assessor or, if the township assessor is unable, the

chief county assessment officer of the county in which the

property is located, shall issue a certificate to the taxpayer

identifying the taxpayer's property as damaged as a result of

the natural disaster. The certificate shall include the name

and address of the property owner, as well as the property

index number or permanent index number (PIN) of the damaged

property. The taxpayer shall attach a copy of such certificate

to the taxpayer's return for the taxable year for which the

credit is allowed.

(b) In no event shall a credit under this Section reduce a

taxpayer's liability to less than zero. If the amount of credit

exceeds the tax liability for the year, the excess may be

carried forward and applied to the tax liability for the 5

taxable years following the excess credit year. The tax credit

shall be applied to the earliest year for which there is a tax

liability. If there are credits for more than one year that are

available to offset liability, the earlier credit shall be

applied first.

(c) If the taxpayer is a partnership or Subchapter S

corporation, the credit shall be allowed to the partners or

shareholders in accordance with the determination of income and

distributive share of income under Sections 702 and 704 and

Subchapter S of the Internal Revenue Code.

(d) A taxpayer is not entitled to the credit under this

Section if the taxpayer receives a Natural Disaster Homestead

Exemption under Section 15-173 of the Property Tax Code with

respect to the qualified real property as a result of the

natural disaster.

(e) The township assessor or, if the township assessor is

unable to certify, the chief county assessment officer of the

county in which the property is located, shall certify to the

Department a listing of the properties located within the

county that have been damaged as a result of the natural

disaster (including the name and address of the property owner

and the property index number or permanent index number (PIN)

of each damage property).

(f) As used in this Section:

(1) "Qualified real property" means real property that

is: (i) the taxpayer's principal residence or owned by a

small business; (ii) damaged during the taxable year as a

result of a disaster; and (iii) not used in a rental or

leasing business.

(2) "Small business" has the meaning given to that term

in Section 1-75 of the Illinois Administrative Procedure

Act.

(g) Nothing in this Act prohibits the disclosure of

information by officials of a county or municipality involving

reports of damaged property or the owners of damaged property

if that disclosure is made to a township or county assessment

official in connection with a credit obtained or sought under

this Section.

(Source: P.A. 100-555, eff. 11-16-17; 100-587, eff. 6-4-18;

100-731, eff. 1-1-19; revised 8-30-18.)

(35 ILCS 5/227)

Sec. 227. Adoption credit.

(a) Beginning with tax years ending on or after December

31, 2018, in the case of an individual taxpayer there shall be

allowed a credit against the tax imposed by subsections (a) and

(b) of Section 201 in an amount equal to the amount of the

federal adoption tax credit received pursuant to Section 23 of

the Internal Revenue Code with respect to the adoption of a

qualifying dependent child, subject to the limitations set

forth in this subsection and subsection (b). The aggregate

amount of qualified adoption expenses which may be taken into

account under this Section for all taxable years with respect

to the adoption of a qualifying dependent child by the taxpayer

shall not exceed $2,000 ($1,000 in the case of a married

individual filing a separate return). The credit under this

Section shall be allowed: (i) in the case of any expense paid

or incurred before the taxable year in which such adoption

becomes final, for the taxable year following the taxable year

during which such expense is paid or incurred, and (ii) in the

case of an expense paid or incurred during or after the taxable

year in which such adoption becomes final, for the taxable year

in which such expense is paid or incurred. No credit shall be

allowed under this Section for any expense to the extent that

funds for such expense are received under any federal, State,

or local program. For purposes of this Section, spouses filing

a joint return shall be considered one taxpayer.

For a non-resident or part-year resident, the amount of the

credit under this Section shall be in proportion to the amount

of income attributable to this State.

(b) Increased credit amount for resident children. With

respect to the adoption of an eligible child who is at least

one year old and resides in Illinois at the time the expenses

are paid or incurred, subsection (a) shall be applied by

substituting $5,000 ($2,500 in the case of a married individual

filing a separate return) for $2,000.

(c) In no event shall a credit under this Section reduce

the taxpayer's liability to less than zero. If the amount of

the credit exceeds the income tax liability for the applicable

tax year, the excess may be carried forward and applied to the

tax liability of the 5 taxable years following the excess

credit year. The credit shall be applied to the earliest year

for which there is a tax liability. If there are credits from

more than one year that are available to offset a liability,

the earlier credit shall be applied first.

(d) The term "qualified adoption expenses" shall have the

same meaning as under Section 23(d) of the Internal Revenue

Code.

(Source: P.A. 100-587, eff. 6-4-18.)

(35 ILCS 5/228)

Sec. 228 227. Historic preservation credit. For tax years

beginning on or after January 1, 2019 and ending on or before

December 31, 2023, a taxpayer who qualifies for a credit under

the Historic Preservation Tax Credit Act is entitled to a

credit against the taxes imposed under subsections (a) and (b)

of Section 201 of this Act as provided in that Act. If the

taxpayer is a partnership or Subchapter S corporation, the

credit shall be allowed to the partners or shareholders in

accordance with the determination of income and distributive

share of income under Sections 702 and 704 and Subchapter S of

the Internal Revenue Code. If the amount of any tax credit

awarded under this Section exceeds the qualified taxpayer's

income tax liability for the year in which the qualified

rehabilitation plan was placed in service, the excess amount

may be carried forward as provided in the Historic Preservation

Tax Credit Act.

(Source: P.A. 100-629, eff. 1-1-19; revised 10-9-18.)

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

Sec. 901. Collection authority.

(a) In general. The Department shall collect the taxes

imposed by this Act. The Department shall collect certified

past due child support amounts under Section 2505-650 of the

Department of Revenue Law of the Civil Administrative Code of

Illinois. Except as provided in subsections (b), (c), (e), (f),

(g), and (h) of this Section, money collected pursuant to

subsections (a) and (b) of Section 201 of this Act shall be

paid into the General Revenue Fund in the State treasury; money

collected pursuant to subsections (c) and (d) of Section 201 of

this Act shall be paid into the Personal Property Tax

Replacement Fund, a special fund in the State Treasury; and

money collected under Section 2505-650 of the Department of

Revenue Law of the Civil Administrative Code of Illinois shall

be paid into the Child Support Enforcement Trust Fund, a

special fund outside the State Treasury, or to the State

Disbursement Unit established under Section 10-26 of the

Illinois Public Aid Code, as directed by the Department of

Healthcare and Family Services.

(b) Local Government Distributive Fund. Beginning August

1, 1969, and continuing through June 30, 1994, the Treasurer

shall transfer each month from the General Revenue Fund to a

special fund in the State treasury, to be known as the "Local

Government Distributive Fund", an amount equal to 1/12 of the

net revenue realized from the tax imposed by subsections (a)

and (b) of Section 201 of this Act during the preceding month.

Beginning July 1, 1994, and continuing through June 30, 1995,

the Treasurer shall transfer each month from the General

Revenue Fund to the Local Government Distributive Fund an

amount equal to 1/11 of the net revenue realized from the tax

imposed by subsections (a) and (b) of Section 201 of this Act

during the preceding month. Beginning July 1, 1995 and

continuing through January 31, 2011, the Treasurer shall

transfer each month from the General Revenue Fund to the Local

Government Distributive Fund an amount equal to the net of (i)

1/10 of the net revenue realized from the tax imposed by

subsections (a) and (b) of Section 201 of the Illinois Income

Tax Act during the preceding month (ii) minus, beginning July

1, 2003 and ending June 30, 2004, $6,666,666, and beginning

July 1, 2004, zero. Beginning February 1, 2011, and continuing

through January 31, 2015, the Treasurer shall transfer each

month from the General Revenue Fund to the Local Government

Distributive Fund an amount equal to the sum of (i) 6% (10% of

the ratio of the 3% individual income tax rate prior to 2011 to

the 5% individual income tax rate after 2010) of the net

revenue realized from the tax imposed by subsections (a) and

(b) of Section 201 of this Act upon individuals, trusts, and

estates during the preceding month and (ii) 6.86% (10% of the

ratio of the 4.8% corporate income tax rate prior to 2011 to

the 7% corporate income tax rate after 2010) of the net revenue

realized from the tax imposed by subsections (a) and (b) of

Section 201 of this Act upon corporations during the preceding

month. Beginning February 1, 2015 and continuing through July

31, 2017, the Treasurer shall transfer each month from the

General Revenue Fund to the Local Government Distributive Fund

an amount equal to the sum of (i) 8% (10% of the ratio of the 3%

individual income tax rate prior to 2011 to the 3.75%

individual income tax rate after 2014) of the net revenue

realized from the tax imposed by subsections (a) and (b) of

Section 201 of this Act upon individuals, trusts, and estates

during the preceding month and (ii) 9.14% (10% of the ratio of

the 4.8% corporate income tax rate prior to 2011 to the 5.25%

corporate income tax rate after 2014) of the net revenue

realized from the tax imposed by subsections (a) and (b) of

Section 201 of this Act upon corporations during the preceding

month. Beginning August 1, 2017, the Treasurer shall transfer

each month from the General Revenue Fund to the Local

Government Distributive Fund an amount equal to the sum of (i)

6.06% (10% of the ratio of the 3% individual income tax rate

prior to 2011 to the 4.95% individual income tax rate after

July 1, 2017) of the net revenue realized from the tax imposed

by subsections (a) and (b) of Section 201 of this Act upon

individuals, trusts, and estates during the preceding month and

(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax

rate prior to 2011 to the 7% corporate income tax rate after

July 1, 2017) of the net revenue realized from the tax imposed

by subsections (a) and (b) of Section 201 of this Act upon

corporations during the preceding month. Net revenue realized

for a month shall be defined as the revenue from the tax

imposed by subsections (a) and (b) of Section 201 of this Act

which is deposited in the General Revenue Fund, the Education

Assistance Fund, the Income Tax Surcharge Local Government

Distributive Fund, the Fund for the Advancement of Education,

and the Commitment to Human Services Fund during the month

minus the amount paid out of the General Revenue Fund in State

warrants during that same month as refunds to taxpayers for

overpayment of liability under the tax imposed by subsections

(a) and (b) of Section 201 of this Act.

Notwithstanding any provision of law to the contrary,

beginning on July 6, 2017 (the effective date of Public Act

100-23), those amounts required under this subsection (b) to be

transferred by the Treasurer into the Local Government

Distributive Fund from the General Revenue Fund shall be

directly deposited into the Local Government Distributive Fund

as the revenue is realized from the tax imposed by subsections

(a) and (b) of Section 201 of this Act.

For State fiscal year 2018 only, notwithstanding any

provision of law to the contrary, the total amount of revenue

and deposits under this Section attributable to revenues

realized during State fiscal year 2018 shall be reduced by 10%.

For State fiscal year 2019 only, notwithstanding any

provision of law to the contrary, the total amount of revenue

and deposits under this Section attributable to revenues

realized during State fiscal year 2019 shall be reduced by 5%.

(c) Deposits Into Income Tax Refund Fund.

(1) Beginning on January 1, 1989 and thereafter, the

Department shall deposit a percentage of the amounts

collected pursuant to subsections (a) and (b)(1), (2), and

(3) of Section 201 of this Act into a fund in the State

treasury known as the Income Tax Refund Fund. The

Department shall deposit 6% of such amounts during the

period beginning January 1, 1989 and ending on June 30,

1989. Beginning with State fiscal year 1990 and for each

fiscal year thereafter, the percentage deposited into the

Income Tax Refund Fund during a fiscal year shall be the

Annual Percentage. For fiscal years 1999 through 2001, the

Annual Percentage shall be 7.1%. For fiscal year 2003, the

Annual Percentage shall be 8%. For fiscal year 2004, the

Annual Percentage shall be 11.7%. Upon the effective date

of Public Act 93-839 (July 30, 2004), the Annual Percentage

shall be 10% for fiscal year 2005. For fiscal year 2006,

the Annual Percentage shall be 9.75%. For fiscal year 2007,

the Annual Percentage shall be 9.75%. For fiscal year 2008,

the Annual Percentage shall be 7.75%. For fiscal year 2009,

the Annual Percentage shall be 9.75%. For fiscal year 2010,

the Annual Percentage shall be 9.75%. For fiscal year 2011,

the Annual Percentage shall be 8.75%. For fiscal year 2012,

the Annual Percentage shall be 8.75%. For fiscal year 2013,

the Annual Percentage shall be 9.75%. For fiscal year 2014,

the Annual Percentage shall be 9.5%. For fiscal year 2015,

the Annual Percentage shall be 10%. For fiscal year 2018,

the Annual Percentage shall be 9.8%. For fiscal year 2019,

the Annual Percentage shall be 9.7%. For all other fiscal

years, the Annual Percentage shall be calculated as a

fraction, the numerator of which shall be the amount of

refunds approved for payment by the Department during the

preceding fiscal year as a result of overpayment of tax

liability under subsections (a) and (b)(1), (2), and (3) of

Section 201 of this Act plus the amount of such refunds

remaining approved but unpaid at the end of the preceding

fiscal year, minus the amounts transferred into the Income

Tax Refund Fund from the Tobacco Settlement Recovery Fund,

and the denominator of which shall be the amounts which

will be collected pursuant to subsections (a) and (b)(1),

(2), and (3) of Section 201 of this Act during the

preceding fiscal year; except that in State fiscal year

2002, the Annual Percentage shall in no event exceed 7.6%.

The Director of Revenue shall certify the Annual Percentage

to the Comptroller on the last business day of the fiscal

year immediately preceding the fiscal year for which it is

to be effective.

(2) Beginning on January 1, 1989 and thereafter, the

Department shall deposit a percentage of the amounts

collected pursuant to subsections (a) and (b)(6), (7), and

(8), (c) and (d) of Section 201 of this Act into a fund in

the State treasury known as the Income Tax Refund Fund. The

Department shall deposit 18% of such amounts during the

period beginning January 1, 1989 and ending on June 30,

1989. Beginning with State fiscal year 1990 and for each

fiscal year thereafter, the percentage deposited into the

Income Tax Refund Fund during a fiscal year shall be the

Annual Percentage. For fiscal years 1999, 2000, and 2001,

the Annual Percentage shall be 19%. For fiscal year 2003,

the Annual Percentage shall be 27%. For fiscal year 2004,

the Annual Percentage shall be 32%. Upon the effective date

of Public Act 93-839 (July 30, 2004), the Annual Percentage

shall be 24% for fiscal year 2005. For fiscal year 2006,

the Annual Percentage shall be 20%. For fiscal year 2007,

the Annual Percentage shall be 17.5%. For fiscal year 2008,

the Annual Percentage shall be 15.5%. For fiscal year 2009,

the Annual Percentage shall be 17.5%. For fiscal year 2010,

the Annual Percentage shall be 17.5%. For fiscal year 2011,

the Annual Percentage shall be 17.5%. For fiscal year 2012,

the Annual Percentage shall be 17.5%. For fiscal year 2013,

the Annual Percentage shall be 14%. For fiscal year 2014,

the Annual Percentage shall be 13.4%. For fiscal year 2015,

the Annual Percentage shall be 14%. For fiscal year 2018,

the Annual Percentage shall be 17.5%. For fiscal year 2019,

the Annual Percentage shall be 15.5%. For all other fiscal

years, the Annual Percentage shall be calculated as a

fraction, the numerator of which shall be the amount of

refunds approved for payment by the Department during the

preceding fiscal year as a result of overpayment of tax

liability under subsections (a) and (b)(6), (7), and (8),

(c) and (d) of Section 201 of this Act plus the amount of

such refunds remaining approved but unpaid at the end of

the preceding fiscal year, and the denominator of which

shall be the amounts which will be collected pursuant to

subsections (a) and (b)(6), (7), and (8), (c) and (d) of

Section 201 of this Act during the preceding fiscal year;

except that in State fiscal year 2002, the Annual

Percentage shall in no event exceed 23%. The Director of

Revenue shall certify the Annual Percentage to the

Comptroller on the last business day of the fiscal year

immediately preceding the fiscal year for which it is to be

effective.

(3) The Comptroller shall order transferred and the

Treasurer shall transfer from the Tobacco Settlement

Recovery Fund to the Income Tax Refund Fund (i) $35,000,000

in January, 2001, (ii) $35,000,000 in January, 2002, and

(iii) $35,000,000 in January, 2003.

(d) Expenditures from Income Tax Refund Fund.

(1) Beginning January 1, 1989, money in the Income Tax

Refund Fund shall be expended exclusively for the purpose

of paying refunds resulting from overpayment of tax

liability under Section 201 of this Act and for making

transfers pursuant to this subsection (d).

(2) The Director shall order payment of refunds

resulting from overpayment of tax liability under Section

201 of this Act from the Income Tax Refund Fund only to the

extent that amounts collected pursuant to Section 201 of

this Act and transfers pursuant to this subsection (d) and

item (3) of subsection (c) have been deposited and retained

in the Fund.

(3) As soon as possible after the end of each fiscal

year, the Director shall order transferred and the State

Treasurer and State Comptroller shall transfer from the

Income Tax Refund Fund to the Personal Property Tax

Replacement Fund an amount, certified by the Director to

the Comptroller, equal to the excess of the amount

collected pursuant to subsections (c) and (d) of Section

201 of this Act deposited into the Income Tax Refund Fund

during the fiscal year over the amount of refunds resulting

from overpayment of tax liability under subsections (c) and

(d) of Section 201 of this Act paid from the Income Tax

Refund Fund during the fiscal year.

(4) As soon as possible after the end of each fiscal

year, the Director shall order transferred and the State

Treasurer and State Comptroller shall transfer from the

Personal Property Tax Replacement Fund to the Income Tax

Refund Fund an amount, certified by the Director to the

Comptroller, equal to the excess of the amount of refunds

resulting from overpayment of tax liability under

subsections (c) and (d) of Section 201 of this Act paid

from the Income Tax Refund Fund during the fiscal year over

the amount collected pursuant to subsections (c) and (d) of

Section 201 of this Act deposited into the Income Tax

Refund Fund during the fiscal year.

(4.5) As soon as possible after the end of fiscal year

1999 and of each fiscal year thereafter, the Director shall

order transferred and the State Treasurer and State

Comptroller shall transfer from the Income Tax Refund Fund

to the General Revenue Fund any surplus remaining in the

Income Tax Refund Fund as of the end of such fiscal year;

excluding for fiscal years 2000, 2001, and 2002 amounts

attributable to transfers under item (3) of subsection (c)

less refunds resulting from the earned income tax credit.

(5) This Act shall constitute an irrevocable and

continuing appropriation from the Income Tax Refund Fund

for the purpose of paying refunds upon the order of the

Director in accordance with the provisions of this Section.

(e) Deposits into the Education Assistance Fund and the

Income Tax Surcharge Local Government Distributive Fund. On

July 1, 1991, and thereafter, of the amounts collected pursuant

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

deposits into the Income Tax Refund Fund, the Department shall

deposit 7.3% into the Education Assistance Fund in the State

Treasury. Beginning July 1, 1991, and continuing through

January 31, 1993, of the amounts collected pursuant to

subsections (a) and (b) of Section 201 of the Illinois Income

Tax Act, minus deposits into the Income Tax Refund Fund, the

Department shall deposit 3.0% into the Income Tax Surcharge

Local Government Distributive Fund in the State Treasury.

Beginning February 1, 1993 and continuing through June 30,

1993, of the amounts collected pursuant to subsections (a) and

(b) of Section 201 of the Illinois Income Tax Act, minus

deposits into the Income Tax Refund Fund, the Department shall

deposit 4.4% into the Income Tax Surcharge Local Government

Distributive Fund in the State Treasury. Beginning July 1,

1993, and continuing through June 30, 1994, of the amounts

collected under subsections (a) and (b) of Section 201 of this

Act, minus deposits into the Income Tax Refund Fund, the

Department shall deposit 1.475% into the Income Tax Surcharge

Local Government Distributive Fund in the State Treasury.

(f) Deposits into the Fund for the Advancement of

Education. Beginning February 1, 2015, the Department shall

deposit the following portions of the revenue realized from the

tax imposed upon individuals, trusts, and estates by

subsections (a) and (b) of Section 201 of this Act, minus

deposits into the Income Tax Refund Fund, into the Fund for the

Advancement of Education:

(1) beginning February 1, 2015, and prior to February

1, 2025, 1/30; and

(2) beginning February 1, 2025, 1/26.

If the rate of tax imposed by subsection (a) and (b) of

Section 201 is reduced pursuant to Section 201.5 of this Act,

the Department shall not make the deposits required by this

subsection (f) on or after the effective date of the reduction.

(g) Deposits into the Commitment to Human Services Fund.

Beginning February 1, 2015, the Department shall deposit the

following portions of the revenue realized from the tax imposed

upon individuals, trusts, and estates by subsections (a) and

(b) of Section 201 of this Act, minus deposits into the Income

Tax Refund Fund, into the Commitment to Human Services Fund:

(1) beginning February 1, 2015, and prior to February

1, 2025, 1/30; and

(2) beginning February 1, 2025, 1/26.

If the rate of tax imposed by subsection (a) and (b) of

Section 201 is reduced pursuant to Section 201.5 of this Act,

the Department shall not make the deposits required by this

subsection (g) on or after the effective date of the reduction.

(h) Deposits into the Tax Compliance and Administration

Fund. Beginning on the first day of the first calendar month to

occur on or after August 26, 2014 (the effective date of Public

Act 98-1098), each month the Department shall pay into the Tax

Compliance and Administration Fund, to be used, subject to

appropriation, to fund additional auditors and compliance

personnel at the Department, an amount equal to 1/12 of 5% of

the cash receipts collected during the preceding fiscal year by

the Audit Bureau of the Department from the tax imposed by

subsections (a), (b), (c), and (d) of Section 201 of this Act,

net of deposits into the Income Tax Refund Fund made from those

cash receipts.

(Source: P.A. 99-78, eff. 7-20-15; 100-22, eff. 7-6-17; 100-23,

eff. 7-6-17; 100-587, eff. 6-4-18; 100-621, eff. 7-20-18;

100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; revised 1-8-19.)

Section 270. The Economic Development for a Growing Economy

Tax Credit Act is amended by changing Section 5-20 as follows:

(35 ILCS 10/5-20)

Sec. 5-20. Application for a project to create and retain

new jobs.

(a) Any Taxpayer proposing a project located or planned to

be located in Illinois may request consideration for

designation of its project, by formal written letter of request

or by formal application to the Department, in which the

Applicant states its intent to make at least a specified level

of investment and intends to hire or retain a specified number

of full-time employees at a designated location in Illinois. As

circumstances require, the Department may require a formal

application from an Applicant and a formal letter of request

for assistance.

(b) In order to qualify for Credits under this Act, an

Applicant's project must:

(1) if the Applicant has more than 100 employees,

involve an investment of at least $2,500,000 in capital

improvements to be placed in service within the State as a

direct result of the project; if the Applicant has 100 or

fewer employees, then there is no capital investment

requirement;

(1.5) if the Applicant has more than 100 employees,

employ a number of new employees in the State equal to the

lesser of (A) 10% of the number of full-time employees

employed by the applicant world-wide on the date the

application is filed with the Department or (B) 50 New

Employees; and, if the Applicant has 100 or fewer

employees, employ a number of new employees in the State

equal to the lesser of (A) 5% of the number of full-time

employees employed by the applicant world-wide on the date

the application is filed with the Department or (B) 50 New

Employees; and

(2) (blank);

(3) (blank); and

(4) include an annual sexual harassment policy report

as provided under Section 5-58.

(c) After receipt of an application, the Department may

enter into an Agreement with the Applicant if the application

is accepted in accordance with Section 5-25.

(Source: P.A. 100-511, eff. 9-18-17; 100-698, eff. 1-1-19;

revised 10-1-18.)

Section 275. The Film Production Services Tax Credit Act of

2008 is amended by changing Section 45 as follows:

(35 ILCS 16/45)

Sec. 45. Evaluation of tax credit program; reports to the

General Assembly.

(a) The Department shall evaluate the tax credit program.

The evaluation must include an assessment of the effectiveness

of the program in creating and retaining new jobs in Illinois

and of the revenue impact of the program, and may include a

review of the practices and experiences of other states or

nations with similar programs. Upon completion of this

evaluation, the Department shall determine the overall success

of the program, and may make a recommendation to extend,

modify, or not extend the program based on this evaluation.

(b) At the end of each fiscal quarter, the Department must

submit to the General Assembly a report that includes, without

limitation, the following information:

(1) the economic impact of the tax credit program,

including the number of jobs created and retained,

including whether the job positions are entry level,

management, talent-related, vendor-related, or

production-related;

(2) the amount of film production spending brought to

Illinois, including the amount of spending and type of

Illinois vendors hired in connection with an accredited

production; and

(3) an overall picture of whether the human

infrastructure of the motion picture industry in Illinois

reflects the geographical, racial and ethnic, gender, and

income-level diversity of the State of Illinois.

(c) At the end of each fiscal year, the Department must

submit to the General Assembly a report that includes the

following information:

(1) an identification of each vendor that provided

goods or services that were included in an accredited

production's Illinois production spending, provided that

the accredited production's Illinois production spending

attributable to that vendor exceeds, in the aggregate,

$10,000 or 10% of the accredited production's Illinois

production spending, whichever is less;

(2) the amount paid to each identified vendor by the

accredited production;

(3) for each identified vendor, a statement as to

whether the vendor is a minority-owned business or a

women-owned business, as defined under Section 2 of the

Business Enterprise for Minorities, Women, and Persons

with Disabilities Act, based on the best efforts of an

accredited production; and

(4) a description of any steps taken by the Department

to encourage accredited productions to use vendors who are

a minority-owned business or a women-owned business.

(Source: P.A. 100-391, eff. 8-25-17; 100-603, eff. 7-13-18;

revised 7-31-18.)

Section 280. The Historic Preservation Tax Credit Act is

amended by changing Section 10 as follows:

(35 ILCS 31/10)

Sec. 10. Allowable credit.

(a) To the extent authorized by this Act, for taxable years

beginning on or after January 1, 2019 and ending on or before

December 31, 2023, there shall be allowed a tax credit against

the tax imposed by subsections (a) and (b) of Section 201 of

the Illinois Income Tax Act in an aggregate amount equal to 25%

of qualified expenditures incurred by a qualified taxpayer

undertaking a qualified rehabilitation plan of a qualified

historic structure, provided that the total amount of such

expenditures must (i) equal $5,000 or more or (ii) exceed the

adjusted basis of the qualified historic structure on the first

day the qualified rehabilitation plan commenced. If the

qualified rehabilitation plan spans multiple years, the

aggregate credit for the entire project shall be allowed in the

last taxable year.

(b) To obtain a tax credit pursuant to this Section, the

taxpayer must apply with the Division. The Division shall

determine the amount of eligible rehabilitation expenditures

within 45 days after receipt of a complete application. The

taxpayer must provide to the Division a third-party cost

certification conducted by a certified public accountant

verifying (i) the qualified and non-qualified rehabilitation

expenses and (ii) that the qualified expenditures exceed the

adjusted basis of the qualified historic structure on the first

day the qualified rehabilitation plan commenced. The

accountant shall provide appropriate review and testing of

invoices. The Division is authorized, but not required, to

accept this third-party cost certification to determine the

amount of qualified expenditures. The Division and the National

Park Service shall determine whether the rehabilitation is

consistent with the Standards of the Secretary of the United

States Department of the Interior.

(c) If the amount of any tax credit awarded under this Act

exceeds the qualified taxpayer's income tax liability for the

year in which the qualified rehabilitation plan was placed in

service, the excess amount may be carried forward for deduction

from the taxpayer's income tax liability in the next succeeding

year or years until the total amount of the credit has been

used, except that a credit may not be carried forward for

deduction after the tenth taxable year after the taxable year

in which the qualified rehabilitation plan was placed in

service. Upon completion and review of the project, the

Division shall issue a single certificate in the amount of the

eligible credits equal to 25% of the qualified expenditures

incurred during the eligible taxable years. At the time the

certificate is issued, an issuance fee up to the maximum amount

of 2% of the amount of the credits issued by the certificate

may be collected from the applicant to administer the Act. If

collected, this issuance fee shall be directed to the Division

Historic Property Administrative Fund or other such fund as

appropriate for use of the Division in the administration of

the Historic Preservation Tax Credit Program. The taxpayer must

attach the certificate or legal documentation of her or his

proportional share of the certificate to the tax return on

which the credits are to be claimed. The tax credit under this

Section may not reduce the taxpayer's liability to less than

zero. If the amount of the credit exceeds the tax liability for

the year, the excess credit may be carried forward and applied

to the tax liability of the 10 taxable years following the

excess credit year.

(d) If the taxpayer is (i) a corporation having an election

in effect under Subchapter S of the federal Internal Revenue

Code, (ii) a partnership, or (iii) a limited liability company,

the credit provided under this Act may be claimed by the

shareholders of the corporation, the partners of the

partnership, or the members of the limited liability company in

the same manner as those shareholders, partners, or members

account for their proportionate shares of the income or losses

of the corporation, partnership, or limited liability company,

or as provided in the bylaws or other executed agreement of the

corporation, partnership, or limited liability company.

Credits granted to a partnership, a limited liability company

taxed as a partnership, or other multiple owners of property

shall be passed through to the partners, members, or owners

respectively on a pro rata basis or pursuant to an executed

agreement among the partners, members, or owners documenting

any alternate distribution method.

(e) If a recapture event occurs during the recapture period

with respect to a qualified historic structure, then for any

taxable year in which the credits are allowed as specified in

this Act, the tax under the applicable Section of this Act

shall be increased by applying the recapture percentage set

forth below to the tax decrease resulting from the application

of credits allowed under this Act to the taxable year in

question.

For the purposes of this subsection, the recapture

percentage shall be determined as follows:

(1) if the recapture event occurs within the first year

after commencement of the recapture period, then the

recapture percentage is 100%;

(2) if the recapture event occurs within the second

year after commencement of the recapture period, then the

recapture percentage is 80%;

(3) if the recapture event occurs within the third year

after commencement of the recapture period, then the

recapture percentage is 60%;

(4) if the recapture event occurs within the fourth

year after commencement of the recapture period, then the

recapture percentage is 40%; and

(5) if the recapture event occurs within the fifth year

after commencement of the recapture period, then the

recapture percentage is 20%.

In the case of any recapture event, the carryforwards under

this Act shall be adjusted by reason of such event.

(f) (d) The Division may adopt rules to implement this

Section in addition to the rules expressly authorized herein.

(Source: P.A. 100-629, eff. 1-1-19; revised 10-1-18.)

Section 285. The Use Tax Act is amended by changing Section

3-5 as follows:

(35 ILCS 105/3-5)

Sec. 3-5. Exemptions. Use of the following tangible

personal property is exempt from the tax imposed by this Act:

(1) Personal property purchased from a corporation,

society, association, foundation, institution, or

organization, other than a limited liability company, that is

organized and operated as a not-for-profit service enterprise

for the benefit of persons 65 years of age or older if the

personal property was not purchased by the enterprise for the

purpose of resale by the enterprise.

(2) Personal property purchased by a not-for-profit

Illinois county fair association for use in conducting,

operating, or promoting the county fair.

(3) Personal property purchased by a not-for-profit arts or

cultural organization that establishes, by proof required by

the Department by rule, that it has received an exemption under

Section 501(c)(3) of the Internal Revenue Code and that is

organized and operated primarily for the presentation or

support of arts or cultural programming, activities, or

services. These organizations include, but are not limited to,

music and dramatic arts organizations such as symphony

orchestras and theatrical groups, arts and cultural service

organizations, local arts councils, visual arts organizations,

and media arts organizations. On and after July 1, 2001 (the

effective date of Public Act 92-35), however, an entity

otherwise eligible for this exemption shall not make tax-free

purchases unless it has an active identification number issued

by the Department.

(4) Personal property purchased by a governmental body, by

a corporation, society, association, foundation, or

institution organized and operated exclusively for charitable,

religious, or educational purposes, or by a not-for-profit

corporation, society, association, foundation, institution, or

organization that has no compensated officers or employees and

that is organized and operated primarily for the recreation of

persons 55 years of age or older. A limited liability company

may qualify for the exemption under this paragraph only if the

limited liability company is organized and operated

exclusively for educational purposes. On and after July 1,

1987, however, no entity otherwise eligible for this exemption

shall make tax-free purchases unless it has an active exemption

identification number issued by the Department.

(5) Until July 1, 2003, a passenger car that is a

replacement vehicle to the extent that the purchase price of

the car is subject to the Replacement Vehicle Tax.

(6) Until July 1, 2003 and beginning again on September 1,

2004 through August 30, 2014, graphic arts machinery and

equipment, including repair and replacement parts, both new and

used, and including that manufactured on special order,

certified by the purchaser to be used primarily for graphic

arts production, and including machinery and equipment

purchased for lease. Equipment includes chemicals or chemicals

acting as catalysts but only if the chemicals or chemicals

acting as catalysts effect a direct and immediate change upon a

graphic arts product. Beginning on July 1, 2017, graphic arts

machinery and equipment is included in the manufacturing and

assembling machinery and equipment exemption under paragraph

(18).

(7) Farm chemicals.

(8) Legal tender, currency, medallions, or gold or silver

coinage issued by the State of Illinois, the government of the

United States of America, or the government of any foreign

country, and bullion.

(9) Personal property purchased from a teacher-sponsored

student organization affiliated with an elementary or

secondary school located in Illinois.

(10) A motor vehicle that is used for automobile renting,

as defined in the Automobile Renting Occupation and Use Tax

Act.

(11) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by the

purchaser to be used primarily for production agriculture or

State or federal agricultural programs, including individual

replacement parts for the machinery and equipment, including

machinery and equipment purchased for lease, and including

implements of husbandry defined in Section 1-130 of the

Illinois Vehicle Code, farm machinery and agricultural

chemical and fertilizer spreaders, and nurse wagons required to

be registered under Section 3-809 of the Illinois Vehicle Code,

but excluding other motor vehicles required to be registered

under the Illinois Vehicle Code. Horticultural polyhouses or

hoop houses used for propagating, growing, or overwintering

plants shall be considered farm machinery and equipment under

this item (11). Agricultural chemical tender tanks and dry

boxes shall include units sold separately from a motor vehicle

required to be licensed and units sold mounted on a motor

vehicle required to be licensed if the selling price of the

tender is separately stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment including, but not

limited to, tractors, harvesters, sprayers, planters, seeders,

or spreaders. Precision farming equipment includes, but is not

limited to, soil testing sensors, computers, monitors,

software, global positioning and mapping systems, and other

such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in the

computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not limited

to, the collection, monitoring, and correlation of animal and

crop data for the purpose of formulating animal diets and

agricultural chemicals. This item (11) is exempt from the

provisions of Section 3-90.

(12) Until June 30, 2013, fuel and petroleum products sold

to or used by an air common carrier, certified by the carrier

to be used for consumption, shipment, or storage in the conduct

of its business as an air common carrier, for a flight destined

for or returning from a location or locations outside the

United States without regard to previous or subsequent domestic

stopovers.

Beginning July 1, 2013, fuel and petroleum products sold to

or used by an air carrier, certified by the carrier to be used

for consumption, shipment, or storage in the conduct of its

business as an air common carrier, for a flight that (i) is

engaged in foreign trade or is engaged in trade between the

United States and any of its possessions and (ii) transports at

least one individual or package for hire from the city of

origination to the city of final destination on the same

aircraft, without regard to a change in the flight number of

that aircraft.

(13) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of

food and beverages purchased at retail from a retailer, to the

extent that the proceeds of the service charge are in fact

turned over as tips or as a substitute for tips to the

employees who participate directly in preparing, serving,

hosting or cleaning up the food or beverage function with

respect to which the service charge is imposed.

(14) Until July 1, 2003, oil field exploration, drilling,

and production equipment, including (i) rigs and parts of rigs,

rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and

tubular goods, including casing and drill strings, (iii) pumps

and pump-jack units, (iv) storage tanks and flow lines, (v) any

individual replacement part for oil field exploration,

drilling, and production equipment, and (vi) machinery and

equipment purchased for lease; but excluding motor vehicles

required to be registered under the Illinois Vehicle Code.

(15) Photoprocessing machinery and equipment, including

repair and replacement parts, both new and used, including that

manufactured on special order, certified by the purchaser to be

used primarily for photoprocessing, and including

photoprocessing machinery and equipment purchased for lease.

(16) Until July 1, 2023, coal and aggregate exploration,

mining, off-highway hauling, processing, maintenance, and

reclamation equipment, including replacement parts and

equipment, and including equipment purchased for lease, but

excluding motor vehicles required to be registered under the

Illinois Vehicle Code. The changes made to this Section by

Public Act 97-767 apply on and after July 1, 2003, but no claim

for credit or refund is allowed on or after August 16, 2013

(the effective date of Public Act 98-456) for such taxes paid

during the period beginning July 1, 2003 and ending on August

16, 2013 (the effective date of Public Act 98-456).

(17) Until July 1, 2003, distillation machinery and

equipment, sold as a unit or kit, assembled or installed by the

retailer, certified by the user to be used only for the

production of ethyl alcohol that will be used for consumption

as motor fuel or as a component of motor fuel for the personal

use of the user, and not subject to sale or resale.

(18) Manufacturing and assembling machinery and equipment

used primarily in the process of manufacturing or assembling

tangible personal property for wholesale or retail sale or

lease, whether that sale or lease is made directly by the

manufacturer or by some other person, whether the materials

used in the process are owned by the manufacturer or some other

person, or whether that sale or lease is made apart from or as

an incident to the seller's engaging in the service occupation

of producing machines, tools, dies, jigs, patterns, gauges, or

other similar items of no commercial value on special order for

a particular purchaser. The exemption provided by this

paragraph (18) does not include machinery and equipment used in

(i) the generation of electricity for wholesale or retail sale;

(ii) the generation or treatment of natural or artificial gas

for wholesale or retail sale that is delivered to customers

through pipes, pipelines, or mains; or (iii) the treatment of

water for wholesale or retail sale that is delivered to

customers through pipes, pipelines, or mains. The provisions of

Public Act 98-583 are declaratory of existing law as to the

meaning and scope of this exemption. Beginning on July 1, 2017,

the exemption provided by this paragraph (18) includes, but is

not limited to, graphic arts machinery and equipment, as

defined in paragraph (6) of this Section.

(19) Personal property delivered to a purchaser or

purchaser's donee inside Illinois when the purchase order for

that personal property was received by a florist located

outside Illinois who has a florist located inside Illinois

deliver the personal property.

(20) Semen used for artificial insemination of livestock

for direct agricultural production.

(21) Horses, or interests in horses, registered with and

meeting the requirements of any of the Arabian Horse Club

Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States Trotting Association, or

Jockey Club, as appropriate, used for purposes of breeding or

racing for prizes. This item (21) is exempt from the provisions

of Section 3-90, and the exemption provided for under this item

(21) applies for all periods beginning May 30, 1995, but no

claim for credit or refund is allowed on or after January 1,

2008 for such taxes paid during the period beginning May 30,

2000 and ending on January 1, 2008.

(22) Computers and communications equipment utilized for

any hospital purpose and equipment used in the diagnosis,

analysis, or treatment of hospital patients purchased by a

lessor who leases the equipment, under a lease of one year or

longer executed or in effect at the time the lessor would

otherwise be subject to the tax imposed by this Act, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of the

Retailers' Occupation Tax Act. If the equipment is leased in a

manner that does not qualify for this exemption or is used in

any other non-exempt manner, the lessor shall be liable for the

tax imposed under this Act or the Service Use Tax Act, as the

case may be, based on the fair market value of the property at

the time the non-qualifying use occurs. No lessor shall collect

or attempt to collect an amount (however designated) that

purports to reimburse that lessor for the tax imposed by this

Act or the Service Use Tax Act, as the case may be, if the tax

has not been paid by the lessor. If a lessor improperly

collects any such amount from the lessee, the lessee shall have

a legal right to claim a refund of that amount from the lessor.

If, however, that amount is not refunded to the lessee for any

reason, the lessor is liable to pay that amount to the

Department.

(23) Personal property purchased by a lessor who leases the

property, under a lease of one year or longer executed or in

effect at the time the lessor would otherwise be subject to the

tax imposed by this Act, to a governmental body that has been

issued an active sales tax exemption identification number by

the Department under Section 1g of the Retailers' Occupation

Tax Act. If the property is leased in a manner that does not

qualify for this exemption or used in any other non-exempt

manner, the lessor shall be liable for the tax imposed under

this Act or the Service Use Tax Act, as the case may be, based

on the fair market value of the property at the time the

non-qualifying use occurs. No lessor shall collect or attempt

to collect an amount (however designated) that purports to

reimburse that lessor for the tax imposed by this Act or the

Service Use Tax Act, as the case may be, if the tax has not been

paid by the lessor. If a lessor improperly collects any such

amount from the lessee, the lessee shall have a legal right to

claim a refund of that amount from the lessor. If, however,

that amount is not refunded to the lessee for any reason, the

lessor is liable to pay that amount to the Department.

(24) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is donated for

disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a

manufacturer or retailer that is registered in this State to a

corporation, society, association, foundation, or institution

that has been issued a sales tax exemption identification

number by the Department that assists victims of the disaster

who reside within the declared disaster area.

(25) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is used in the

performance of infrastructure repairs in this State, including

but not limited to municipal roads and streets, access roads,

bridges, sidewalks, waste disposal systems, water and sewer

line extensions, water distribution and purification

facilities, storm water drainage and retention facilities, and

sewage treatment facilities, resulting from a State or

federally declared disaster in Illinois or bordering Illinois

when such repairs are initiated on facilities located in the

declared disaster area within 6 months after the disaster.

(26) Beginning July 1, 1999, game or game birds purchased

at a "game breeding and hunting preserve area" as that term is

used in the Wildlife Code. This paragraph is exempt from the

provisions of Section 3-90.

(27) A motor vehicle, as that term is defined in Section

1-146 of the Illinois Vehicle Code, that is donated to a

corporation, limited liability company, society, association,

foundation, or institution that is determined by the Department

to be organized and operated exclusively for educational

purposes. For purposes of this exemption, "a corporation,

limited liability company, society, association, foundation,

or institution organized and operated exclusively for

educational purposes" means all tax-supported public schools,

private schools that offer systematic instruction in useful

branches of learning by methods common to public schools and

that compare favorably in their scope and intensity with the

course of study presented in tax-supported schools, and

vocational or technical schools or institutes organized and

operated exclusively to provide a course of study of not less

than 6 weeks duration and designed to prepare individuals to

follow a trade or to pursue a manual, technical, mechanical,

industrial, business, or commercial occupation.

(28) Beginning January 1, 2000, personal property,

including food, purchased through fundraising events for the

benefit of a public or private elementary or secondary school,

a group of those schools, or one or more school districts if

the events are sponsored by an entity recognized by the school

district that consists primarily of volunteers and includes

parents and teachers of the school children. This paragraph

does not apply to fundraising events (i) for the benefit of

private home instruction or (ii) for which the fundraising

entity purchases the personal property sold at the events from

another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that profits

from the sale to the fundraising entity. This paragraph is

exempt from the provisions of Section 3-90.

(29) Beginning January 1, 2000 and through December 31,

2001, new or used automatic vending machines that prepare and

serve hot food and beverages, including coffee, soup, and other

items, and replacement parts for these machines. Beginning

January 1, 2002 and through June 30, 2003, machines and parts

for machines used in commercial, coin-operated amusement and

vending business if a use or occupation tax is paid on the

gross receipts derived from the use of the commercial,

coin-operated amusement and vending machines. This paragraph

is exempt from the provisions of Section 3-90.

(30) Beginning January 1, 2001 and through June 30, 2016,

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages, soft

drinks, and food that has been prepared for immediate

consumption) and prescription and nonprescription medicines,

drugs, medical appliances, and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use, when purchased for use by a person receiving medical

assistance under Article V of the Illinois Public Aid Code who

resides in a licensed long-term care facility, as defined in

the Nursing Home Care Act, or in a licensed facility as defined

in the ID/DD Community Care Act, the MC/DD Act, or the

Specialized Mental Health Rehabilitation Act of 2013.

(31) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), computers and communications equipment

utilized for any hospital purpose and equipment used in the

diagnosis, analysis, or treatment of hospital patients

purchased by a lessor who leases the equipment, under a lease

of one year or longer executed or in effect at the time the

lessor would otherwise be subject to the tax imposed by this

Act, to a hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of the

Retailers' Occupation Tax Act. If the equipment is leased in a

manner that does not qualify for this exemption or is used in

any other nonexempt manner, the lessor shall be liable for the

tax imposed under this Act or the Service Use Tax Act, as the

case may be, based on the fair market value of the property at

the time the nonqualifying use occurs. No lessor shall collect

or attempt to collect an amount (however designated) that

purports to reimburse that lessor for the tax imposed by this

Act or the Service Use Tax Act, as the case may be, if the tax

has not been paid by the lessor. If a lessor improperly

collects any such amount from the lessee, the lessee shall have

a legal right to claim a refund of that amount from the lessor.

If, however, that amount is not refunded to the lessee for any

reason, the lessor is liable to pay that amount to the

Department. This paragraph is exempt from the provisions of

Section 3-90.

(32) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), personal property purchased by a lessor who

leases the property, under a lease of one year or longer

executed or in effect at the time the lessor would otherwise be

subject to the tax imposed by this Act, to a governmental body

that has been issued an active sales tax exemption

identification number by the Department under Section 1g of the

Retailers' Occupation Tax Act. If the property is leased in a

manner that does not qualify for this exemption or used in any

other nonexempt manner, the lessor shall be liable for the tax

imposed under this Act or the Service Use Tax Act, as the case

may be, based on the fair market value of the property at the

time the nonqualifying use occurs. No lessor shall collect or

attempt to collect an amount (however designated) that purports

to reimburse that lessor for the tax imposed by this Act or the

Service Use Tax Act, as the case may be, if the tax has not been

paid by the lessor. If a lessor improperly collects any such

amount from the lessee, the lessee shall have a legal right to

claim a refund of that amount from the lessor. If, however,

that amount is not refunded to the lessee for any reason, the

lessor is liable to pay that amount to the Department. This

paragraph is exempt from the provisions of Section 3-90.

(33) On and after July 1, 2003 and through June 30, 2004,

the use in this State of motor vehicles of the second division

with a gross vehicle weight in excess of 8,000 pounds and that

are subject to the commercial distribution fee imposed under

Section 3-815.1 of the Illinois Vehicle Code. Beginning on July

1, 2004 and through June 30, 2005, the use in this State of

motor vehicles of the second division: (i) with a gross vehicle

weight rating in excess of 8,000 pounds; (ii) that are subject

to the commercial distribution fee imposed under Section

3-815.1 of the Illinois Vehicle Code; and (iii) that are

primarily used for commercial purposes. Through June 30, 2005,

this exemption applies to repair and replacement parts added

after the initial purchase of such a motor vehicle if that

motor vehicle is used in a manner that would qualify for the

rolling stock exemption otherwise provided for in this Act. For

purposes of this paragraph, the term "used for commercial

purposes" means the transportation of persons or property in

furtherance of any commercial or industrial enterprise,

whether for-hire or not.

(34) Beginning January 1, 2008, tangible personal property

used in the construction or maintenance of a community water

supply, as defined under Section 3.145 of the Environmental

Protection Act, that is operated by a not-for-profit

corporation that holds a valid water supply permit issued under

Title IV of the Environmental Protection Act. This paragraph is

exempt from the provisions of Section 3-90.

(35) Beginning January 1, 2010, materials, parts,

equipment, components, and furnishings incorporated into or

upon an aircraft as part of the modification, refurbishment,

completion, replacement, repair, or maintenance of the

aircraft. This exemption includes consumable supplies used in

the modification, refurbishment, completion, replacement,

repair, and maintenance of aircraft, but excludes any

materials, parts, equipment, components, and consumable

supplies used in the modification, replacement, repair, and

maintenance of aircraft engines or power plants, whether such

engines or power plants are installed or uninstalled upon any

such aircraft. "Consumable supplies" include, but are not

limited to, adhesive, tape, sandpaper, general purpose

lubricants, cleaning solution, latex gloves, and protective

films. This exemption applies only to the use of qualifying

tangible personal property by persons who modify, refurbish,

complete, repair, replace, or maintain aircraft and who (i)

hold an Air Agency Certificate and are empowered to operate an

approved repair station by the Federal Aviation

Administration, (ii) have a Class IV Rating, and (iii) conduct

operations in accordance with Part 145 of the Federal Aviation

Regulations. The exemption does not include aircraft operated

by a commercial air carrier providing scheduled passenger air

service pursuant to authority issued under Part 121 or Part 129

of the Federal Aviation Regulations. The changes made to this

paragraph (35) by Public Act 98-534 are declarative of existing

law.

(36) Tangible personal property purchased by a

public-facilities corporation, as described in Section

11-65-10 of the Illinois Municipal Code, for purposes of

constructing or furnishing a municipal convention hall, but

only if the legal title to the municipal convention hall is

transferred to the municipality without any further

consideration by or on behalf of the municipality at the time

of the completion of the municipal convention hall or upon the

retirement or redemption of any bonds or other debt instruments

issued by the public-facilities corporation in connection with

the development of the municipal convention hall. This

exemption includes existing public-facilities corporations as

provided in Section 11-65-25 of the Illinois Municipal Code.

This paragraph is exempt from the provisions of Section 3-90.

(37) Beginning January 1, 2017, menstrual pads, tampons,

and menstrual cups.

(38) Merchandise that is subject to the Rental Purchase

Agreement Occupation and Use Tax. The purchaser must certify

that the item is purchased to be rented subject to a rental

purchase agreement, as defined in the Rental Purchase Agreement

Act, and provide proof of registration under the Rental

Purchase Agreement Occupation and Use Tax Act. This paragraph

is exempt from the provisions of Section 3-90.

(39) Tangible personal property purchased by a purchaser

who is exempt from the tax imposed by this Act by operation of

federal law. This paragraph is exempt from the provisions of

Section 3-90.

(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;

100-22, eff. 7-6-17; 100-437, eff. 1-1-18; 100-594, eff.

6-29-18; 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; revised

1-8-19.)

Section 290. The Service Use Tax Act is amended by changing

Section 3-5 as follows:

(35 ILCS 110/3-5)

Sec. 3-5. Exemptions. Use of the following tangible

personal property is exempt from the tax imposed by this Act:

(1) Personal property purchased from a corporation,

society, association, foundation, institution, or

organization, other than a limited liability company, that is

organized and operated as a not-for-profit service enterprise

for the benefit of persons 65 years of age or older if the

personal property was not purchased by the enterprise for the

purpose of resale by the enterprise.

(2) Personal property purchased by a non-profit Illinois

county fair association for use in conducting, operating, or

promoting the county fair.

(3) Personal property purchased by a not-for-profit arts or

cultural organization that establishes, by proof required by

the Department by rule, that it has received an exemption under

Section 501(c)(3) of the Internal Revenue Code and that is

organized and operated primarily for the presentation or

support of arts or cultural programming, activities, or

services. These organizations include, but are not limited to,

music and dramatic arts organizations such as symphony

orchestras and theatrical groups, arts and cultural service

organizations, local arts councils, visual arts organizations,

and media arts organizations. On and after July 1, 2001 (the

effective date of Public Act 92-35) this amendatory Act of the

92nd General Assembly, however, an entity otherwise eligible

for this exemption shall not make tax-free purchases unless it

has an active identification number issued by the Department.

(4) Legal tender, currency, medallions, or gold or silver

coinage issued by the State of Illinois, the government of the

United States of America, or the government of any foreign

country, and bullion.

(5) Until July 1, 2003 and beginning again on September 1,

2004 through August 30, 2014, graphic arts machinery and

equipment, including repair and replacement parts, both new and

used, and including that manufactured on special order or

purchased for lease, certified by the purchaser to be used

primarily for graphic arts production. Equipment includes

chemicals or chemicals acting as catalysts but only if the

chemicals or chemicals acting as catalysts effect a direct and

immediate change upon a graphic arts product. Beginning on July

1, 2017, graphic arts machinery and equipment is included in

the manufacturing and assembling machinery and equipment

exemption under Section 2 of this Act.

(6) Personal property purchased from a teacher-sponsored

student organization affiliated with an elementary or

secondary school located in Illinois.

(7) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by the

purchaser to be used primarily for production agriculture or

State or federal agricultural programs, including individual

replacement parts for the machinery and equipment, including

machinery and equipment purchased for lease, and including

implements of husbandry defined in Section 1-130 of the

Illinois Vehicle Code, farm machinery and agricultural

chemical and fertilizer spreaders, and nurse wagons required to

be registered under Section 3-809 of the Illinois Vehicle Code,

but excluding other motor vehicles required to be registered

under the Illinois Vehicle Code. Horticultural polyhouses or

hoop houses used for propagating, growing, or overwintering

plants shall be considered farm machinery and equipment under

this item (7). Agricultural chemical tender tanks and dry boxes

shall include units sold separately from a motor vehicle

required to be licensed and units sold mounted on a motor

vehicle required to be licensed if the selling price of the

tender is separately stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment including, but not

limited to, tractors, harvesters, sprayers, planters, seeders,

or spreaders. Precision farming equipment includes, but is not

limited to, soil testing sensors, computers, monitors,

software, global positioning and mapping systems, and other

such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in the

computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not limited

to, the collection, monitoring, and correlation of animal and

crop data for the purpose of formulating animal diets and

agricultural chemicals. This item (7) is exempt from the

provisions of Section 3-75.

(8) Until June 30, 2013, fuel and petroleum products sold

to or used by an air common carrier, certified by the carrier

to be used for consumption, shipment, or storage in the conduct

of its business as an air common carrier, for a flight destined

for or returning from a location or locations outside the

United States without regard to previous or subsequent domestic

stopovers.

Beginning July 1, 2013, fuel and petroleum products sold to

or used by an air carrier, certified by the carrier to be used

for consumption, shipment, or storage in the conduct of its

business as an air common carrier, for a flight that (i) is

engaged in foreign trade or is engaged in trade between the

United States and any of its possessions and (ii) transports at

least one individual or package for hire from the city of

origination to the city of final destination on the same

aircraft, without regard to a change in the flight number of

that aircraft.

(9) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of

food and beverages acquired as an incident to the purchase of a

service from a serviceman, to the extent that the proceeds of

the service charge are in fact turned over as tips or as a

substitute for tips to the employees who participate directly

in preparing, serving, hosting or cleaning up the food or

beverage function with respect to which the service charge is

imposed.

(10) Until July 1, 2003, oil field exploration, drilling,

and production equipment, including (i) rigs and parts of rigs,

rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and

tubular goods, including casing and drill strings, (iii) pumps

and pump-jack units, (iv) storage tanks and flow lines, (v) any

individual replacement part for oil field exploration,

drilling, and production equipment, and (vi) machinery and

equipment purchased for lease; but excluding motor vehicles

required to be registered under the Illinois Vehicle Code.

(11) Proceeds from the sale of photoprocessing machinery

and equipment, including repair and replacement parts, both new

and used, including that manufactured on special order,

certified by the purchaser to be used primarily for

photoprocessing, and including photoprocessing machinery and

equipment purchased for lease.

(12) Until July 1, 2023, coal and aggregate exploration,

mining, off-highway hauling, processing, maintenance, and

reclamation equipment, including replacement parts and

equipment, and including equipment purchased for lease, but

excluding motor vehicles required to be registered under the

Illinois Vehicle Code. The changes made to this Section by

Public Act 97-767 apply on and after July 1, 2003, but no claim

for credit or refund is allowed on or after August 16, 2013

(the effective date of Public Act 98-456) for such taxes paid

during the period beginning July 1, 2003 and ending on August

16, 2013 (the effective date of Public Act 98-456).

(13) Semen used for artificial insemination of livestock

for direct agricultural production.

(14) Horses, or interests in horses, registered with and

meeting the requirements of any of the Arabian Horse Club

Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States Trotting Association, or

Jockey Club, as appropriate, used for purposes of breeding or

racing for prizes. This item (14) is exempt from the provisions

of Section 3-75, and the exemption provided for under this item

(14) applies for all periods beginning May 30, 1995, but no

claim for credit or refund is allowed on or after January 1,

2008 (the effective date of Public Act 95-88) this amendatory

Act of the 95th General Assembly for such taxes paid during the

period beginning May 30, 2000 and ending on January 1, 2008

(the effective date of Public Act 95-88) this amendatory Act of

the 95th General Assembly.

(15) Computers and communications equipment utilized for

any hospital purpose and equipment used in the diagnosis,

analysis, or treatment of hospital patients purchased by a

lessor who leases the equipment, under a lease of one year or

longer executed or in effect at the time the lessor would

otherwise be subject to the tax imposed by this Act, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of the

Retailers' Occupation Tax Act. If the equipment is leased in a

manner that does not qualify for this exemption or is used in

any other non-exempt manner, the lessor shall be liable for the

tax imposed under this Act or the Use Tax Act, as the case may

be, based on the fair market value of the property at the time

the non-qualifying use occurs. No lessor shall collect or

attempt to collect an amount (however designated) that purports

to reimburse that lessor for the tax imposed by this Act or the

Use Tax Act, as the case may be, if the tax has not been paid by

the lessor. If a lessor improperly collects any such amount

from the lessee, the lessee shall have a legal right to claim a

refund of that amount from the lessor. If, however, that amount

is not refunded to the lessee for any reason, the lessor is

liable to pay that amount to the Department.

(16) Personal property purchased by a lessor who leases the

property, under a lease of one year or longer executed or in

effect at the time the lessor would otherwise be subject to the

tax imposed by this Act, to a governmental body that has been

issued an active tax exemption identification number by the

Department under Section 1g of the Retailers' Occupation Tax

Act. If the property is leased in a manner that does not

qualify for this exemption or is used in any other non-exempt

manner, the lessor shall be liable for the tax imposed under

this Act or the Use Tax Act, as the case may be, based on the

fair market value of the property at the time the

non-qualifying use occurs. No lessor shall collect or attempt

to collect an amount (however designated) that purports to

reimburse that lessor for the tax imposed by this Act or the

Use Tax Act, as the case may be, if the tax has not been paid by

the lessor. If a lessor improperly collects any such amount

from the lessee, the lessee shall have a legal right to claim a

refund of that amount from the lessor. If, however, that amount

is not refunded to the lessee for any reason, the lessor is

liable to pay that amount to the Department.

(17) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is donated for

disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a

manufacturer or retailer that is registered in this State to a

corporation, society, association, foundation, or institution

that has been issued a sales tax exemption identification

number by the Department that assists victims of the disaster

who reside within the declared disaster area.

(18) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is used in the

performance of infrastructure repairs in this State, including

but not limited to municipal roads and streets, access roads,

bridges, sidewalks, waste disposal systems, water and sewer

line extensions, water distribution and purification

facilities, storm water drainage and retention facilities, and

sewage treatment facilities, resulting from a State or

federally declared disaster in Illinois or bordering Illinois

when such repairs are initiated on facilities located in the

declared disaster area within 6 months after the disaster.

(19) Beginning July 1, 1999, game or game birds purchased

at a "game breeding and hunting preserve area" as that term is

used in the Wildlife Code. This paragraph is exempt from the

provisions of Section 3-75.

(20) A motor vehicle, as that term is defined in Section

1-146 of the Illinois Vehicle Code, that is donated to a

corporation, limited liability company, society, association,

foundation, or institution that is determined by the Department

to be organized and operated exclusively for educational

purposes. For purposes of this exemption, "a corporation,

limited liability company, society, association, foundation,

or institution organized and operated exclusively for

educational purposes" means all tax-supported public schools,

private schools that offer systematic instruction in useful

branches of learning by methods common to public schools and

that compare favorably in their scope and intensity with the

course of study presented in tax-supported schools, and

vocational or technical schools or institutes organized and

operated exclusively to provide a course of study of not less

than 6 weeks duration and designed to prepare individuals to

follow a trade or to pursue a manual, technical, mechanical,

industrial, business, or commercial occupation.

(21) Beginning January 1, 2000, personal property,

including food, purchased through fundraising events for the

benefit of a public or private elementary or secondary school,

a group of those schools, or one or more school districts if

the events are sponsored by an entity recognized by the school

district that consists primarily of volunteers and includes

parents and teachers of the school children. This paragraph

does not apply to fundraising events (i) for the benefit of

private home instruction or (ii) for which the fundraising

entity purchases the personal property sold at the events from

another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that profits

from the sale to the fundraising entity. This paragraph is

exempt from the provisions of Section 3-75.

(22) Beginning January 1, 2000 and through December 31,

2001, new or used automatic vending machines that prepare and

serve hot food and beverages, including coffee, soup, and other

items, and replacement parts for these machines. Beginning

January 1, 2002 and through June 30, 2003, machines and parts

for machines used in commercial, coin-operated amusement and

vending business if a use or occupation tax is paid on the

gross receipts derived from the use of the commercial,

coin-operated amusement and vending machines. This paragraph

is exempt from the provisions of Section 3-75.

(23) Beginning August 23, 2001 and through June 30, 2016,

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages, soft

drinks, and food that has been prepared for immediate

consumption) and prescription and nonprescription medicines,

drugs, medical appliances, and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use, when purchased for use by a person receiving medical

assistance under Article V of the Illinois Public Aid Code who

resides in a licensed long-term care facility, as defined in

the Nursing Home Care Act, or in a licensed facility as defined

in the ID/DD Community Care Act, the MC/DD Act, or the

Specialized Mental Health Rehabilitation Act of 2013.

(24) Beginning on August 2, 2001 (the effective date of

Public Act 92-227) this amendatory Act of the 92nd General

Assembly, computers and communications equipment utilized for

any hospital purpose and equipment used in the diagnosis,

analysis, or treatment of hospital patients purchased by a

lessor who leases the equipment, under a lease of one year or

longer executed or in effect at the time the lessor would

otherwise be subject to the tax imposed by this Act, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of the

Retailers' Occupation Tax Act. If the equipment is leased in a

manner that does not qualify for this exemption or is used in

any other nonexempt manner, the lessor shall be liable for the

tax imposed under this Act or the Use Tax Act, as the case may

be, based on the fair market value of the property at the time

the nonqualifying use occurs. No lessor shall collect or

attempt to collect an amount (however designated) that purports

to reimburse that lessor for the tax imposed by this Act or the

Use Tax Act, as the case may be, if the tax has not been paid by

the lessor. If a lessor improperly collects any such amount

from the lessee, the lessee shall have a legal right to claim a

refund of that amount from the lessor. If, however, that amount

is not refunded to the lessee for any reason, the lessor is

liable to pay that amount to the Department. This paragraph is

exempt from the provisions of Section 3-75.

(25) Beginning on August 2, 2001 (the effective date of

Public Act 92-227) this amendatory Act of the 92nd General

Assembly, personal property purchased by a lessor who leases

the property, under a lease of one year or longer executed or

in effect at the time the lessor would otherwise be subject to

the tax imposed by this Act, to a governmental body that has

been issued an active tax exemption identification number by

the Department under Section 1g of the Retailers' Occupation

Tax Act. If the property is leased in a manner that does not

qualify for this exemption or is used in any other nonexempt

manner, the lessor shall be liable for the tax imposed under

this Act or the Use Tax Act, as the case may be, based on the

fair market value of the property at the time the nonqualifying

use occurs. No lessor shall collect or attempt to collect an

amount (however designated) that purports to reimburse that

lessor for the tax imposed by this Act or the Use Tax Act, as

the case may be, if the tax has not been paid by the lessor. If

a lessor improperly collects any such amount from the lessee,

the lessee shall have a legal right to claim a refund of that

amount from the lessor. If, however, that amount is not

refunded to the lessee for any reason, the lessor is liable to

pay that amount to the Department. This paragraph is exempt

from the provisions of Section 3-75.

(26) Beginning January 1, 2008, tangible personal property

used in the construction or maintenance of a community water

supply, as defined under Section 3.145 of the Environmental

Protection Act, that is operated by a not-for-profit

corporation that holds a valid water supply permit issued under

Title IV of the Environmental Protection Act. This paragraph is

exempt from the provisions of Section 3-75.

(27) Beginning January 1, 2010, materials, parts,

equipment, components, and furnishings incorporated into or

upon an aircraft as part of the modification, refurbishment,

completion, replacement, repair, or maintenance of the

aircraft. This exemption includes consumable supplies used in

the modification, refurbishment, completion, replacement,

repair, and maintenance of aircraft, but excludes any

materials, parts, equipment, components, and consumable

supplies used in the modification, replacement, repair, and

maintenance of aircraft engines or power plants, whether such

engines or power plants are installed or uninstalled upon any

such aircraft. "Consumable supplies" include, but are not

limited to, adhesive, tape, sandpaper, general purpose

lubricants, cleaning solution, latex gloves, and protective

films. This exemption applies only to the use of qualifying

tangible personal property transferred incident to the

modification, refurbishment, completion, replacement, repair,

or maintenance of aircraft by persons who (i) hold an Air

Agency Certificate and are empowered to operate an approved

repair station by the Federal Aviation Administration, (ii)

have a Class IV Rating, and (iii) conduct operations in

accordance with Part 145 of the Federal Aviation Regulations.

The exemption does not include aircraft operated by a

commercial air carrier providing scheduled passenger air

service pursuant to authority issued under Part 121 or Part 129

of the Federal Aviation Regulations. The changes made to this

paragraph (27) by Public Act 98-534 are declarative of existing

law.

(28) Tangible personal property purchased by a

public-facilities corporation, as described in Section

11-65-10 of the Illinois Municipal Code, for purposes of

constructing or furnishing a municipal convention hall, but

only if the legal title to the municipal convention hall is

transferred to the municipality without any further

consideration by or on behalf of the municipality at the time

of the completion of the municipal convention hall or upon the

retirement or redemption of any bonds or other debt instruments

issued by the public-facilities corporation in connection with

the development of the municipal convention hall. This

exemption includes existing public-facilities corporations as

provided in Section 11-65-25 of the Illinois Municipal Code.

This paragraph is exempt from the provisions of Section 3-75.

(29) Beginning January 1, 2017, menstrual pads, tampons,

and menstrual cups.

(30) Tangible personal property transferred to a purchaser

who is exempt from the tax imposed by this Act by operation of

federal law. This paragraph is exempt from the provisions of

Section 3-75.

(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;

100-22, eff. 7-6-17; 100-594, eff. 6-29-18; 100-1171, eff.

1-4-19; revised 1-8-19.)

Section 295. The Service Occupation Tax Act is amended by

changing Section 3-5 as follows:

(35 ILCS 115/3-5)

Sec. 3-5. Exemptions. The following tangible personal

property is exempt from the tax imposed by this Act:

(1) Personal property sold by a corporation, society,

association, foundation, institution, or organization, other

than a limited liability company, that is organized and

operated as a not-for-profit service enterprise for the benefit

of persons 65 years of age or older if the personal property

was not purchased by the enterprise for the purpose of resale

by the enterprise.

(2) Personal property purchased by a not-for-profit

Illinois county fair association for use in conducting,

operating, or promoting the county fair.

(3) Personal property purchased by any not-for-profit arts

or cultural organization that establishes, by proof required by

the Department by rule, that it has received an exemption under

Section 501(c)(3) of the Internal Revenue Code and that is

organized and operated primarily for the presentation or

support of arts or cultural programming, activities, or

services. These organizations include, but are not limited to,

music and dramatic arts organizations such as symphony

orchestras and theatrical groups, arts and cultural service

organizations, local arts councils, visual arts organizations,

and media arts organizations. On and after July 1, 2001 (the

effective date of Public Act 92-35) this amendatory Act of the

92nd General Assembly, however, an entity otherwise eligible

for this exemption shall not make tax-free purchases unless it

has an active identification number issued by the Department.

(4) Legal tender, currency, medallions, or gold or silver

coinage issued by the State of Illinois, the government of the

United States of America, or the government of any foreign

country, and bullion.

(5) Until July 1, 2003 and beginning again on September 1,

2004 through August 30, 2014, graphic arts machinery and

equipment, including repair and replacement parts, both new and

used, and including that manufactured on special order or

purchased for lease, certified by the purchaser to be used

primarily for graphic arts production. Equipment includes

chemicals or chemicals acting as catalysts but only if the

chemicals or chemicals acting as catalysts effect a direct and

immediate change upon a graphic arts product. Beginning on July

1, 2017, graphic arts machinery and equipment is included in

the manufacturing and assembling machinery and equipment

exemption under Section 2 of this Act.

(6) Personal property sold by a teacher-sponsored student

organization affiliated with an elementary or secondary school

located in Illinois.

(7) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by the

purchaser to be used primarily for production agriculture or

State or federal agricultural programs, including individual

replacement parts for the machinery and equipment, including

machinery and equipment purchased for lease, and including

implements of husbandry defined in Section 1-130 of the

Illinois Vehicle Code, farm machinery and agricultural

chemical and fertilizer spreaders, and nurse wagons required to

be registered under Section 3-809 of the Illinois Vehicle Code,

but excluding other motor vehicles required to be registered

under the Illinois Vehicle Code. Horticultural polyhouses or

hoop houses used for propagating, growing, or overwintering

plants shall be considered farm machinery and equipment under

this item (7). Agricultural chemical tender tanks and dry boxes

shall include units sold separately from a motor vehicle

required to be licensed and units sold mounted on a motor

vehicle required to be licensed if the selling price of the

tender is separately stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment including, but not

limited to, tractors, harvesters, sprayers, planters, seeders,

or spreaders. Precision farming equipment includes, but is not

limited to, soil testing sensors, computers, monitors,

software, global positioning and mapping systems, and other

such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in the

computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not limited

to, the collection, monitoring, and correlation of animal and

crop data for the purpose of formulating animal diets and

agricultural chemicals. This item (7) is exempt from the

provisions of Section 3-55.

(8) Until June 30, 2013, fuel and petroleum products sold

to or used by an air common carrier, certified by the carrier

to be used for consumption, shipment, or storage in the conduct

of its business as an air common carrier, for a flight destined

for or returning from a location or locations outside the

United States without regard to previous or subsequent domestic

stopovers.

Beginning July 1, 2013, fuel and petroleum products sold to

or used by an air carrier, certified by the carrier to be used

for consumption, shipment, or storage in the conduct of its

business as an air common carrier, for a flight that (i) is

engaged in foreign trade or is engaged in trade between the

United States and any of its possessions and (ii) transports at

least one individual or package for hire from the city of

origination to the city of final destination on the same

aircraft, without regard to a change in the flight number of

that aircraft.

(9) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of

food and beverages, to the extent that the proceeds of the

service charge are in fact turned over as tips or as a

substitute for tips to the employees who participate directly

in preparing, serving, hosting or cleaning up the food or

beverage function with respect to which the service charge is

imposed.

(10) Until July 1, 2003, oil field exploration, drilling,

and production equipment, including (i) rigs and parts of rigs,

rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and

tubular goods, including casing and drill strings, (iii) pumps

and pump-jack units, (iv) storage tanks and flow lines, (v) any

individual replacement part for oil field exploration,

drilling, and production equipment, and (vi) machinery and

equipment purchased for lease; but excluding motor vehicles

required to be registered under the Illinois Vehicle Code.

(11) Photoprocessing machinery and equipment, including

repair and replacement parts, both new and used, including that

manufactured on special order, certified by the purchaser to be

used primarily for photoprocessing, and including

photoprocessing machinery and equipment purchased for lease.

(12) Until July 1, 2023, coal and aggregate exploration,

mining, off-highway hauling, processing, maintenance, and

reclamation equipment, including replacement parts and

equipment, and including equipment purchased for lease, but

excluding motor vehicles required to be registered under the

Illinois Vehicle Code. The changes made to this Section by

Public Act 97-767 apply on and after July 1, 2003, but no claim

for credit or refund is allowed on or after August 16, 2013

(the effective date of Public Act 98-456) for such taxes paid

during the period beginning July 1, 2003 and ending on August

16, 2013 (the effective date of Public Act 98-456).

(13) Beginning January 1, 1992 and through June 30, 2016,

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages, soft

drinks and food that has been prepared for immediate

consumption) and prescription and non-prescription medicines,

drugs, medical appliances, and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use, when purchased for use by a person receiving medical

assistance under Article V of the Illinois Public Aid Code who

resides in a licensed long-term care facility, as defined in

the Nursing Home Care Act, or in a licensed facility as defined

in the ID/DD Community Care Act, the MC/DD Act, or the

Specialized Mental Health Rehabilitation Act of 2013.

(14) Semen used for artificial insemination of livestock

for direct agricultural production.

(15) Horses, or interests in horses, registered with and

meeting the requirements of any of the Arabian Horse Club

Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States Trotting Association, or

Jockey Club, as appropriate, used for purposes of breeding or

racing for prizes. This item (15) is exempt from the provisions

of Section 3-55, and the exemption provided for under this item

(15) applies for all periods beginning May 30, 1995, but no

claim for credit or refund is allowed on or after January 1,

2008 (the effective date of Public Act 95-88) for such taxes

paid during the period beginning May 30, 2000 and ending on

January 1, 2008 (the effective date of Public Act 95-88).

(16) Computers and communications equipment utilized for

any hospital purpose and equipment used in the diagnosis,

analysis, or treatment of hospital patients sold to a lessor

who leases the equipment, under a lease of one year or longer

executed or in effect at the time of the purchase, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of the

Retailers' Occupation Tax Act.

(17) Personal property sold to a lessor who leases the

property, under a lease of one year or longer executed or in

effect at the time of the purchase, to a governmental body that

has been issued an active tax exemption identification number

by the Department under Section 1g of the Retailers' Occupation

Tax Act.

(18) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is donated for

disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a

manufacturer or retailer that is registered in this State to a

corporation, society, association, foundation, or institution

that has been issued a sales tax exemption identification

number by the Department that assists victims of the disaster

who reside within the declared disaster area.

(19) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is used in the

performance of infrastructure repairs in this State, including

but not limited to municipal roads and streets, access roads,

bridges, sidewalks, waste disposal systems, water and sewer

line extensions, water distribution and purification

facilities, storm water drainage and retention facilities, and

sewage treatment facilities, resulting from a State or

federally declared disaster in Illinois or bordering Illinois

when such repairs are initiated on facilities located in the

declared disaster area within 6 months after the disaster.

(20) Beginning July 1, 1999, game or game birds sold at a

"game breeding and hunting preserve area" as that term is used

in the Wildlife Code. This paragraph is exempt from the

provisions of Section 3-55.

(21) A motor vehicle, as that term is defined in Section

1-146 of the Illinois Vehicle Code, that is donated to a

corporation, limited liability company, society, association,

foundation, or institution that is determined by the Department

to be organized and operated exclusively for educational

purposes. For purposes of this exemption, "a corporation,

limited liability company, society, association, foundation,

or institution organized and operated exclusively for

educational purposes" means all tax-supported public schools,

private schools that offer systematic instruction in useful

branches of learning by methods common to public schools and

that compare favorably in their scope and intensity with the

course of study presented in tax-supported schools, and

vocational or technical schools or institutes organized and

operated exclusively to provide a course of study of not less

than 6 weeks duration and designed to prepare individuals to

follow a trade or to pursue a manual, technical, mechanical,

industrial, business, or commercial occupation.

(22) Beginning January 1, 2000, personal property,

including food, purchased through fundraising events for the

benefit of a public or private elementary or secondary school,

a group of those schools, or one or more school districts if

the events are sponsored by an entity recognized by the school

district that consists primarily of volunteers and includes

parents and teachers of the school children. This paragraph

does not apply to fundraising events (i) for the benefit of

private home instruction or (ii) for which the fundraising

entity purchases the personal property sold at the events from

another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that profits

from the sale to the fundraising entity. This paragraph is

exempt from the provisions of Section 3-55.

(23) Beginning January 1, 2000 and through December 31,

2001, new or used automatic vending machines that prepare and

serve hot food and beverages, including coffee, soup, and other

items, and replacement parts for these machines. Beginning

January 1, 2002 and through June 30, 2003, machines and parts

for machines used in commercial, coin-operated amusement and

vending business if a use or occupation tax is paid on the

gross receipts derived from the use of the commercial,

coin-operated amusement and vending machines. This paragraph

is exempt from the provisions of Section 3-55.

(24) Beginning on August 2, 2001 (the effective date of

Public Act 92-227) this amendatory Act of the 92nd General

Assembly, computers and communications equipment utilized for

any hospital purpose and equipment used in the diagnosis,

analysis, or treatment of hospital patients sold to a lessor

who leases the equipment, under a lease of one year or longer

executed or in effect at the time of the purchase, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of the

Retailers' Occupation Tax Act. This paragraph is exempt from

the provisions of Section 3-55.

(25) Beginning on August 2, 2001 (the effective date of

Public Act 92-227) this amendatory Act of the 92nd General

Assembly, personal property sold to a lessor who leases the

property, under a lease of one year or longer executed or in

effect at the time of the purchase, to a governmental body that

has been issued an active tax exemption identification number

by the Department under Section 1g of the Retailers' Occupation

Tax Act. This paragraph is exempt from the provisions of

Section 3-55.

(26) Beginning on January 1, 2002 and through June 30,

2016, tangible personal property purchased from an Illinois

retailer by a taxpayer engaged in centralized purchasing

activities in Illinois who will, upon receipt of the property

in Illinois, temporarily store the property in Illinois (i) for

the purpose of subsequently transporting it outside this State

for use or consumption thereafter solely outside this State or

(ii) for the purpose of being processed, fabricated, or

manufactured into, attached to, or incorporated into other

tangible personal property to be transported outside this State

and thereafter used or consumed solely outside this State. The

Director of Revenue shall, pursuant to rules adopted in

accordance with the Illinois Administrative Procedure Act,

issue a permit to any taxpayer in good standing with the

Department who is eligible for the exemption under this

paragraph (26). The permit issued under this paragraph (26)

shall authorize the holder, to the extent and in the manner

specified in the rules adopted under this Act, to purchase

tangible personal property from a retailer exempt from the

taxes imposed by this Act. Taxpayers shall maintain all

necessary books and records to substantiate the use and

consumption of all such tangible personal property outside of

the State of Illinois.

(27) Beginning January 1, 2008, tangible personal property

used in the construction or maintenance of a community water

supply, as defined under Section 3.145 of the Environmental

Protection Act, that is operated by a not-for-profit

corporation that holds a valid water supply permit issued under

Title IV of the Environmental Protection Act. This paragraph is

exempt from the provisions of Section 3-55.

(28) Tangible personal property sold to a

public-facilities corporation, as described in Section

11-65-10 of the Illinois Municipal Code, for purposes of

constructing or furnishing a municipal convention hall, but

only if the legal title to the municipal convention hall is

transferred to the municipality without any further

consideration by or on behalf of the municipality at the time

of the completion of the municipal convention hall or upon the

retirement or redemption of any bonds or other debt instruments

issued by the public-facilities corporation in connection with

the development of the municipal convention hall. This

exemption includes existing public-facilities corporations as

provided in Section 11-65-25 of the Illinois Municipal Code.

This paragraph is exempt from the provisions of Section 3-55.

(29) Beginning January 1, 2010, materials, parts,

equipment, components, and furnishings incorporated into or

upon an aircraft as part of the modification, refurbishment,

completion, replacement, repair, or maintenance of the

aircraft. This exemption includes consumable supplies used in

the modification, refurbishment, completion, replacement,

repair, and maintenance of aircraft, but excludes any

materials, parts, equipment, components, and consumable

supplies used in the modification, replacement, repair, and

maintenance of aircraft engines or power plants, whether such

engines or power plants are installed or uninstalled upon any

such aircraft. "Consumable supplies" include, but are not

limited to, adhesive, tape, sandpaper, general purpose

lubricants, cleaning solution, latex gloves, and protective

films. This exemption applies only to the transfer of

qualifying tangible personal property incident to the

modification, refurbishment, completion, replacement, repair,

or maintenance of an aircraft by persons who (i) hold an Air

Agency Certificate and are empowered to operate an approved

repair station by the Federal Aviation Administration, (ii)

have a Class IV Rating, and (iii) conduct operations in

accordance with Part 145 of the Federal Aviation Regulations.

The exemption does not include aircraft operated by a

commercial air carrier providing scheduled passenger air

service pursuant to authority issued under Part 121 or Part 129

of the Federal Aviation Regulations. The changes made to this

paragraph (29) by Public Act 98-534 are declarative of existing

law.

(30) Beginning January 1, 2017, menstrual pads, tampons,

and menstrual cups.

(31) Tangible personal property transferred to a purchaser

who is exempt from tax by operation of federal law. This

paragraph is exempt from the provisions of Section 3-55.

(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;

100-22, eff. 7-6-17; 100-594, eff. 6-29-18; 100-1171, eff.

1-4-19; revised 1-8-19.)

Section 300. The Retailers' Occupation Tax Act is amended

by changing Section 2-5 as follows:

(35 ILCS 120/2-5)

Sec. 2-5. Exemptions. Gross receipts from proceeds from the

sale of the following tangible personal property are exempt

from the tax imposed by this Act:

(1) Farm chemicals.

(2) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by

the purchaser to be used primarily for production

agriculture or State or federal agricultural programs,

including individual replacement parts for the machinery

and equipment, including machinery and equipment purchased

for lease, and including implements of husbandry defined in

Section 1-130 of the Illinois Vehicle Code, farm machinery

and agricultural chemical and fertilizer spreaders, and

nurse wagons required to be registered under Section 3-809

of the Illinois Vehicle Code, but excluding other motor

vehicles required to be registered under the Illinois

Vehicle Code. Horticultural polyhouses or hoop houses used

for propagating, growing, or overwintering plants shall be

considered farm machinery and equipment under this item

(2). Agricultural chemical tender tanks and dry boxes shall

include units sold separately from a motor vehicle required

to be licensed and units sold mounted on a motor vehicle

required to be licensed, if the selling price of the tender

is separately stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment including, but

not limited to, tractors, harvesters, sprayers, planters,

seeders, or spreaders. Precision farming equipment

includes, but is not limited to, soil testing sensors,

computers, monitors, software, global positioning and

mapping systems, and other such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in

the computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not

limited to, the collection, monitoring, and correlation of

animal and crop data for the purpose of formulating animal

diets and agricultural chemicals. This item (2) is exempt

from the provisions of Section 2-70.

(3) Until July 1, 2003, distillation machinery and

equipment, sold as a unit or kit, assembled or installed by

the retailer, certified by the user to be used only for the

production of ethyl alcohol that will be used for

consumption as motor fuel or as a component of motor fuel

for the personal use of the user, and not subject to sale

or resale.

(4) Until July 1, 2003 and beginning again September 1,

2004 through August 30, 2014, graphic arts machinery and

equipment, including repair and replacement parts, both

new and used, and including that manufactured on special

order or purchased for lease, certified by the purchaser to

be used primarily for graphic arts production. Equipment

includes chemicals or chemicals acting as catalysts but

only if the chemicals or chemicals acting as catalysts

effect a direct and immediate change upon a graphic arts

product. Beginning on July 1, 2017, graphic arts machinery

and equipment is included in the manufacturing and

assembling machinery and equipment exemption under

paragraph (14).

(5) A motor vehicle that is used for automobile

renting, as defined in the Automobile Renting Occupation

and Use Tax Act. This paragraph is exempt from the

provisions of Section 2-70.

(6) Personal property sold by a teacher-sponsored

student organization affiliated with an elementary or

secondary school located in Illinois.

(7) Until July 1, 2003, proceeds of that portion of the

selling price of a passenger car the sale of which is

subject to the Replacement Vehicle Tax.

(8) Personal property sold to an Illinois county fair

association for use in conducting, operating, or promoting

the county fair.

(9) Personal property sold to a not-for-profit arts or

cultural organization that establishes, by proof required

by the Department by rule, that it has received an

exemption under Section 501(c)(3) of the Internal Revenue

Code and that is organized and operated primarily for the

presentation or support of arts or cultural programming,

activities, or services. These organizations include, but

are not limited to, music and dramatic arts organizations

such as symphony orchestras and theatrical groups, arts and

cultural service organizations, local arts councils,

visual arts organizations, and media arts organizations.

On and after July 1, 2001 (the effective date of Public Act

92-35), however, an entity otherwise eligible for this

exemption shall not make tax-free purchases unless it has

an active identification number issued by the Department.

(10) Personal property sold by a corporation, society,

association, foundation, institution, or organization,

other than a limited liability company, that is organized

and operated as a not-for-profit service enterprise for the

benefit of persons 65 years of age or older if the personal

property was not purchased by the enterprise for the

purpose of resale by the enterprise.

(11) Personal property sold to a governmental body, to

a corporation, society, association, foundation, or

institution organized and operated exclusively for

charitable, religious, or educational purposes, or to a

not-for-profit corporation, society, association,

foundation, institution, or organization that has no

compensated officers or employees and that is organized and

operated primarily for the recreation of persons 55 years

of age or older. A limited liability company may qualify

for the exemption under this paragraph only if the limited

liability company is organized and operated exclusively

for educational purposes. On and after July 1, 1987,

however, no entity otherwise eligible for this exemption

shall make tax-free purchases unless it has an active

identification number issued by the Department.

(12) (Blank).

(12-5) On and after July 1, 2003 and through June 30,

2004, motor vehicles of the second division with a gross

vehicle weight in excess of 8,000 pounds that are subject

to the commercial distribution fee imposed under Section

3-815.1 of the Illinois Vehicle Code. Beginning on July 1,

2004 and through June 30, 2005, the use in this State of

motor vehicles of the second division: (i) with a gross

vehicle weight rating in excess of 8,000 pounds; (ii) that

are subject to the commercial distribution fee imposed

under Section 3-815.1 of the Illinois Vehicle Code; and

(iii) that are primarily used for commercial purposes.

Through June 30, 2005, this exemption applies to repair and

replacement parts added after the initial purchase of such

a motor vehicle if that motor vehicle is used in a manner

that would qualify for the rolling stock exemption

otherwise provided for in this Act. For purposes of this

paragraph, "used for commercial purposes" means the

transportation of persons or property in furtherance of any

commercial or industrial enterprise whether for-hire or

not.

(13) Proceeds from sales to owners, lessors, or

shippers of tangible personal property that is utilized by

interstate carriers for hire for use as rolling stock

moving in interstate commerce and equipment operated by a

telecommunications provider, licensed as a common carrier

by the Federal Communications Commission, which is

permanently installed in or affixed to aircraft moving in

interstate commerce.

(14) Machinery and equipment that will be used by the

purchaser, or a lessee of the purchaser, primarily in the

process of manufacturing or assembling tangible personal

property for wholesale or retail sale or lease, whether the

sale or lease is made directly by the manufacturer or by

some other person, whether the materials used in the

process are owned by the manufacturer or some other person,

or whether the sale or lease is made apart from or as an

incident to the seller's engaging in the service occupation

of producing machines, tools, dies, jigs, patterns,

gauges, or other similar items of no commercial value on

special order for a particular purchaser. The exemption

provided by this paragraph (14) does not include machinery

and equipment used in (i) the generation of electricity for

wholesale or retail sale; (ii) the generation or treatment

of natural or artificial gas for wholesale or retail sale

that is delivered to customers through pipes, pipelines, or

mains; or (iii) the treatment of water for wholesale or

retail sale that is delivered to customers through pipes,

pipelines, or mains. The provisions of Public Act 98-583

are declaratory of existing law as to the meaning and scope

of this exemption. Beginning on July 1, 2017, the exemption

provided by this paragraph (14) includes, but is not

limited to, graphic arts machinery and equipment, as

defined in paragraph (4) of this Section.

(15) Proceeds of mandatory service charges separately

stated on customers' bills for purchase and consumption of

food and beverages, to the extent that the proceeds of the

service charge are in fact turned over as tips or as a

substitute for tips to the employees who participate

directly in preparing, serving, hosting or cleaning up the

food or beverage function with respect to which the service

charge is imposed.

(16) Tangible personal property sold to a purchaser if

the purchaser is exempt from use tax by operation of

federal law. This paragraph is exempt from the provisions

of Section 2-70.

(17) Tangible personal property sold to a common

carrier by rail or motor that receives the physical

possession of the property in Illinois and that transports

the property, or shares with another common carrier in the

transportation of the property, out of Illinois on a

standard uniform bill of lading showing the seller of the

property as the shipper or consignor of the property to a

destination outside Illinois, for use outside Illinois.

(18) Legal tender, currency, medallions, or gold or

silver coinage issued by the State of Illinois, the

government of the United States of America, or the

government of any foreign country, and bullion.

(19) Until July 1, 2003, oil field exploration,

drilling, and production equipment, including (i) rigs and

parts of rigs, rotary rigs, cable tool rigs, and workover

rigs, (ii) pipe and tubular goods, including casing and

drill strings, (iii) pumps and pump-jack units, (iv)

storage tanks and flow lines, (v) any individual

replacement part for oil field exploration, drilling, and

production equipment, and (vi) machinery and equipment

purchased for lease; but excluding motor vehicles required

to be registered under the Illinois Vehicle Code.

(20) Photoprocessing machinery and equipment,

including repair and replacement parts, both new and used,

including that manufactured on special order, certified by

the purchaser to be used primarily for photoprocessing, and

including photoprocessing machinery and equipment

purchased for lease.

(21) Until July 1, 2023, coal and aggregate

exploration, mining, off-highway hauling, processing,

maintenance, and reclamation equipment, including

replacement parts and equipment, and including equipment

purchased for lease, but excluding motor vehicles required

to be registered under the Illinois Vehicle Code. The

changes made to this Section by Public Act 97-767 apply on

and after July 1, 2003, but no claim for credit or refund

is allowed on or after August 16, 2013 (the effective date

of Public Act 98-456) for such taxes paid during the period

beginning July 1, 2003 and ending on August 16, 2013 (the

effective date of Public Act 98-456).

(22) Until June 30, 2013, fuel and petroleum products

sold to or used by an air carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a

flight destined for or returning from a location or

locations outside the United States without regard to

previous or subsequent domestic stopovers.

Beginning July 1, 2013, fuel and petroleum products

sold to or used by an air carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a

flight that (i) is engaged in foreign trade or is engaged

in trade between the United States and any of its

possessions and (ii) transports at least one individual or

package for hire from the city of origination to the city

of final destination on the same aircraft, without regard

to a change in the flight number of that aircraft.

(23) A transaction in which the purchase order is

received by a florist who is located outside Illinois, but

who has a florist located in Illinois deliver the property

to the purchaser or the purchaser's donee in Illinois.

(24) Fuel consumed or used in the operation of ships,

barges, or vessels that are used primarily in or for the

transportation of property or the conveyance of persons for

hire on rivers bordering on this State if the fuel is

delivered by the seller to the purchaser's barge, ship, or

vessel while it is afloat upon that bordering river.

(25) Except as provided in item (25-5) of this Section,

a motor vehicle sold in this State to a nonresident even

though the motor vehicle is delivered to the nonresident in

this State, if the motor vehicle is not to be titled in

this State, and if a drive-away permit is issued to the

motor vehicle as provided in Section 3-603 of the Illinois

Vehicle Code or if the nonresident purchaser has vehicle

registration plates to transfer to the motor vehicle upon

returning to his or her home state. The issuance of the

drive-away permit or having the out-of-state registration

plates to be transferred is prima facie evidence that the

motor vehicle will not be titled in this State.

(25-5) The exemption under item (25) does not apply if

the state in which the motor vehicle will be titled does

not allow a reciprocal exemption for a motor vehicle sold

and delivered in that state to an Illinois resident but

titled in Illinois. The tax collected under this Act on the

sale of a motor vehicle in this State to a resident of

another state that does not allow a reciprocal exemption

shall be imposed at a rate equal to the state's rate of tax

on taxable property in the state in which the purchaser is

a resident, except that the tax shall not exceed the tax

that would otherwise be imposed under this Act. At the time

of the sale, the purchaser shall execute a statement,

signed under penalty of perjury, of his or her intent to

title the vehicle in the state in which the purchaser is a

resident within 30 days after the sale and of the fact of

the payment to the State of Illinois of tax in an amount

equivalent to the state's rate of tax on taxable property

in his or her state of residence and shall submit the

statement to the appropriate tax collection agency in his

or her state of residence. In addition, the retailer must

retain a signed copy of the statement in his or her

records. Nothing in this item shall be construed to require

the removal of the vehicle from this state following the

filing of an intent to title the vehicle in the purchaser's

state of residence if the purchaser titles the vehicle in

his or her state of residence within 30 days after the date

of sale. The tax collected under this Act in accordance

with this item (25-5) shall be proportionately distributed

as if the tax were collected at the 6.25% general rate

imposed under this Act.

(25-7) Beginning on July 1, 2007, no tax is imposed

under this Act on the sale of an aircraft, as defined in

Section 3 of the Illinois Aeronautics Act, if all of the

following conditions are met:

(1) the aircraft leaves this State within 15 days

after the later of either the issuance of the final

billing for the sale of the aircraft, or the authorized

approval for return to service, completion of the

maintenance record entry, and completion of the test

flight and ground test for inspection, as required by

14 C.F.R. 91.407;

(2) the aircraft is not based or registered in this

State after the sale of the aircraft; and

(3) the seller retains in his or her books and

records and provides to the Department a signed and

dated certification from the purchaser, on a form

prescribed by the Department, certifying that the

requirements of this item (25-7) are met. The

certificate must also include the name and address of

the purchaser, the address of the location where the

aircraft is to be titled or registered, the address of

the primary physical location of the aircraft, and

other information that the Department may reasonably

require.

For purposes of this item (25-7):

"Based in this State" means hangared, stored, or

otherwise used, excluding post-sale customizations as

defined in this Section, for 10 or more days in each

12-month period immediately following the date of the sale

of the aircraft.

"Registered in this State" means an aircraft

registered with the Department of Transportation,

Aeronautics Division, or titled or registered with the

Federal Aviation Administration to an address located in

this State.

This paragraph (25-7) is exempt from the provisions of

Section 2-70.

(26) Semen used for artificial insemination of

livestock for direct agricultural production.

(27) Horses, or interests in horses, registered with

and meeting the requirements of any of the Arabian Horse

Club Registry of America, Appaloosa Horse Club, American

Quarter Horse Association, United States Trotting

Association, or Jockey Club, as appropriate, used for

purposes of breeding or racing for prizes. This item (27)

is exempt from the provisions of Section 2-70, and the

exemption provided for under this item (27) applies for all

periods beginning May 30, 1995, but no claim for credit or

refund is allowed on or after January 1, 2008 (the

effective date of Public Act 95-88) for such taxes paid

during the period beginning May 30, 2000 and ending on

January 1, 2008 (the effective date of Public Act 95-88).

(28) Computers and communications equipment utilized

for any hospital purpose and equipment used in the

diagnosis, analysis, or treatment of hospital patients

sold to a lessor who leases the equipment, under a lease of

one year or longer executed or in effect at the time of the

purchase, to a hospital that has been issued an active tax

exemption identification number by the Department under

Section 1g of this Act.

(29) Personal property sold to a lessor who leases the

property, under a lease of one year or longer executed or

in effect at the time of the purchase, to a governmental

body that has been issued an active tax exemption

identification number by the Department under Section 1g of

this Act.

(30) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on

or before December 31, 2004, personal property that is

donated for disaster relief to be used in a State or

federally declared disaster area in Illinois or bordering

Illinois by a manufacturer or retailer that is registered

in this State to a corporation, society, association,

foundation, or institution that has been issued a sales tax

exemption identification number by the Department that

assists victims of the disaster who reside within the

declared disaster area.

(31) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on

or before December 31, 2004, personal property that is used

in the performance of infrastructure repairs in this State,

including but not limited to municipal roads and streets,

access roads, bridges, sidewalks, waste disposal systems,

water and sewer line extensions, water distribution and

purification facilities, storm water drainage and

retention facilities, and sewage treatment facilities,

resulting from a State or federally declared disaster in

Illinois or bordering Illinois when such repairs are

initiated on facilities located in the declared disaster

area within 6 months after the disaster.

(32) Beginning July 1, 1999, game or game birds sold at

a "game breeding and hunting preserve area" as that term is

used in the Wildlife Code. This paragraph is exempt from

the provisions of Section 2-70.

(33) A motor vehicle, as that term is defined in

Section 1-146 of the Illinois Vehicle Code, that is donated

to a corporation, limited liability company, society,

association, foundation, or institution that is determined

by the Department to be organized and operated exclusively

for educational purposes. For purposes of this exemption,

"a corporation, limited liability company, society,

association, foundation, or institution organized and

operated exclusively for educational purposes" means all

tax-supported public schools, private schools that offer

systematic instruction in useful branches of learning by

methods common to public schools and that compare favorably

in their scope and intensity with the course of study

presented in tax-supported schools, and vocational or

technical schools or institutes organized and operated

exclusively to provide a course of study of not less than 6

weeks duration and designed to prepare individuals to

follow a trade or to pursue a manual, technical,

mechanical, industrial, business, or commercial

occupation.

(34) Beginning January 1, 2000, personal property,

including food, purchased through fundraising events for

the benefit of a public or private elementary or secondary

school, a group of those schools, or one or more school

districts if the events are sponsored by an entity

recognized by the school district that consists primarily

of volunteers and includes parents and teachers of the

school children. This paragraph does not apply to

fundraising events (i) for the benefit of private home

instruction or (ii) for which the fundraising entity

purchases the personal property sold at the events from

another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that

profits from the sale to the fundraising entity. This

paragraph is exempt from the provisions of Section 2-70.

(35) Beginning January 1, 2000 and through December 31,

2001, new or used automatic vending machines that prepare

and serve hot food and beverages, including coffee, soup,

and other items, and replacement parts for these machines.

Beginning January 1, 2002 and through June 30, 2003,

machines and parts for machines used in commercial,

coin-operated amusement and vending business if a use or

occupation tax is paid on the gross receipts derived from

the use of the commercial, coin-operated amusement and

vending machines. This paragraph is exempt from the

provisions of Section 2-70.

(35-5) Beginning August 23, 2001 and through June 30,

2016, food for human consumption that is to be consumed off

the premises where it is sold (other than alcoholic

beverages, soft drinks, and food that has been prepared for

immediate consumption) and prescription and

nonprescription medicines, drugs, medical appliances, and

insulin, urine testing materials, syringes, and needles

used by diabetics, for human use, when purchased for use by

a person receiving medical assistance under Article V of

the Illinois Public Aid Code who resides in a licensed

long-term care facility, as defined in the Nursing Home

Care Act, or a licensed facility as defined in the ID/DD

Community Care Act, the MC/DD Act, or the Specialized

Mental Health Rehabilitation Act of 2013.

(36) Beginning August 2, 2001, computers and

communications equipment utilized for any hospital purpose

and equipment used in the diagnosis, analysis, or treatment

of hospital patients sold to a lessor who leases the

equipment, under a lease of one year or longer executed or

in effect at the time of the purchase, to a hospital that

has been issued an active tax exemption identification

number by the Department under Section 1g of this Act. This

paragraph is exempt from the provisions of Section 2-70.

(37) Beginning August 2, 2001, personal property sold

to a lessor who leases the property, under a lease of one

year or longer executed or in effect at the time of the

purchase, to a governmental body that has been issued an

active tax exemption identification number by the

Department under Section 1g of this Act. This paragraph is

exempt from the provisions of Section 2-70.

(38) Beginning on January 1, 2002 and through June 30,

2016, tangible personal property purchased from an

Illinois retailer by a taxpayer engaged in centralized

purchasing activities in Illinois who will, upon receipt of

the property in Illinois, temporarily store the property in

Illinois (i) for the purpose of subsequently transporting

it outside this State for use or consumption thereafter

solely outside this State or (ii) for the purpose of being

processed, fabricated, or manufactured into, attached to,

or incorporated into other tangible personal property to be

transported outside this State and thereafter used or

consumed solely outside this State. The Director of Revenue

shall, pursuant to rules adopted in accordance with the

Illinois Administrative Procedure Act, issue a permit to

any taxpayer in good standing with the Department who is

eligible for the exemption under this paragraph (38). The

permit issued under this paragraph (38) shall authorize the

holder, to the extent and in the manner specified in the

rules adopted under this Act, to purchase tangible personal

property from a retailer exempt from the taxes imposed by

this Act. Taxpayers shall maintain all necessary books and

records to substantiate the use and consumption of all such

tangible personal property outside of the State of

Illinois.

(39) Beginning January 1, 2008, tangible personal

property used in the construction or maintenance of a

community water supply, as defined under Section 3.145 of

the Environmental Protection Act, that is operated by a

not-for-profit corporation that holds a valid water supply

permit issued under Title IV of the Environmental

Protection Act. This paragraph is exempt from the

provisions of Section 2-70.

(40) Beginning January 1, 2010, materials, parts,

equipment, components, and furnishings incorporated into

or upon an aircraft as part of the modification,

refurbishment, completion, replacement, repair, or

maintenance of the aircraft. This exemption includes

consumable supplies used in the modification,

refurbishment, completion, replacement, repair, and

maintenance of aircraft, but excludes any materials,

parts, equipment, components, and consumable supplies used

in the modification, replacement, repair, and maintenance

of aircraft engines or power plants, whether such engines

or power plants are installed or uninstalled upon any such

aircraft. "Consumable supplies" include, but are not

limited to, adhesive, tape, sandpaper, general purpose

lubricants, cleaning solution, latex gloves, and

protective films. This exemption applies only to the sale

of qualifying tangible personal property to persons who

modify, refurbish, complete, replace, or maintain an

aircraft and who (i) hold an Air Agency Certificate and are

empowered to operate an approved repair station by the

Federal Aviation Administration, (ii) have a Class IV

Rating, and (iii) conduct operations in accordance with

Part 145 of the Federal Aviation Regulations. The exemption

does not include aircraft operated by a commercial air

carrier providing scheduled passenger air service pursuant

to authority issued under Part 121 or Part 129 of the

Federal Aviation Regulations. The changes made to this

paragraph (40) by Public Act 98-534 are declarative of

existing law.

(41) Tangible personal property sold to a

public-facilities corporation, as described in Section

11-65-10 of the Illinois Municipal Code, for purposes of

constructing or furnishing a municipal convention hall,

but only if the legal title to the municipal convention

hall is transferred to the municipality without any further

consideration by or on behalf of the municipality at the

time of the completion of the municipal convention hall or

upon the retirement or redemption of any bonds or other

debt instruments issued by the public-facilities

corporation in connection with the development of the

municipal convention hall. This exemption includes

existing public-facilities corporations as provided in

Section 11-65-25 of the Illinois Municipal Code. This

paragraph is exempt from the provisions of Section 2-70.

(42) Beginning January 1, 2017, menstrual pads,

tampons, and menstrual cups.

(43) Merchandise that is subject to the Rental Purchase

Agreement Occupation and Use Tax. The purchaser must

certify that the item is purchased to be rented subject to

a rental purchase agreement, as defined in the Rental

Purchase Agreement Act, and provide proof of registration

under the Rental Purchase Agreement Occupation and Use Tax

Act. This paragraph is exempt from the provisions of

Section 2-70.

(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;

100-22, eff. 7-6-17; 100-321, eff. 8-24-17; 100-437, eff.

1-1-18; 100-594, eff. 6-29-18; 100-863, eff. 8-14-18;

100-1171, eff. 1-4-19; revised 1-8-19.)

Section 305. The Property Tax Code is amended by changing

Sections 10-745, 21-245, and 21-385 as follows:

(35 ILCS 200/10-745)

Sec. 10-745. Real estate taxes. Notwithstanding the

provisions of Section 9-175 of this Code, the owner of the

commercial solar energy system shall be liable for the real

estate taxes for the land and real property improvements of a

ground installed commercial solar energy system.

Notwithstanding the foregoing forgoing, the owner of the land

upon which a commercial solar energy system is installed may

pay any unpaid tax of the commercial solar energy system parcel

prior to the initiation of any tax sale proceedings.

(Source: P.A. 100-781, eff. 8-10-18; revised 10-3-18.)

(35 ILCS 200/21-245)

Sec. 21-245. Automation fee. In all counties, each person

purchasing any property at a sale under this Code, shall pay to

the county collector, prior to the issuance of any tax

certificate, an automation fee set by the county collector of

not more than $10 for each item purchased. A like sum shall be

paid for each year that all or a portion of the subsequent

taxes are paid by a tax purchaser and posted to the tax

judgment, sale, redemption and forfeiture record where the

underlying certificate is recorded. In counties with less than

3,000,000 inhabitants:

(a) The fee shall be paid at the time of the purchase

if the record keeping system used for processing the

delinquent property tax sales is automated or has been

approved for automation by the county board. The fee shall

be collected in the same manner as other fees or costs.

(b) Fees collected under this Section shall be retained

by the county treasurer in a fund designated as the Tax

Sale Automation Fund. The fund shall be audited by the

county auditor. The county board, with the approval of the

county treasurer, shall make expenditures from the fund (1)

to pay any costs related to the automation of property tax

collections and delinquent property tax sales, including

the cost of hardware, software, research and development,

and personnel and (2) to defray the cost of providing

electronic access to property tax collection records and

delinquent tax sale records.

(Source: P.A. 100-1070, eff. 1-1-19; revised 10-3-18.)

(35 ILCS 200/21-385)

Sec. 21-385. Extension of period of redemption. The

purchaser or his or her assignee of property sold for

nonpayment of general taxes or special assessments may extend

the period of redemption at any time before the expiration of

the original period of redemption, or thereafter prior to the

expiration of any extended period of redemption, for a period

which will expire not later than 3 years from the date of sale,

by filing with the county clerk of the county in which the

property is located a written notice to that effect describing

the property, stating the date of the sale and specifying the

extended period of redemption. Upon receiving the notice, the

county clerk shall stamp the date of receipt upon the notice.

If the notice is submitted as an electronic record, the county

clerk shall acknowledge receipt of the record and shall provide

confirmation in the same manner to the certificate holder. The

confirmation from the county clerk shall include the date of

receipt and shall serve as proof that the notice was filed with

the county clerk. The county clerk shall not be required to

extend the period of redemption unless the purchaser or his or

her assignee obtains this acknowledgement of delivery. If prior

to the expiration of the period of redemption or extended

period of redemption a petition for tax deed has been filed

under Section 22-30, upon application of the petitioner, the

court shall allow the purchaser or his or her assignee to

extend the period of redemption after expiration of the

original period or any extended period of redemption, provided

that any extension allowed will expire not later than 3 years

from the date of sale, unless the certificate has been assigned

to the county collector by order of the court which ordered the

property sold, in which case the period of redemption shall be

extended for such period as may be designated by the holder of

the certificate, such period not to exceed 36 months from the

date of the assignment to the collector. If the period of

redemption is extended, the purchaser or his or her assignee

must give the notices provided for in Section 22-10 at the

specified times prior to the expiration of the extended period

of redemption by causing a sheriff (or if he or she is

disqualified, a coroner) of the county in which the property,

or any part thereof, is located to serve the notices as

provided in Sections 22-15 and 22-20. The notices may also be

served as provided in Sections 22-15 and 22-20 by a special

process server appointed by the court under Section 22-15.

(Source: P.A. 100-890, eff. 1-1-19; 100-975, eff. 8-19-18;

revised 10-2-18.)

Section 310. The Illinois Pension Code is amended by

changing Sections 1-162, 14-152.1, 15-107, 15-155, 15-198,

16-158, and 16-203 as follows:

(40 ILCS 5/1-162)

Sec. 1-162. Optional benefits for certain Tier 2 members of

pension funds under Articles 8, 9, 10, 11, 12, and 17.

(a) As used in this Section:

"Affected pension fund" means a pension fund established

under Article 8, 9, 10, 11, 12, or 17 that the governing body

of the unit of local government has designated as an affected

pension fund by adoption of a resolution or ordinance.

"Resolution or ordinance date" means the date on which the

governing body of the unit of local government designates a

pension fund under Article 8, 9, 10, 11, 12, or 17 as an

affected pension fund by adoption of a resolution or ordinance

or July 1, 2018, whichever is later.

(b) Notwithstanding any other provision of this Code to the

contrary, the provisions of this Section apply to a person who

first becomes a member or a participant in an affected pension

fund on or after 6 months after the resolution or ordinance

date and who does not make the election under subsection (c).

(c) In lieu of the benefits provided under this Section, a

member or participant may irrevocably elect the benefits under

Section 1-160 and the benefits otherwise applicable to that

member or participant. The election must be made within 30 days

after becoming a member or participant. Each affected pension

fund shall establish procedures for making this election.

(d) "Final average salary" means the average monthly (or

annual) salary obtained by dividing the total salary or

earnings calculated under the Article applicable to the member

or participant during the last 120 months (or 10 years) of

service in which the total salary or earnings calculated under

the applicable Article was the highest by the number of months

(or years) of service in that period. For the purposes of a

person who first becomes a member or participant of an affected

pension fund on or after 6 months after the ordinance or

resolution date, in this Code, "final average salary" shall be

substituted for the following:

(1) In Articles 8, 9, 10, 11, and 12, "highest average

annual salary for any 4 consecutive years within the last

10 years of service immediately preceding the date of

withdrawal".

(2) In Article 17, "average salary".

(e) Beginning 6 months after the resolution or ordinance

date, for all purposes under this Code (including without

limitation the calculation of benefits and employee

contributions), the annual earnings, salary, or wages (based on

the plan year) of a member or participant to whom this Section

applies shall not at any time exceed the federal Social

Security Wage Base then in effect.

(f) A member or participant is entitled to a retirement

annuity upon written application if he or she has attained the

normal retirement age determined by the Social Security

Administration for that member or participant's year of birth,

but no earlier than 67 years of age, and has at least 10 years

of service credit and is otherwise eligible under the

requirements of the applicable Article.

(g) The amount of the retirement annuity to which a member

or participant is entitled shall be computed by multiplying

1.25% for each year of service credit by his or her final

average salary.

(h) Any retirement annuity or supplemental annuity shall be

subject to annual increases on the first anniversary of the

annuity start date. Each annual increase shall be one-half the

annual unadjusted percentage increase (but not less than zero)

in the consumer price index-w for the 12 months ending with the

September preceding each November 1 of the originally granted

retirement annuity. If the annual unadjusted percentage change

in the consumer price index-w for the 12 months ending with the

September preceding each November 1 is zero or there is a

decrease, then the annuity shall not be increased.

For the purposes of this Section, "consumer price index-w"

means the index published by the Bureau of Labor Statistics of

the United States Department of Labor that measures the average

change in prices of goods and services purchased by Urban Wage

Earners and Clerical Workers, United States city average, all

items, 1982-84 = 100. The new amount resulting from each annual

adjustment shall be determined by the Public Pension Division

of the Department of Insurance and made available to the boards

of the retirement systems and pension funds by November 1 of

each year.

(i) The initial survivor's or widow's annuity of an

otherwise eligible survivor or widow of a retired member or

participant who first became a member or participant on or

after 6 months after the resolution or ordinance date shall be

in the amount of 66 2/3% of the retired member's or

participant's retirement annuity at the date of death. In the

case of the death of a member or participant who has not

retired and who first became a member or participant on or

after 6 months after the resolution or ordinance date,

eligibility for a survivor's or widow's annuity shall be

determined by the applicable Article of this Code. The benefit

shall be 66 2/3% of the earned annuity without a reduction due

to age. A child's annuity of an otherwise eligible child shall

be in the amount prescribed under each Article if applicable.

(j) In lieu of any other employee contributions, except for

the contribution to the defined contribution plan under

subsection (k) of this Section, each employee shall contribute

6.2% of his or her or salary to the affected pension fund.

However, the employee contribution under this subsection shall

not exceed the amount of the normal cost of the benefits under

this Section (except for the defined contribution plan under

subsection (k) of this Section), expressed as a percentage of

payroll and determined on or before November 1 of each year by

the board of trustees of the affected pension fund. If the

board of trustees of the affected pension fund determines that

the 6.2% employee contribution rate exceeds the normal cost of

the benefits under this Section (except for the defined

contribution plan under subsection (k) of this Section), then

on or before December 1 of that year, the board of trustees

shall certify the amount of the normal cost of the benefits

under this Section (except for the defined contribution plan

under subsection (k) of this Section), expressed as a

percentage of payroll, to the State Actuary and the Commission

on Government Forecasting and Accountability, and the employee

contribution under this subsection shall be reduced to that

amount beginning January 1 of the following year. Thereafter,

if the normal cost of the benefits under this Section (except

for the defined contribution plan under subsection (k) of this

Section), expressed as a percentage of payroll and determined

on or before November 1 of each year by the board of trustees

of the affected pension fund, exceeds 6.2% of salary, then on

or before December 1 of that year, the board of trustees shall

certify the normal cost to the State Actuary and the Commission

on Government Forecasting and Accountability, and the employee

contributions shall revert back to 6.2% of salary beginning

January 1 of the following year.

(k) No later than 5 months after the resolution or

ordinance date, an affected pension fund shall prepare and

implement a defined contribution plan for members or

participants who are subject to this Section. The defined

contribution plan developed under this subsection shall be a

plan that aggregates employer and employee contributions in

individual participant accounts which, after meeting any other

requirements, are used for payouts after retirement in

accordance with this subsection and any other applicable laws.

(1) Each member or participant shall contribute a

minimum of 4% of his or her salary to the defined

contribution plan.

(2) For each participant in the defined contribution

plan who has been employed with the same employer for at

least one year, employer contributions shall be paid into

that participant's accounts at a rate expressed as a

percentage of salary. This rate may be set for individual

employees, but shall be no higher than 6% of salary and

shall be no lower than 2% of salary.

(3) Employer contributions shall vest when those

contributions are paid into a member's or participant's

account.

(4) The defined contribution plan shall provide a

variety of options for investments. These options shall

include investments handled by the Illinois State Board of

Investment as well as private sector investment options.

(5) The defined contribution plan shall provide a

variety of options for payouts to retirees and their

survivors.

(6) To the extent authorized under federal law and as

authorized by the affected pension fund, the defined

contribution plan shall allow former participants in the

plan to transfer or roll over employee and employer

contributions, and the earnings thereon, into other

qualified retirement plans.

(7) Each affected pension fund shall reduce the

employee contributions credited to the member's defined

contribution plan account by an amount determined by that

affected pension fund to cover the cost of offering the

benefits under this subsection and any applicable

administrative fees.

(8) No person shall begin participating in the defined

contribution plan until it has attained qualified plan

status and received all necessary approvals from the U.S.

Internal Revenue Service.

(l) In the case of a conflict between the provisions of

this Section and any other provision of this Code, the

provisions of this Section shall control.

(Source: P.A. 100-23, eff. 7-6-17; revised 9-27-18.)

(40 ILCS 5/14-152.1)

Sec. 14-152.1. Application and expiration of new benefit

increases.

(a) As used in this Section, "new benefit increase" means

an increase in the amount of any benefit provided under this

Article, or an expansion of the conditions of eligibility for

any benefit under this Article, that results from an amendment

to this Code that takes effect after June 1, 2005 (the

effective date of Public Act 94-4). "New benefit increase",

however, does not include any benefit increase resulting from

the changes made to Article 1 or this Article by Public Act

96-37, Public Act 100-23, Public Act 100-587, or Public Act

100-611 or this amendatory Act of the 100th General Assembly.

(b) Notwithstanding any other provision of this Code or any

subsequent amendment to this Code, every new benefit increase

is subject to this Section and shall be deemed to be granted

only in conformance with and contingent upon compliance with

the provisions of this Section.

(c) The Public Act enacting a new benefit increase must

identify and provide for payment to the System of additional

funding at least sufficient to fund the resulting annual

increase in cost to the System as it accrues.

Every new benefit increase is contingent upon the General

Assembly providing the additional funding required under this

subsection. The Commission on Government Forecasting and

Accountability shall analyze whether adequate additional

funding has been provided for the new benefit increase and

shall report its analysis to the Public Pension Division of the

Department of Insurance. A new benefit increase created by a

Public Act that does not include the additional funding

required under this subsection is null and void. If the Public

Pension Division determines that the additional funding

provided for a new benefit increase under this subsection is or

has become inadequate, it may so certify to the Governor and

the State Comptroller and, in the absence of corrective action

by the General Assembly, the new benefit increase shall expire

at the end of the fiscal year in which the certification is

made.

(d) Every new benefit increase shall expire 5 years after

its effective date or on such earlier date as may be specified

in the language enacting the new benefit increase or provided

under subsection (c). This does not prevent the General

Assembly from extending or re-creating a new benefit increase

by law.

(e) Except as otherwise provided in the language creating

the new benefit increase, a new benefit increase that expires

under this Section continues to apply to persons who applied

and qualified for the affected benefit while the new benefit

increase was in effect and to the affected beneficiaries and

alternate payees of such persons, but does not apply to any

other person, including without limitation a person who

continues in service after the expiration date and did not

apply and qualify for the affected benefit while the new

benefit increase was in effect.

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

100-611, eff. 7-20-18; revised 7-25-18.)

(40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)

Sec. 15-107. Employee.

(a) "Employee" means any member of the educational,

administrative, secretarial, clerical, mechanical, labor or

other staff of an employer whose employment is permanent and

continuous or who is employed in a position in which services

are expected to be rendered on a continuous basis for at least

4 months or one academic term, whichever is less, who (A)

receives payment for personal services on a warrant issued

pursuant to a payroll voucher certified by an employer and

drawn by the State Comptroller upon the State Treasurer or by

an employer upon trust, federal or other funds, or (B) is on a

leave of absence without pay. Employment which is irregular,

intermittent or temporary shall not be considered continuous

for purposes of this paragraph.

However, a person is not an "employee" if he or she:

(1) is a student enrolled in and regularly attending

classes in a college or university which is an employer,

and is employed on a temporary basis at less than full

time;

(2) is currently receiving a retirement annuity or a

disability retirement annuity under Section 15-153.2 from

this System;

(3) is on a military leave of absence;

(4) is eligible to participate in the Federal Civil

Service Retirement System and is currently making

contributions to that system based upon earnings paid by an

employer;

(5) is on leave of absence without pay for more than 60

days immediately following termination of disability

benefits under this Article;

(6) is hired after June 30, 1979 as a public service

employment program participant under the Federal

Comprehensive Employment and Training Act and receives

earnings in whole or in part from funds provided under that

Act; or

(7) is employed on or after July 1, 1991 to perform

services that are excluded by subdivision (a)(7)(f) or

(a)(19) of Section 210 of the federal Social Security Act

from the definition of employment given in that Section (42

U.S.C. 410).

(b) Any employer may, by filing a written notice with the

board, exclude from the definition of "employee" all persons

employed pursuant to a federally funded contract entered into

after July 1, 1982 with a federal military department in a

program providing training in military courses to federal

military personnel on a military site owned by the United

States Government, if this exclusion is not prohibited by the

federally funded contract or federal laws or rules governing

the administration of the contract.

(c) Any person appointed by the Governor under the Civil

Administrative Code of Illinois the State is an employee, if he

or she is a participant in this system on the effective date of

the appointment.

(d) A participant on lay-off status under civil service

rules is considered an employee for not more than 120 days from

the date of the lay-off.

(e) A participant is considered an employee during (1) the

first 60 days of disability leave, (2) the period, not to

exceed one year, in which his or her eligibility for disability

benefits is being considered by the board or reviewed by the

courts, and (3) the period he or she receives disability

benefits under the provisions of Section 15-152, workers'

compensation or occupational disease benefits, or disability

income under an insurance contract financed wholly or partially

by the employer.

(f) Absences without pay, other than formal leaves of

absence, of less than 30 calendar days, are not considered as

an interruption of a person's status as an employee. If such

absences during any period of 12 months exceed 30 work days,

the employee status of the person is considered as interrupted

as of the 31st work day.

(g) A staff member whose employment contract requires

services during an academic term is to be considered an

employee during the summer and other vacation periods, unless

he or she declines an employment contract for the succeeding

academic term or his or her employment status is otherwise

terminated, and he or she receives no earnings during these

periods.

(h) An individual who was a participating employee employed

in the fire department of the University of Illinois's

Champaign-Urbana campus immediately prior to the elimination

of that fire department and who immediately after the

elimination of that fire department became employed by the fire

department of the City of Urbana or the City of Champaign shall

continue to be considered as an employee for purposes of this

Article for so long as the individual remains employed as a

firefighter by the City of Urbana or the City of Champaign. The

individual shall cease to be considered an employee under this

subsection (h) upon the first termination of the individual's

employment as a firefighter by the City of Urbana or the City

of Champaign.

(i) An individual who is employed on a full-time basis as

an officer or employee of a statewide teacher organization that

serves System participants or an officer of a national teacher

organization that serves System participants may participate

in the System and shall be deemed an employee, provided that

(1) the individual has previously earned creditable service

under this Article, (2) the individual files with the System an

irrevocable election to become a participant before January 5,

2012 (the effective date of Public Act 97-651) this amendatory

Act of the 97th General Assembly, (3) the individual does not

receive credit for that employment under any other Article of

this Code, and (4) the individual first became a full-time

employee of the teacher organization and becomes a participant

before January 5, 2012 (the effective date of Public Act

97-651) this amendatory Act of the 97th General Assembly. An

employee under this subsection (i) is responsible for paying to

the System both (A) employee contributions based on the actual

compensation received for service with the teacher

organization and (B) employer contributions equal to the normal

costs (as defined in Section 15-155) resulting from that

service; all or any part of these contributions may be paid on

the employee's behalf or picked up for tax purposes (if

authorized under federal law) by the teacher organization.

A person who is an employee as defined in this subsection

(i) may establish service credit for similar employment prior

to becoming an employee under this subsection by paying to the

System for that employment the contributions specified in this

subsection, plus interest at the effective rate from the date

of service to the date of payment. However, credit shall not be

granted under this subsection for any such prior employment for

which the applicant received credit under any other provision

of this Code, or during which the applicant was on a leave of

absence under Section 15-113.2.

(j) A person employed by the State Board of Higher

Education in a position with the Illinois Century Network as of

June 30, 2004 shall be considered to be an employee for so long

as he or she remains continuously employed after that date by

the Department of Central Management Services in a position

with the Illinois Century Network, the Bureau of Communication

and Computer Services, or, if applicable, any successor bureau

and meets the requirements of subsection (a).

(k) The Board shall promulgate rules with respect to

determining whether any person is an employee within the

meaning of this Section. In the case of doubt as to whether any

person is an employee within the meaning of this Section or any

rule adopted by the Board, the decision of the Board shall be

final.

(Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17; revised

9-27-18.)

(40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)

Sec. 15-155. Employer contributions.

(a) The State of Illinois shall make contributions by

appropriations of amounts which, together with the other

employer contributions from trust, federal, and other funds,

employee contributions, income from investments, and other

income of this System, will be sufficient to meet the cost of

maintaining and administering the System on a 90% funded basis

in accordance with actuarial recommendations.

The Board shall determine the amount of State contributions

required for each fiscal year on the basis of the actuarial

tables and other assumptions adopted by the Board and the

recommendations of the actuary, using the formula in subsection

(a-1).

(a-1) For State fiscal years 2012 through 2045, the minimum

contribution to the System to be made by the State for each

fiscal year shall be an amount determined by the System to be

sufficient to bring the total assets of the System up to 90% of

the total actuarial liabilities of the System by the end of

State fiscal year 2045. In making these determinations, the

required State contribution shall be calculated each year as a

level percentage of payroll over the years remaining to and

including fiscal year 2045 and shall be determined under the

projected unit credit actuarial cost method.

For each of State fiscal years 2018, 2019, and 2020, the

State shall make an additional contribution to the System equal

to 2% of the total payroll of each employee who is deemed to

have elected the benefits under Section 1-161 or who has made

the election under subsection (c) of Section 1-161.

A change in an actuarial or investment assumption that

increases or decreases the required State contribution and

first applies in State fiscal year 2018 or thereafter shall be

implemented in equal annual amounts over a 5-year period

beginning in the State fiscal year in which the actuarial

change first applies to the required State contribution.

A change in an actuarial or investment assumption that

increases or decreases the required State contribution and

first applied to the State contribution in fiscal year 2014,

2015, 2016, or 2017 shall be implemented:

(i) as already applied in State fiscal years before

2018; and

(ii) in the portion of the 5-year period beginning in

the State fiscal year in which the actuarial change first

applied that occurs in State fiscal year 2018 or

thereafter, by calculating the change in equal annual

amounts over that 5-year period and then implementing it at

the resulting annual rate in each of the remaining fiscal

years in that 5-year period.

For State fiscal years 1996 through 2005, the State

contribution to the System, as a percentage of the applicable

employee payroll, shall be increased in equal annual increments

so that by State fiscal year 2011, the State is contributing at

the rate required under this Section.

Notwithstanding any other provision of this Article, the

total required State contribution for State fiscal year 2006 is

$166,641,900.

Notwithstanding any other provision of this Article, the

total required State contribution for State fiscal year 2007 is

$252,064,100.

For each of State fiscal years 2008 through 2009, the State

contribution to the System, as a percentage of the applicable

employee payroll, shall be increased in equal annual increments

from the required State contribution for State fiscal year

2007, so that by State fiscal year 2011, the State is

contributing at the rate otherwise required under this Section.

Notwithstanding any other provision of this Article, the

total required State contribution for State fiscal year 2010 is

$702,514,000 and shall be made from the State Pensions Fund and

proceeds of bonds sold in fiscal year 2010 pursuant to Section

7.2 of the General Obligation Bond Act, less (i) the pro rata

share of bond sale expenses determined by the System's share of

total bond proceeds, (ii) any amounts received from the General

Revenue Fund in fiscal year 2010, (iii) any reduction in bond

proceeds due to the issuance of discounted bonds, if

applicable.

Notwithstanding any other provision of this Article, the

total required State contribution for State fiscal year 2011 is

the amount recertified by the System on or before April 1, 2011

pursuant to Section 15-165 and shall be made from the State

Pensions Fund and proceeds of bonds sold in fiscal year 2011

pursuant to Section 7.2 of the General Obligation Bond Act,

less (i) the pro rata share of bond sale expenses determined by

the System's share of total bond proceeds, (ii) any amounts

received from the General Revenue Fund in fiscal year 2011, and

(iii) any reduction in bond proceeds due to the issuance of

discounted bonds, if applicable.

Beginning in State fiscal year 2046, the minimum State

contribution for each fiscal year shall be the amount needed to

maintain the total assets of the System at 90% of the total

actuarial liabilities of the System.

Amounts received by the System pursuant to Section 25 of

the Budget Stabilization Act or Section 8.12 of the State

Finance Act in any fiscal year do not reduce and do not

constitute payment of any portion of the minimum State

contribution required under this Article in that fiscal year.

Such amounts shall not reduce, and shall not be included in the

calculation of, the required State contributions under this

Article in any future year until the System has reached a

funding ratio of at least 90%. A reference in this Article to

the "required State contribution" or any substantially similar

term does not include or apply to any amounts payable to the

System under Section 25 of the Budget Stabilization Act.

Notwithstanding any other provision of this Section, the

required State contribution for State fiscal year 2005 and for

fiscal year 2008 and each fiscal year thereafter, as calculated

under this Section and certified under Section 15-165, shall

not exceed an amount equal to (i) the amount of the required

State contribution that would have been calculated under this

Section for that fiscal year if the System had not received any

payments under subsection (d) of Section 7.2 of the General

Obligation Bond Act, minus (ii) the portion of the State's

total debt service payments for that fiscal year on the bonds

issued in fiscal year 2003 for the purposes of that Section

7.2, as determined and certified by the Comptroller, that is

the same as the System's portion of the total moneys

distributed under subsection (d) of Section 7.2 of the General

Obligation Bond Act. In determining this maximum for State

fiscal years 2008 through 2010, however, the amount referred to

in item (i) shall be increased, as a percentage of the

applicable employee payroll, in equal increments calculated

from the sum of the required State contribution for State

fiscal year 2007 plus the applicable portion of the State's

total debt service payments for fiscal year 2007 on the bonds

issued in fiscal year 2003 for the purposes of Section 7.2 of

the General Obligation Bond Act, so that, by State fiscal year

2011, the State is contributing at the rate otherwise required

under this Section.

(a-2) Beginning in fiscal year 2018, each employer under

this Article shall pay to the System a required contribution

determined as a percentage of projected payroll and sufficient

to produce an annual amount equal to:

(i) for each of fiscal years 2018, 2019, and 2020, the

defined benefit normal cost of the defined benefit plan,

less the employee contribution, for each employee of that

employer who has elected or who is deemed to have elected

the benefits under Section 1-161 or who has made the

election under subsection (c) of Section 1-161; for fiscal

year 2021 and each fiscal year thereafter, the defined

benefit normal cost of the defined benefit plan, less the

employee contribution, plus 2%, for each employee of that

employer who has elected or who is deemed to have elected

the benefits under Section 1-161 or who has made the

election under subsection (c) of Section 1-161; plus

(ii) the amount required for that fiscal year to

amortize any unfunded actuarial accrued liability

associated with the present value of liabilities

attributable to the employer's account under Section

15-155.2, determined as a level percentage of payroll over

a 30-year rolling amortization period.

In determining contributions required under item (i) of

this subsection, the System shall determine an aggregate rate

for all employers, expressed as a percentage of projected

payroll.

In determining the contributions required under item (ii)

of this subsection, the amount shall be computed by the System

on the basis of the actuarial assumptions and tables used in

the most recent actuarial valuation of the System that is

available at the time of the computation.

The contributions required under this subsection (a-2)

shall be paid by an employer concurrently with that employer's

payroll payment period. The State, as the actual employer of an

employee, shall make the required contributions under this

subsection.

As used in this subsection, "academic year" means the

12-month period beginning September 1.

(b) If an employee is paid from trust or federal funds, the

employer shall pay to the Board contributions from those funds

which are sufficient to cover the accruing normal costs on

behalf of the employee. However, universities having employees

who are compensated out of local auxiliary funds, income funds,

or service enterprise funds are not required to pay such

contributions on behalf of those employees. The local auxiliary

funds, income funds, and service enterprise funds of

universities shall not be considered trust funds for the

purpose of this Article, but funds of alumni associations,

foundations, and athletic associations which are affiliated

with the universities included as employers under this Article

and other employers which do not receive State appropriations

are considered to be trust funds for the purpose of this

Article.

(b-1) The City of Urbana and the City of Champaign shall

each make employer contributions to this System for their

respective firefighter employees who participate in this

System pursuant to subsection (h) of Section 15-107. The rate

of contributions to be made by those municipalities shall be

determined annually by the Board on the basis of the actuarial

assumptions adopted by the Board and the recommendations of the

actuary, and shall be expressed as a percentage of salary for

each such employee. The Board shall certify the rate to the

affected municipalities as soon as may be practical. The

employer contributions required under this subsection shall be

remitted by the municipality to the System at the same time and

in the same manner as employee contributions.

(c) Through State fiscal year 1995: The total employer

contribution shall be apportioned among the various funds of

the State and other employers, whether trust, federal, or other

funds, in accordance with actuarial procedures approved by the

Board. State of Illinois contributions for employers receiving

State appropriations for personal services shall be payable

from appropriations made to the employers or to the System. The

contributions for Class I community colleges covering earnings

other than those paid from trust and federal funds, shall be

payable solely from appropriations to the Illinois Community

College Board or the System for employer contributions.

(d) Beginning in State fiscal year 1996, the required State

contributions to the System shall be appropriated directly to

the System and shall be payable through vouchers issued in

accordance with subsection (c) of Section 15-165, except as

provided in subsection (g).

(e) The State Comptroller shall draw warrants payable to

the System upon proper certification by the System or by the

employer in accordance with the appropriation laws and this

Code.

(f) Normal costs under this Section means liability for

pensions and other benefits which accrues to the System because

of the credits earned for service rendered by the participants

during the fiscal year and expenses of administering the

System, but shall not include the principal of or any

redemption premium or interest on any bonds issued by the Board

or any expenses incurred or deposits required in connection

therewith.

(g) For academic years beginning on or after June 1, 2005

and before July 1, 2018 and for earnings paid to a participant

under a contract or collective bargaining agreement entered

into, amended, or renewed before June 4, 2018 (the effective

date of Public Act 100-587) this amendatory Act of the 100th

General Assembly, if the amount of a participant's earnings for

any academic year used to determine the final rate of earnings,

determined on a full-time equivalent basis, exceeds the amount

of his or her earnings with the same employer for the previous

academic year, determined on a full-time equivalent basis, by

more than 6%, the participant's employer shall pay to the

System, in addition to all other payments required under this

Section and in accordance with guidelines established by the

System, the present value of the increase in benefits resulting

from the portion of the increase in earnings that is in excess

of 6%. This present value shall be computed by the System on

the basis of the actuarial assumptions and tables used in the

most recent actuarial valuation of the System that is available

at the time of the computation. The System may require the

employer to provide any pertinent information or

documentation.

Whenever it determines that a payment is or may be required

under this subsection (g), the System shall calculate the

amount of the payment and bill the employer for that amount.

The bill shall specify the calculations used to determine the

amount due. If the employer disputes the amount of the bill, it

may, within 30 days after receipt of the bill, apply to the

System in writing for a recalculation. The application must

specify in detail the grounds of the dispute and, if the

employer asserts that the calculation is subject to subsection

(h) or (i) of this Section or that subsection (g-1) applies,

must include an affidavit setting forth and attesting to all

facts within the employer's knowledge that are pertinent to the

applicability of that subsection. Upon receiving a timely

application for recalculation, the System shall review the

application and, if appropriate, recalculate the amount due.

The employer contributions required under this subsection

(g) may be paid in the form of a lump sum within 90 days after

receipt of the bill. If the employer contributions are not paid

within 90 days after receipt of the bill, then interest will be

charged at a rate equal to the System's annual actuarially

assumed rate of return on investment compounded annually from

the 91st day after receipt of the bill. Payments must be

concluded within 3 years after the employer's receipt of the

bill.

When assessing payment for any amount due under this

subsection (g), the System shall include earnings, to the

extent not established by a participant under Section 15-113.11

or 15-113.12, that would have been paid to the participant had

the participant not taken (i) periods of voluntary or

involuntary furlough occurring on or after July 1, 2015 and on

or before June 30, 2017 or (ii) periods of voluntary pay

reduction in lieu of furlough occurring on or after July 1,

2015 and on or before June 30, 2017. Determining earnings that

would have been paid to a participant had the participant not

taken periods of voluntary or involuntary furlough or periods

of voluntary pay reduction shall be the responsibility of the

employer, and shall be reported in a manner prescribed by the

System.

This subsection (g) does not apply to (1) Tier 2 hybrid

plan members and (2) Tier 2 defined benefit members who first

participate under this Article on or after the implementation

date of the Optional Hybrid Plan.

(g-1) For academic years beginning on or after July 1, 2018

and for earnings paid to a participant under a contract or

collective bargaining agreement entered into, amended, or

renewed on or after June 4, 2018 (the effective date of Public

Act 100-587) this amendatory Act of the 100th General Assembly,

if the amount of a participant's earnings for any academic year

used to determine the final rate of earnings, determined on a

full-time equivalent basis, exceeds the amount of his or her

earnings with the same employer for the previous academic year,

determined on a full-time equivalent basis, by more than 3%,

then the participant's employer shall pay to the System, in

addition to all other payments required under this Section and

in accordance with guidelines established by the System, the

present value of the increase in benefits resulting from the

portion of the increase in earnings that is in excess of 3%.

This present value shall be computed by the System on the basis

of the actuarial assumptions and tables used in the most recent

actuarial valuation of the System that is available at the time

of the computation. The System may require the employer to

provide any pertinent information or documentation.

Whenever it determines that a payment is or may be required

under this subsection (g-1), the System shall calculate the

amount of the payment and bill the employer for that amount.

The bill shall specify the calculations used to determine the

amount due. If the employer disputes the amount of the bill, it

may, within 30 days after receipt of the bill, apply to the

System in writing for a recalculation. The application must

specify in detail the grounds of the dispute and, if the

employer asserts that subsection (g) of this Section applies,

must include an affidavit setting forth and attesting to all

facts within the employer's knowledge that are pertinent to the

applicability of subsection (g). Upon receiving a timely

application for recalculation, the System shall review the

application and, if appropriate, recalculate the amount due.

The employer contributions required under this subsection

(g-1) may be paid in the form of a lump sum within 90 days after

receipt of the bill. If the employer contributions are not paid

within 90 days after receipt of the bill, then interest shall

be charged at a rate equal to the System's annual actuarially

assumed rate of return on investment compounded annually from

the 91st day after receipt of the bill. Payments must be

concluded within 3 years after the employer's receipt of the

bill.

This subsection (g-1) does not apply to (1) Tier 2 hybrid

plan members and (2) Tier 2 defined benefit members who first

participate under this Article on or after the implementation

date of the Optional Hybrid Plan.

(h) This subsection (h) applies only to payments made or

salary increases given on or after June 1, 2005 but before July

1, 2011. The changes made by Public Act 94-1057 shall not

require the System to refund any payments received before July

31, 2006 (the effective date of Public Act 94-1057).

When assessing payment for any amount due under subsection

(g), the System shall exclude earnings increases paid to

participants under contracts or collective bargaining

agreements entered into, amended, or renewed before June 1,

2005.

When assessing payment for any amount due under subsection

(g), the System shall exclude earnings increases paid to a

participant at a time when the participant is 10 or more years

from retirement eligibility under Section 15-135.

When assessing payment for any amount due under subsection

(g), the System shall exclude earnings increases resulting from

overload work, including a contract for summer teaching, or

overtime when the employer has certified to the System, and the

System has approved the certification, that: (i) in the case of

overloads (A) the overload work is for the sole purpose of

academic instruction in excess of the standard number of

instruction hours for a full-time employee occurring during the

academic year that the overload is paid and (B) the earnings

increases are equal to or less than the rate of pay for

academic instruction computed using the participant's current

salary rate and work schedule; and (ii) in the case of

overtime, the overtime was necessary for the educational

mission.

When assessing payment for any amount due under subsection

(g), the System shall exclude any earnings increase resulting

from (i) a promotion for which the employee moves from one

classification to a higher classification under the State

Universities Civil Service System, (ii) a promotion in academic

rank for a tenured or tenure-track faculty position, or (iii) a

promotion that the Illinois Community College Board has

recommended in accordance with subsection (k) of this Section.

These earnings increases shall be excluded only if the

promotion is to a position that has existed and been filled by

a member for no less than one complete academic year and the

earnings increase as a result of the promotion is an increase

that results in an amount no greater than the average salary

paid for other similar positions.

(i) When assessing payment for any amount due under

subsection (g), the System shall exclude any salary increase

described in subsection (h) of this Section given on or after

July 1, 2011 but before July 1, 2014 under a contract or

collective bargaining agreement entered into, amended, or

renewed on or after June 1, 2005 but before July 1, 2011.

Notwithstanding any other provision of this Section, any

payments made or salary increases given after June 30, 2014

shall be used in assessing payment for any amount due under

subsection (g) of this Section.

(j) The System shall prepare a report and file copies of

the report with the Governor and the General Assembly by

January 1, 2007 that contains all of the following information:

(1) The number of recalculations required by the

changes made to this Section by Public Act 94-1057 for each

employer.

(2) The dollar amount by which each employer's

contribution to the System was changed due to

recalculations required by Public Act 94-1057.

(3) The total amount the System received from each

employer as a result of the changes made to this Section by

Public Act 94-4.

(4) The increase in the required State contribution

resulting from the changes made to this Section by Public

Act 94-1057.

(j-5) For State fiscal years beginning on or after July 1,

2017, if the amount of a participant's earnings for any State

fiscal year exceeds the amount of the salary set by law for the

Governor that is in effect on July 1 of that fiscal year, the

participant's employer shall pay to the System, in addition to

all other payments required under this Section and in

accordance with guidelines established by the System, an amount

determined by the System to be equal to the employer normal

cost, as established by the System and expressed as a total

percentage of payroll, multiplied by the amount of earnings in

excess of the amount of the salary set by law for the Governor.

This amount shall be computed by the System on the basis of the

actuarial assumptions and tables used in the most recent

actuarial valuation of the System that is available at the time

of the computation. The System may require the employer to

provide any pertinent information or documentation.

Whenever it determines that a payment is or may be required

under this subsection, the System shall calculate the amount of

the payment and bill the employer for that amount. The bill

shall specify the calculation used to determine the amount due.

If the employer disputes the amount of the bill, it may, within

30 days after receipt of the bill, apply to the System in

writing for a recalculation. The application must specify in

detail the grounds of the dispute. Upon receiving a timely

application for recalculation, the System shall review the

application and, if appropriate, recalculate the amount due.

The employer contributions required under this subsection

may be paid in the form of a lump sum within 90 days after

issuance of the bill. If the employer contributions are not

paid within 90 days after issuance of the bill, then interest

will be charged at a rate equal to the System's annual

actuarially assumed rate of return on investment compounded

annually from the 91st day after issuance of the bill. All

payments must be received within 3 years after issuance of the

bill. If the employer fails to make complete payment, including

applicable interest, within 3 years, then the System may, after

giving notice to the employer, certify the delinquent amount to

the State Comptroller, and the Comptroller shall thereupon

deduct the certified delinquent amount from State funds payable

to the employer and pay them instead to the System.

This subsection (j-5) does not apply to a participant's

earnings to the extent an employer pays the employer normal

cost of such earnings.

The changes made to this subsection (j-5) by Public Act

100-624 this amendatory Act of the 100th General Assembly are

intended to apply retroactively to July 6, 2017 (the effective

date of Public Act 100-23).

(k) The Illinois Community College Board shall adopt rules

for recommending lists of promotional positions submitted to

the Board by community colleges and for reviewing the

promotional lists on an annual basis. When recommending

promotional lists, the Board shall consider the similarity of

the positions submitted to those positions recognized for State

universities by the State Universities Civil Service System.

The Illinois Community College Board shall file a copy of its

findings with the System. The System shall consider the

findings of the Illinois Community College Board when making

determinations under this Section. The System shall not exclude

any earnings increases resulting from a promotion when the

promotion was not submitted by a community college. Nothing in

this subsection (k) shall require any community college to

submit any information to the Community College Board.

(l) For purposes of determining the required State

contribution to the System, the value of the System's assets

shall be equal to the actuarial value of the System's assets,

which shall be calculated as follows:

As of June 30, 2008, the actuarial value of the System's

assets shall be equal to the market value of the assets as of

that date. In determining the actuarial value of the System's

assets for fiscal years after June 30, 2008, any actuarial

gains or losses from investment return incurred in a fiscal

year shall be recognized in equal annual amounts over the

5-year period following that fiscal year.

(m) For purposes of determining the required State

contribution to the system for a particular year, the actuarial

value of assets shall be assumed to earn a rate of return equal

to the system's actuarially assumed rate of return.

(Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17;

100-587, eff. 6-4-18; 100-624, eff. 7-20-18; revised 7-30-18.)

(40 ILCS 5/15-198)

Sec. 15-198. Application and expiration of new benefit

increases.

(a) As used in this Section, "new benefit increase" means

an increase in the amount of any benefit provided under this

Article, or an expansion of the conditions of eligibility for

any benefit under this Article, that results from an amendment

to this Code that takes effect after the effective date of this

amendatory Act of the 94th General Assembly. "New benefit

increase", however, does not include any benefit increase

resulting from the changes made to Article 1 or this Article by

Public Act 100-23, Public Act 100-587, or Public Act 100-769 or

this amendatory Act of the 100th General Assembly.

(b) Notwithstanding any other provision of this Code or any

subsequent amendment to this Code, every new benefit increase

is subject to this Section and shall be deemed to be granted

only in conformance with and contingent upon compliance with

the provisions of this Section.

(c) The Public Act enacting a new benefit increase must

identify and provide for payment to the System of additional

funding at least sufficient to fund the resulting annual

increase in cost to the System as it accrues.

Every new benefit increase is contingent upon the General

Assembly providing the additional funding required under this

subsection. The Commission on Government Forecasting and

Accountability shall analyze whether adequate additional

funding has been provided for the new benefit increase and

shall report its analysis to the Public Pension Division of the

Department of Insurance. A new benefit increase created by a

Public Act that does not include the additional funding

required under this subsection is null and void. If the Public

Pension Division determines that the additional funding

provided for a new benefit increase under this subsection is or

has become inadequate, it may so certify to the Governor and

the State Comptroller and, in the absence of corrective action

by the General Assembly, the new benefit increase shall expire

at the end of the fiscal year in which the certification is

made.

(d) Every new benefit increase shall expire 5 years after

its effective date or on such earlier date as may be specified

in the language enacting the new benefit increase or provided

under subsection (c). This does not prevent the General

Assembly from extending or re-creating a new benefit increase

by law.

(e) Except as otherwise provided in the language creating

the new benefit increase, a new benefit increase that expires

under this Section continues to apply to persons who applied

and qualified for the affected benefit while the new benefit

increase was in effect and to the affected beneficiaries and

alternate payees of such persons, but does not apply to any

other person, including without limitation a person who

continues in service after the expiration date and did not

apply and qualify for the affected benefit while the new

benefit increase was in effect.

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

100-769, eff. 8-10-18; revised 9-26-18.)

(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)

Sec. 16-158. Contributions by State and other employing

units.

(a) The State shall make contributions to the System by

means of appropriations from the Common School Fund and other

State funds of amounts which, together with other employer

contributions, employee contributions, investment income, and

other income, will be sufficient to meet the cost of

maintaining and administering the System on a 90% funded basis

in accordance with actuarial recommendations.

The Board shall determine the amount of State contributions

required for each fiscal year on the basis of the actuarial

tables and other assumptions adopted by the Board and the

recommendations of the actuary, using the formula in subsection

(b-3).

(a-1) Annually, on or before November 15 until November 15,

2011, the Board shall certify to the Governor the amount of the

required State contribution for the coming fiscal year. The

certification under this subsection (a-1) shall include a copy

of the actuarial recommendations upon which it is based and

shall specifically identify the System's projected State

normal cost for that fiscal year.

On or before May 1, 2004, the Board shall recalculate and

recertify to the Governor the amount of the required State

contribution to the System for State fiscal year 2005, taking

into account the amounts appropriated to and received by the

System under subsection (d) of Section 7.2 of the General

Obligation Bond Act.

On or before July 1, 2005, the Board shall recalculate and

recertify to the Governor the amount of the required State

contribution to the System for State fiscal year 2006, taking

into account the changes in required State contributions made

by Public Act 94-4.

On or before April 1, 2011, the Board shall recalculate and

recertify to the Governor the amount of the required State

contribution to the System for State fiscal year 2011, applying

the changes made by Public Act 96-889 to the System's assets

and liabilities as of June 30, 2009 as though Public Act 96-889

was approved on that date.

(a-5) On or before November 1 of each year, beginning

November 1, 2012, the Board shall submit to the State Actuary,

the Governor, and the General Assembly a proposed certification

of the amount of the required State contribution to the System

for the next fiscal year, along with all of the actuarial

assumptions, calculations, and data upon which that proposed

certification is based. On or before January 1 of each year,

beginning January 1, 2013, the State Actuary shall issue a

preliminary report concerning the proposed certification and

identifying, if necessary, recommended changes in actuarial

assumptions that the Board must consider before finalizing its

certification of the required State contributions. On or before

January 15, 2013 and each January 15 thereafter, the Board

shall certify to the Governor and the General Assembly the

amount of the required State contribution for the next fiscal

year. The Board's certification must note any deviations from

the State Actuary's recommended changes, the reason or reasons

for not following the State Actuary's recommended changes, and

the fiscal impact of not following the State Actuary's

recommended changes on the required State contribution.

(a-10) By November 1, 2017, the Board shall recalculate and

recertify to the State Actuary, the Governor, and the General

Assembly the amount of the State contribution to the System for

State fiscal year 2018, taking into account the changes in

required State contributions made by Public Act 100-23. The

State Actuary shall review the assumptions and valuations

underlying the Board's revised certification and issue a

preliminary report concerning the proposed recertification and

identifying, if necessary, recommended changes in actuarial

assumptions that the Board must consider before finalizing its

certification of the required State contributions. The Board's

final certification must note any deviations from the State

Actuary's recommended changes, the reason or reasons for not

following the State Actuary's recommended changes, and the

fiscal impact of not following the State Actuary's recommended

changes on the required State contribution.

(a-15) On or after June 15, 2019, but no later than June

30, 2019, the Board shall recalculate and recertify to the

Governor and the General Assembly the amount of the State

contribution to the System for State fiscal year 2019, taking

into account the changes in required State contributions made

by Public Act 100-587 this amendatory Act of the 100th General

Assembly. The recalculation shall be made using assumptions

adopted by the Board for the original fiscal year 2019

certification. The monthly voucher for the 12th month of fiscal

year 2019 shall be paid by the Comptroller after the

recertification required pursuant to this subsection is

submitted to the Governor, Comptroller, and General Assembly.

The recertification submitted to the General Assembly shall be

filed with the Clerk of the House of Representatives and the

Secretary of the Senate in electronic form only, in the manner

that the Clerk and the Secretary shall direct.

(b) Through State fiscal year 1995, the State contributions

shall be paid to the System in accordance with Section 18-7 of

the School Code.

(b-1) Beginning in State fiscal year 1996, on the 15th day

of each month, or as soon thereafter as may be practicable, the

Board shall submit vouchers for payment of State contributions

to the System, in a total monthly amount of one-twelfth of the

required annual State contribution certified under subsection

(a-1). From March 5, 2004 (the effective date of Public Act

93-665) through June 30, 2004, the Board shall not submit

vouchers for the remainder of fiscal year 2004 in excess of the

fiscal year 2004 certified contribution amount determined

under this Section after taking into consideration the transfer

to the System under subsection (a) of Section 6z-61 of the

State Finance Act. These vouchers shall be paid by the State

Comptroller and Treasurer by warrants drawn on the funds

appropriated to the System for that fiscal year.

If in any month the amount remaining unexpended from all

other appropriations to the System for the applicable fiscal

year (including the appropriations to the System under Section

8.12 of the State Finance Act and Section 1 of the State

Pension Funds Continuing Appropriation Act) is less than the

amount lawfully vouchered under this subsection, the

difference shall be paid from the Common School Fund under the

continuing appropriation authority provided in Section 1.1 of

the State Pension Funds Continuing Appropriation Act.

(b-2) Allocations from the Common School Fund apportioned

to school districts not coming under this System shall not be

diminished or affected by the provisions of this Article.

(b-3) For State fiscal years 2012 through 2045, the minimum

contribution to the System to be made by the State for each

fiscal year shall be an amount determined by the System to be

sufficient to bring the total assets of the System up to 90% of

the total actuarial liabilities of the System by the end of

State fiscal year 2045. In making these determinations, the

required State contribution shall be calculated each year as a

level percentage of payroll over the years remaining to and

including fiscal year 2045 and shall be determined under the

projected unit credit actuarial cost method.

For each of State fiscal years 2018, 2019, and 2020, the

State shall make an additional contribution to the System equal

to 2% of the total payroll of each employee who is deemed to

have elected the benefits under Section 1-161 or who has made

the election under subsection (c) of Section 1-161.

A change in an actuarial or investment assumption that

increases or decreases the required State contribution and

first applies in State fiscal year 2018 or thereafter shall be

implemented in equal annual amounts over a 5-year period

beginning in the State fiscal year in which the actuarial

change first applies to the required State contribution.

A change in an actuarial or investment assumption that

increases or decreases the required State contribution and

first applied to the State contribution in fiscal year 2014,

2015, 2016, or 2017 shall be implemented:

(i) as already applied in State fiscal years before

2018; and

(ii) in the portion of the 5-year period beginning in

the State fiscal year in which the actuarial change first

applied that occurs in State fiscal year 2018 or

thereafter, by calculating the change in equal annual

amounts over that 5-year period and then implementing it at

the resulting annual rate in each of the remaining fiscal

years in that 5-year period.

For State fiscal years 1996 through 2005, the State

contribution to the System, as a percentage of the applicable

employee payroll, shall be increased in equal annual increments

so that by State fiscal year 2011, the State is contributing at

the rate required under this Section; except that in the

following specified State fiscal years, the State contribution

to the System shall not be less than the following indicated

percentages of the applicable employee payroll, even if the

indicated percentage will produce a State contribution in

excess of the amount otherwise required under this subsection

and subsection (a), and notwithstanding any contrary

certification made under subsection (a-1) before May 27, 1998

(the effective date of Public Act 90-582): 10.02% in FY 1999;

10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86%

in FY 2003; and 13.56% in FY 2004.

Notwithstanding any other provision of this Article, the

total required State contribution for State fiscal year 2006 is

$534,627,700.

Notwithstanding any other provision of this Article, the

total required State contribution for State fiscal year 2007 is

$738,014,500.

For each of State fiscal years 2008 through 2009, the State

contribution to the System, as a percentage of the applicable

employee payroll, shall be increased in equal annual increments

from the required State contribution for State fiscal year

2007, so that by State fiscal year 2011, the State is

contributing at the rate otherwise required under this Section.

Notwithstanding any other provision of this Article, the

total required State contribution for State fiscal year 2010 is

$2,089,268,000 and shall be made from the proceeds of bonds

sold in fiscal year 2010 pursuant to Section 7.2 of the General

Obligation Bond Act, less (i) the pro rata share of bond sale

expenses determined by the System's share of total bond

proceeds, (ii) any amounts received from the Common School Fund

in fiscal year 2010, and (iii) any reduction in bond proceeds

due to the issuance of discounted bonds, if applicable.

Notwithstanding any other provision of this Article, the

total required State contribution for State fiscal year 2011 is

the amount recertified by the System on or before April 1, 2011

pursuant to subsection (a-1) of this Section and shall be made

from the proceeds of bonds sold in fiscal year 2011 pursuant to

Section 7.2 of the General Obligation Bond Act, less (i) the

pro rata share of bond sale expenses determined by the System's

share of total bond proceeds, (ii) any amounts received from

the Common School Fund in fiscal year 2011, and (iii) any

reduction in bond proceeds due to the issuance of discounted

bonds, if applicable. This amount shall include, in addition to

the amount certified by the System, an amount necessary to meet

employer contributions required by the State as an employer

under paragraph (e) of this Section, which may also be used by

the System for contributions required by paragraph (a) of

Section 16-127.

Beginning in State fiscal year 2046, the minimum State

contribution for each fiscal year shall be the amount needed to

maintain the total assets of the System at 90% of the total

actuarial liabilities of the System.

Amounts received by the System pursuant to Section 25 of

the Budget Stabilization Act or Section 8.12 of the State

Finance Act in any fiscal year do not reduce and do not

constitute payment of any portion of the minimum State

contribution required under this Article in that fiscal year.

Such amounts shall not reduce, and shall not be included in the

calculation of, the required State contributions under this

Article in any future year until the System has reached a

funding ratio of at least 90%. A reference in this Article to

the "required State contribution" or any substantially similar

term does not include or apply to any amounts payable to the

System under Section 25 of the Budget Stabilization Act.

Notwithstanding any other provision of this Section, the

required State contribution for State fiscal year 2005 and for

fiscal year 2008 and each fiscal year thereafter, as calculated

under this Section and certified under subsection (a-1), shall

not exceed an amount equal to (i) the amount of the required

State contribution that would have been calculated under this

Section for that fiscal year if the System had not received any

payments under subsection (d) of Section 7.2 of the General

Obligation Bond Act, minus (ii) the portion of the State's

total debt service payments for that fiscal year on the bonds

issued in fiscal year 2003 for the purposes of that Section

7.2, as determined and certified by the Comptroller, that is

the same as the System's portion of the total moneys

distributed under subsection (d) of Section 7.2 of the General

Obligation Bond Act. In determining this maximum for State

fiscal years 2008 through 2010, however, the amount referred to

in item (i) shall be increased, as a percentage of the

applicable employee payroll, in equal increments calculated

from the sum of the required State contribution for State

fiscal year 2007 plus the applicable portion of the State's

total debt service payments for fiscal year 2007 on the bonds

issued in fiscal year 2003 for the purposes of Section 7.2 of

the General Obligation Bond Act, so that, by State fiscal year

2011, the State is contributing at the rate otherwise required

under this Section.

(b-4) Beginning in fiscal year 2018, each employer under

this Article shall pay to the System a required contribution

determined as a percentage of projected payroll and sufficient

to produce an annual amount equal to:

(i) for each of fiscal years 2018, 2019, and 2020, the

defined benefit normal cost of the defined benefit plan,

less the employee contribution, for each employee of that

employer who has elected or who is deemed to have elected

the benefits under Section 1-161 or who has made the

election under subsection (b) of Section 1-161; for fiscal

year 2021 and each fiscal year thereafter, the defined

benefit normal cost of the defined benefit plan, less the

employee contribution, plus 2%, for each employee of that

employer who has elected or who is deemed to have elected

the benefits under Section 1-161 or who has made the

election under subsection (b) of Section 1-161; plus

(ii) the amount required for that fiscal year to

amortize any unfunded actuarial accrued liability

associated with the present value of liabilities

attributable to the employer's account under Section

16-158.3, determined as a level percentage of payroll over

a 30-year rolling amortization period.

In determining contributions required under item (i) of

this subsection, the System shall determine an aggregate rate

for all employers, expressed as a percentage of projected

payroll.

In determining the contributions required under item (ii)

of this subsection, the amount shall be computed by the System

on the basis of the actuarial assumptions and tables used in

the most recent actuarial valuation of the System that is

available at the time of the computation.

The contributions required under this subsection (b-4)

shall be paid by an employer concurrently with that employer's

payroll payment period. The State, as the actual employer of an

employee, shall make the required contributions under this

subsection.

(c) Payment of the required State contributions and of all

pensions, retirement annuities, death benefits, refunds, and

other benefits granted under or assumed by this System, and all

expenses in connection with the administration and operation

thereof, are obligations of the State.

If members are paid from special trust or federal funds

which are administered by the employing unit, whether school

district or other unit, the employing unit shall pay to the

System from such funds the full accruing retirement costs based

upon that service, which, beginning July 1, 2017, shall be at a

rate, expressed as a percentage of salary, equal to the total

employer's normal cost, expressed as a percentage of payroll,

as determined by the System. Employer contributions, based on

salary paid to members from federal funds, may be forwarded by

the distributing agency of the State of Illinois to the System

prior to allocation, in an amount determined in accordance with

guidelines established by such agency and the System. Any

contribution for fiscal year 2015 collected as a result of the

change made by Public Act 98-674 shall be considered a State

contribution under subsection (b-3) of this Section.

(d) Effective July 1, 1986, any employer of a teacher as

defined in paragraph (8) of Section 16-106 shall pay the

employer's normal cost of benefits based upon the teacher's

service, in addition to employee contributions, as determined

by the System. Such employer contributions shall be forwarded

monthly in accordance with guidelines established by the

System.

However, with respect to benefits granted under Section

16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)

of Section 16-106, the employer's contribution shall be 12%

(rather than 20%) of the member's highest annual salary rate

for each year of creditable service granted, and the employer

shall also pay the required employee contribution on behalf of

the teacher. For the purposes of Sections 16-133.4 and

16-133.5, a teacher as defined in paragraph (8) of Section

16-106 who is serving in that capacity while on leave of

absence from another employer under this Article shall not be

considered an employee of the employer from which the teacher

is on leave.

(e) Beginning July 1, 1998, every employer of a teacher

shall pay to the System an employer contribution computed as

follows:

(1) Beginning July 1, 1998 through June 30, 1999, the

employer contribution shall be equal to 0.3% of each

teacher's salary.

(2) Beginning July 1, 1999 and thereafter, the employer

contribution shall be equal to 0.58% of each teacher's

salary.

The school district or other employing unit may pay these

employer contributions out of any source of funding available

for that purpose and shall forward the contributions to the

System on the schedule established for the payment of member

contributions.

These employer contributions are intended to offset a

portion of the cost to the System of the increases in

retirement benefits resulting from Public Act 90-582.

Each employer of teachers is entitled to a credit against

the contributions required under this subsection (e) with

respect to salaries paid to teachers for the period January 1,

2002 through June 30, 2003, equal to the amount paid by that

employer under subsection (a-5) of Section 6.6 of the State

Employees Group Insurance Act of 1971 with respect to salaries

paid to teachers for that period.

The additional 1% employee contribution required under

Section 16-152 by Public Act 90-582 is the responsibility of

the teacher and not the teacher's employer, unless the employer

agrees, through collective bargaining or otherwise, to make the

contribution on behalf of the teacher.

If an employer is required by a contract in effect on May

1, 1998 between the employer and an employee organization to

pay, on behalf of all its full-time employees covered by this

Article, all mandatory employee contributions required under

this Article, then the employer shall be excused from paying

the employer contribution required under this subsection (e)

for the balance of the term of that contract. The employer and

the employee organization shall jointly certify to the System

the existence of the contractual requirement, in such form as

the System may prescribe. This exclusion shall cease upon the

termination, extension, or renewal of the contract at any time

after May 1, 1998.

(f) For school years beginning on or after June 1, 2005 and

before July 1, 2018 and for salary paid to a teacher under a

contract or collective bargaining agreement entered into,

amended, or renewed before June 4, 2018 (the effective date of

Public Act 100-587) this amendatory Act of the 100th General

Assembly, if the amount of a teacher's salary for any school

year used to determine final average salary exceeds the

member's annual full-time salary rate with the same employer

for the previous school year by more than 6%, the teacher's

employer shall pay to the System, in addition to all other

payments required under this Section and in accordance with

guidelines established by the System, the present value of the

increase in benefits resulting from the portion of the increase

in salary that is in excess of 6%. This present value shall be

computed by the System on the basis of the actuarial

assumptions and tables used in the most recent actuarial

valuation of the System that is available at the time of the

computation. If a teacher's salary for the 2005-2006 school

year is used to determine final average salary under this

subsection (f), then the changes made to this subsection (f) by

Public Act 94-1057 shall apply in calculating whether the

increase in his or her salary is in excess of 6%. For the

purposes of this Section, change in employment under Section

10-21.12 of the School Code on or after June 1, 2005 shall

constitute a change in employer. The System may require the

employer to provide any pertinent information or

documentation. The changes made to this subsection (f) by

Public Act 94-1111 apply without regard to whether the teacher

was in service on or after its effective date.

Whenever it determines that a payment is or may be required

under this subsection, the System shall calculate the amount of

the payment and bill the employer for that amount. The bill

shall specify the calculations used to determine the amount

due. If the employer disputes the amount of the bill, it may,

within 30 days after receipt of the bill, apply to the System

in writing for a recalculation. The application must specify in

detail the grounds of the dispute and, if the employer asserts

that the calculation is subject to subsection (g) or (h) of

this Section or that subsection (f-1) of this Section applies,

must include an affidavit setting forth and attesting to all

facts within the employer's knowledge that are pertinent to the

applicability of that subsection. Upon receiving a timely

application for recalculation, the System shall review the

application and, if appropriate, recalculate the amount due.

The employer contributions required under this subsection

(f) may be paid in the form of a lump sum within 90 days after

receipt of the bill. If the employer contributions are not paid

within 90 days after receipt of the bill, then interest will be

charged at a rate equal to the System's annual actuarially

assumed rate of return on investment compounded annually from

the 91st day after receipt of the bill. Payments must be

concluded within 3 years after the employer's receipt of the

bill.

(f-1) For school years beginning on or after July 1, 2018

and for salary paid to a teacher under a contract or collective

bargaining agreement entered into, amended, or renewed on or

after June 4, 2018 (the effective date of Public Act 100-587)

this amendatory Act of the 100th General Assembly, if the

amount of a teacher's salary for any school year used to

determine final average salary exceeds the member's annual

full-time salary rate with the same employer for the previous

school year by more than 3%, then the teacher's employer shall

pay to the System, in addition to all other payments required

under this Section and in accordance with guidelines

established by the System, the present value of the increase in

benefits resulting from the portion of the increase in salary

that is in excess of 3%. This present value shall be computed

by the System on the basis of the actuarial assumptions and

tables used in the most recent actuarial valuation of the

System that is available at the time of the computation. The

System may require the employer to provide any pertinent

information or documentation.

Whenever it determines that a payment is or may be required

under this subsection (f-1), the System shall calculate the

amount of the payment and bill the employer for that amount.

The bill shall specify the calculations used to determine the

amount due. If the employer disputes the amount of the bill, it

shall, within 30 days after receipt of the bill, apply to the

System in writing for a recalculation. The application must

specify in detail the grounds of the dispute and, if the

employer asserts that subsection (f) of this Section applies,

must include an affidavit setting forth and attesting to all

facts within the employer's knowledge that are pertinent to the

applicability of subsection (f). Upon receiving a timely

application for recalculation, the System shall review the

application and, if appropriate, recalculate the amount due.

The employer contributions required under this subsection

(f-1) may be paid in the form of a lump sum within 90 days after

receipt of the bill. If the employer contributions are not paid

within 90 days after receipt of the bill, then interest shall

be charged at a rate equal to the System's annual actuarially

assumed rate of return on investment compounded annually from

the 91st day after receipt of the bill. Payments must be

concluded within 3 years after the employer's receipt of the

bill.

(g) This subsection (g) applies only to payments made or

salary increases given on or after June 1, 2005 but before July

1, 2011. The changes made by Public Act 94-1057 shall not

require the System to refund any payments received before July

31, 2006 (the effective date of Public Act 94-1057).

When assessing payment for any amount due under subsection

(f), the System shall exclude salary increases paid to teachers

under contracts or collective bargaining agreements entered

into, amended, or renewed before June 1, 2005.

When assessing payment for any amount due under subsection

(f), the System shall exclude salary increases paid to a

teacher at a time when the teacher is 10 or more years from

retirement eligibility under Section 16-132 or 16-133.2.

When assessing payment for any amount due under subsection

(f), the System shall exclude salary increases resulting from

overload work, including summer school, when the school

district has certified to the System, and the System has

approved the certification, that (i) the overload work is for

the sole purpose of classroom instruction in excess of the

standard number of classes for a full-time teacher in a school

district during a school year and (ii) the salary increases are

equal to or less than the rate of pay for classroom instruction

computed on the teacher's current salary and work schedule.

When assessing payment for any amount due under subsection

(f), the System shall exclude a salary increase resulting from

a promotion (i) for which the employee is required to hold a

certificate or supervisory endorsement issued by the State

Teacher Certification Board that is a different certification

or supervisory endorsement than is required for the teacher's

previous position and (ii) to a position that has existed and

been filled by a member for no less than one complete academic

year and the salary increase from the promotion is an increase

that results in an amount no greater than the lesser of the

average salary paid for other similar positions in the district

requiring the same certification or the amount stipulated in

the collective bargaining agreement for a similar position

requiring the same certification.

When assessing payment for any amount due under subsection

(f), the System shall exclude any payment to the teacher from

the State of Illinois or the State Board of Education over

which the employer does not have discretion, notwithstanding

that the payment is included in the computation of final

average salary.

(h) When assessing payment for any amount due under

subsection (f), the System shall exclude any salary increase

described in subsection (g) of this Section given on or after

July 1, 2011 but before July 1, 2014 under a contract or

collective bargaining agreement entered into, amended, or

renewed on or after June 1, 2005 but before July 1, 2011.

Notwithstanding any other provision of this Section, any

payments made or salary increases given after June 30, 2014

shall be used in assessing payment for any amount due under

subsection (f) of this Section.

(i) The System shall prepare a report and file copies of

the report with the Governor and the General Assembly by

January 1, 2007 that contains all of the following information:

(1) The number of recalculations required by the

changes made to this Section by Public Act 94-1057 for each

employer.

(2) The dollar amount by which each employer's

contribution to the System was changed due to

recalculations required by Public Act 94-1057.

(3) The total amount the System received from each

employer as a result of the changes made to this Section by

Public Act 94-4.

(4) The increase in the required State contribution

resulting from the changes made to this Section by Public

Act 94-1057.

(i-5) For school years beginning on or after July 1, 2017,

if the amount of a participant's salary for any school year

exceeds the amount of the salary set for the Governor, the

participant's employer shall pay to the System, in addition to

all other payments required under this Section and in

accordance with guidelines established by the System, an amount

determined by the System to be equal to the employer normal

cost, as established by the System and expressed as a total

percentage of payroll, multiplied by the amount of salary in

excess of the amount of the salary set for the Governor. This

amount shall be computed by the System on the basis of the

actuarial assumptions and tables used in the most recent

actuarial valuation of the System that is available at the time

of the computation. The System may require the employer to

provide any pertinent information or documentation.

Whenever it determines that a payment is or may be required

under this subsection, the System shall calculate the amount of

the payment and bill the employer for that amount. The bill

shall specify the calculations used to determine the amount

due. If the employer disputes the amount of the bill, it may,

within 30 days after receipt of the bill, apply to the System

in writing for a recalculation. The application must specify in

detail the grounds of the dispute. Upon receiving a timely

application for recalculation, the System shall review the

application and, if appropriate, recalculate the amount due.

The employer contributions required under this subsection

may be paid in the form of a lump sum within 90 days after

receipt of the bill. If the employer contributions are not paid

within 90 days after receipt of the bill, then interest will be

charged at a rate equal to the System's annual actuarially

assumed rate of return on investment compounded annually from

the 91st day after receipt of the bill. Payments must be

concluded within 3 years after the employer's receipt of the

bill.

(j) For purposes of determining the required State

contribution to the System, the value of the System's assets

shall be equal to the actuarial value of the System's assets,

which shall be calculated as follows:

As of June 30, 2008, the actuarial value of the System's

assets shall be equal to the market value of the assets as of

that date. In determining the actuarial value of the System's

assets for fiscal years after June 30, 2008, any actuarial

gains or losses from investment return incurred in a fiscal

year shall be recognized in equal annual amounts over the

5-year period following that fiscal year.

(k) For purposes of determining the required State

contribution to the system for a particular year, the actuarial

value of assets shall be assumed to earn a rate of return equal

to the system's actuarially assumed rate of return.

(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;

100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff.

8-14-18; revised 10-4-18.)

(40 ILCS 5/16-203)

Sec. 16-203. Application and expiration of new benefit

increases.

(a) As used in this Section, "new benefit increase" means

an increase in the amount of any benefit provided under this

Article, or an expansion of the conditions of eligibility for

any benefit under this Article, that results from an amendment

to this Code that takes effect after June 1, 2005 (the

effective date of Public Act 94-4). "New benefit increase",

however, does not include any benefit increase resulting from

the changes made to Article 1 or this Article by Public Act

95-910, Public Act 100-23, Public Act 100-587, Public Act

100-743, or Public Act 100-769 or by this amendatory Act of the

100th General Assembly.

(b) Notwithstanding any other provision of this Code or any

subsequent amendment to this Code, every new benefit increase

is subject to this Section and shall be deemed to be granted

only in conformance with and contingent upon compliance with

the provisions of this Section.

(c) The Public Act enacting a new benefit increase must

identify and provide for payment to the System of additional

funding at least sufficient to fund the resulting annual

increase in cost to the System as it accrues.

Every new benefit increase is contingent upon the General

Assembly providing the additional funding required under this

subsection. The Commission on Government Forecasting and

Accountability shall analyze whether adequate additional

funding has been provided for the new benefit increase and

shall report its analysis to the Public Pension Division of the

Department of Insurance. A new benefit increase created by a

Public Act that does not include the additional funding

required under this subsection is null and void. If the Public

Pension Division determines that the additional funding

provided for a new benefit increase under this subsection is or

has become inadequate, it may so certify to the Governor and

the State Comptroller and, in the absence of corrective action

by the General Assembly, the new benefit increase shall expire

at the end of the fiscal year in which the certification is

made.

(d) Every new benefit increase shall expire 5 years after

its effective date or on such earlier date as may be specified

in the language enacting the new benefit increase or provided

under subsection (c). This does not prevent the General

Assembly from extending or re-creating a new benefit increase

by law.

(e) Except as otherwise provided in the language creating

the new benefit increase, a new benefit increase that expires

under this Section continues to apply to persons who applied

and qualified for the affected benefit while the new benefit

increase was in effect and to the affected beneficiaries and

alternate payees of such persons, but does not apply to any

other person, including without limitation a person who

continues in service after the expiration date and did not

apply and qualify for the affected benefit while the new

benefit increase was in effect.

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

100-743, eff. 8-10-18; 100-769, eff. 8-10-18; revised

10-15-18.)

Section 315. The Property Assessed Clean Energy Act is

amended by changing Sections 5 and 30 as follows:

(50 ILCS 50/5)

Sec. 5. Definitions. As used in this Act:

"Alternative energy improvement" means the installation or

upgrade of electrical wiring, outlets, or charging stations to

charge a motor vehicle that is fully or partially powered by

electricity.

"Assessment contract" means a voluntary written contract

between the local unit of government (or a permitted assignee)

and record owner governing the terms and conditions of

financing and assessment under a program.

"Authority" means the Illinois Finance Authority.

"PACE area" means an area within the jurisdictional

boundaries of a local unit of government created by an

ordinance or resolution of the local unit of government to

provide financing for energy projects under a property assessed

clean energy program. A local unit of government may create

more than one PACE area under the program, and PACE areas may

be separate, overlapping, or coterminous.

"Energy efficiency improvement" means equipment, devices,

or materials intended to decrease energy consumption or promote

a more efficient use of electricity, natural gas, propane, or

other forms of energy on property, including, but not limited

to, all of the following:

(1) insulation in walls, roofs, floors, foundations,

or heating and cooling distribution systems;

(2) storm windows and doors, multi-glazed windows and

doors, heat-absorbing or heat-reflective glazed and coated

window and door systems, and additional glazing,

reductions in glass area, and other window and door system

modifications that reduce energy consumption;

(3) automated energy control systems;

(4) high efficiency heating, ventilating, or

air-conditioning and distribution system modifications or

replacements;

(5) caulking, weather-stripping, and air sealing;

(6) replacement or modification of lighting fixtures

to reduce the energy use of the lighting system;

(7) energy controls or recovery systems;

(8) day lighting systems;

(8.1) any energy efficiency project, as defined in

Section 825-65 of the Illinois Finance Authority Act; and

(9) any other installation or modification of

equipment, devices, or materials approved as a utility

cost-savings measure by the governing body.

"Energy project" means the installation or modification of

an alternative energy improvement, energy efficiency

improvement, or water use improvement, or the acquisition,

installation, or improvement of a renewable energy system that

is affixed to a stabilized existing property (including new

construction).

"Governing body" means the county board or board of county

commissioners of a county, the city council of a city, or the

board of trustees of a village.

"Local unit of government" means a county, city, or

village.

"Permitted assignee" means (i) any body politic and

corporate, (ii) any bond trustee, or (iii) any warehouse

lender, or any other assignee of a local unit of government

designated in an assessment contract.

"Person" means an individual, firm, partnership,

association, corporation, limited liability company,

unincorporated joint venture, trust, or any other type of

entity that is recognized by law and has the title to or

interest in property. "Person" does not include a local unit of

government or a homeowner's or condominium association, but

does include other governmental entities that are not local

units of government.

"Program administrator" means a for-profit entity or

not-for-profit not-for profit entity that will administer a

program on behalf of or at the discretion of the local unit of

government. It or its affiliates, consultants, or advisors

shall have done business as a program administrator or capital

provider for a minimum of 18 months and shall be responsible

for arranging capital for the acquisition of bonds issued by

the local unit of government or the Authority to finance energy

projects.

"Property" means privately-owned commercial, industrial,

non-residential agricultural, or multi-family (of 5 or more

units) real property located within the local unit of

government, but does not include property owned by a local unit

of government or a homeowner's or condominium association.

"Property assessed clean energy program" or "program"

means a program as described in Section 10.

"Record owner" means the person who is the titleholder or

owner of the beneficial interest in property.

"Renewable energy resource" includes energy and its

associated renewable energy credit or renewable energy credits

from wind energy, solar thermal energy, photovoltaic cells and

panels, biodiesel, anaerobic digestion, and hydropower that

does not involve new construction or significant expansion of

hydropower dams. For purposes of this Act, landfill gas

produced in the State is considered a renewable energy

resource. The term "renewable energy resources" does not

include the incineration or burning of any solid material.

"Renewable energy system" means a fixture, product,

device, or interacting group of fixtures, products, or devices

on the customer's side of the meter that use one or more

renewable energy resources to generate electricity, and

specifically includes any renewable energy project, as defined

in Section 825-65 of the Illinois Finance Authority Act.

"Warehouse fund" means any fund established by a local unit

of government, body politic and corporate, or warehouse lender.

"Warehouse lender" means any financial institution

participating in a PACE area that finances an energy project

from lawfully available funds in anticipation of issuing bonds

as described in Section 35.

"Water use improvement" means any fixture, product,

system, device, or interacting group thereof for or serving any

property that has the effect of conserving water resources

through improved water management or efficiency.

(Source: P.A. 100-77, eff. 8-11-17; 100-980, eff. 1-1-19;

revised 9-28-18.)

(50 ILCS 50/30)

Sec. 30. Assessments constitute a lien; billing.

(a) An assessment imposed under a property assessed clean

energy program pursuant to an assessment contract, including

any interest on the assessment and any penalty, shall, upon

recording of the assessment contract in the county in which the

PACE area is located, constitute a lien against the property on

which the assessment is imposed until the assessment, including

any interest or penalty, is paid in full. The lien of the

assessment contract shall run with the property until the

assessment is paid in full and a satisfaction or release for

the same has been recorded with the local unit of government

and shall have the same priority and status as other property

tax and assessment liens. The local unit of government (or any

permitted assignee) shall have all rights and remedies in the

case of default or delinquency in the payment of an assessment

as it does with respect to delinquent property taxes. When the

assessment, including any interest and penalty, is paid, the

lien shall be removed from the property.

(a-5) The assessment shall be imposed by the local unit of

government against each lot, block, tract, track and parcel of

land within the PACE area to be assessed in accordance with an

assessment roll setting forth: (i) a description of the method

of spreading the assessment; (ii) a list of lots, blocks,

tracts and parcels of land in the PACE area; and (iii) the

amount assessed on each parcel. The assessment roll shall be

filed with the county clerk of the county in which the PACE

area is located for use in establishing the lien and collecting

the assessment.

(b) Installments of assessments due under a program may be

included in each tax bill issued under the Property Tax Code

and may be collected at the same time and in the same manner as

taxes collected under the Property Tax Code. Alternatively,

installments may be billed and collected as provided in a

special assessment ordinance of general applicability adopted

by the local unit of government pursuant to State law or local

charter. In no event will partial payment of an assessment be

allowed.

(Source: P.A. 100-77, eff. 8-11-17; 100-980, eff. 1-1-19;

revised 9-28-18.)

Section 320. The Illinois Police Training Act is amended by

changing Sections 7 and 10.22 as follows:

(50 ILCS 705/7) (from Ch. 85, par. 507)

Sec. 7. Rules and standards for schools. The Board shall

adopt rules and minimum standards for such schools which shall

include, but not be limited to, the following:

a. The curriculum for probationary police officers

which shall be offered by all certified schools shall

include, but not be limited to, courses of procedural

justice, arrest and use and control tactics, search and

seizure, including temporary questioning, civil rights,

human rights, human relations, cultural competency,

including implicit bias and racial and ethnic sensitivity,

criminal law, law of criminal procedure, constitutional

and proper use of law enforcement authority, vehicle and

traffic law including uniform and non-discriminatory

enforcement of the Illinois Vehicle Code, traffic control

and accident investigation, techniques of obtaining

physical evidence, court testimonies, statements, reports,

firearms training, training in the use of electronic

control devices, including the psychological and

physiological effects of the use of those devices on

humans, first-aid (including cardiopulmonary

resuscitation), training in the administration of opioid

antagonists as defined in paragraph (1) of subsection (e)

of Section 5-23 of the Substance Use Disorder Act, handling

of juvenile offenders, recognition of mental conditions

and crises, including, but not limited to, the disease of

addiction, which require immediate assistance and response

and methods to safeguard and provide assistance to a person

in need of mental treatment, recognition of abuse, neglect,

financial exploitation, and self-neglect of adults with

disabilities and older adults, as defined in Section 2 of

the Adult Protective Services Act, crimes against the

elderly, law of evidence, the hazards of high-speed police

vehicle chases with an emphasis on alternatives to the

high-speed chase, and physical training. The curriculum

shall include specific training in techniques for

immediate response to and investigation of cases of

domestic violence and of sexual assault of adults and

children, including cultural perceptions and common myths

of sexual assault and sexual abuse as well as interview

techniques that are age sensitive and are trauma informed,

victim centered, and victim sensitive. The curriculum

shall include training in techniques designed to promote

effective communication at the initial contact with crime

victims and ways to comprehensively explain to victims and

witnesses their rights under the Rights of Crime Victims

and Witnesses Act and the Crime Victims Compensation Act.

The curriculum shall also include training in effective

recognition of and responses to stress, trauma, and

post-traumatic stress experienced by police officers. The

curriculum shall also include a block of instruction aimed

at identifying and interacting with persons with autism and

other developmental or physical disabilities, reducing

barriers to reporting crimes against persons with autism,

and addressing the unique challenges presented by cases

involving victims or witnesses with autism and other

developmental disabilities. The curriculum for permanent

police officers shall include, but not be limited to: (1)

refresher and in-service training in any of the courses

listed above in this subparagraph, (2) advanced courses in

any of the subjects listed above in this subparagraph, (3)

training for supervisory personnel, and (4) specialized

training in subjects and fields to be selected by the

board. The training in the use of electronic control

devices shall be conducted for probationary police

officers, including University police officers.

b. Minimum courses of study, attendance requirements

and equipment requirements.

c. Minimum requirements for instructors.

d. Minimum basic training requirements, which a

probationary police officer must satisfactorily complete

before being eligible for permanent employment as a local

law enforcement officer for a participating local

governmental agency. Those requirements shall include

training in first aid (including cardiopulmonary

resuscitation).

e. Minimum basic training requirements, which a

probationary county corrections officer must

satisfactorily complete before being eligible for

permanent employment as a county corrections officer for a

participating local governmental agency.

f. Minimum basic training requirements which a

probationary court security officer must satisfactorily

complete before being eligible for permanent employment as

a court security officer for a participating local

governmental agency. The Board shall establish those

training requirements which it considers appropriate for

court security officers and shall certify schools to

conduct that training.

A person hired to serve as a court security officer

must obtain from the Board a certificate (i) attesting to

his or her successful completion of the training course;

(ii) attesting to his or her satisfactory completion of a

training program of similar content and number of hours

that has been found acceptable by the Board under the

provisions of this Act; or (iii) attesting to the Board's

determination that the training course is unnecessary

because of the person's extensive prior law enforcement

experience.

Individuals who currently serve as court security

officers shall be deemed qualified to continue to serve in

that capacity so long as they are certified as provided by

this Act within 24 months of June 1, 1997 (the effective

date of Public Act 89-685). Failure to be so certified,

absent a waiver from the Board, shall cause the officer to

forfeit his or her position.

All individuals hired as court security officers on or

after June 1, 1997 (the effective date of Public Act

89-685) shall be certified within 12 months of the date of

their hire, unless a waiver has been obtained by the Board,

or they shall forfeit their positions.

The Sheriff's Merit Commission, if one exists, or the

Sheriff's Office if there is no Sheriff's Merit Commission,

shall maintain a list of all individuals who have filed

applications to become court security officers and who meet

the eligibility requirements established under this Act.

Either the Sheriff's Merit Commission, or the Sheriff's

Office if no Sheriff's Merit Commission exists, shall

establish a schedule of reasonable intervals for

verification of the applicants' qualifications under this

Act and as established by the Board.

g. Minimum in-service training requirements, which a

police officer must satisfactorily complete every 3 years.

Those requirements shall include constitutional and proper

use of law enforcement authority, procedural justice,

civil rights, human rights, mental health awareness and

response, and cultural competency.

h. Minimum in-service training requirements, which a

police officer must satisfactorily complete at least

annually. Those requirements shall include law updates and

use of force training which shall include scenario based

training, or similar training approved by the Board.

(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,

eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;

100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.

8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)

(50 ILCS 705/10.22)

Sec. 10.22. School resource officers.

(a) The Board shall develop or approve a course for school

resource officers as defined in Section 10-20.68 10-20.67 of

the School Code.

(b) The school resource officer course shall be developed

within one year after January 1, 2019 (the effective date of

Public Act 100-984) this amendatory Act of the 100th General

Assembly and shall be created in consultation with

organizations demonstrating expertise and or experience in the

areas of youth and adolescent developmental issues,

educational administrative issues, prevention of child abuse

and exploitation, youth mental health treatment, and juvenile

advocacy.

(c) The Board shall develop a process allowing law

enforcement agencies to request a waiver of this training

requirement for any specific individual assigned as a school

resource officer. Applications for these waivers may be

submitted by a local law enforcement agency chief administrator

for any officer whose prior training and experience may qualify

for a waiver of the training requirement of this subsection

(c). The Board may issue a waiver at its discretion, based

solely on the prior training and experience of an officer.

(d) Upon completion, the employing agency shall be issued a

certificate attesting to a specific officer's completion of the

school resource officer training. Additionally, a letter of

approval shall be issued to the employing agency for any

officer who is approved for a training waiver under this

subsection (d).

(Source: P.A. 100-984, eff. 1-1-19; revised 10-22-18.)

Section 325. The Missing Persons Identification Act is

amended by changing Sections 10 and 20 as follows:

(50 ILCS 722/10)

Sec. 10. Law enforcement analysis and reporting of missing

person information.

(a) Prompt determination of high-risk missing person.

(1) Definition. "High-risk missing person" means a

person whose whereabouts are not currently known and whose

circumstances indicate that the person may be at risk of

injury or death. The circumstances that indicate that a

person is a high-risk missing person include, but are not

limited to, any of the following:

(A) the person is missing as a result of a stranger

abduction;

(B) the person is missing under suspicious

circumstances;

(C) the person is missing under unknown

circumstances;

(D) the person is missing under known dangerous

circumstances;

(E) the person is missing more than 30 days;

(F) the person has already been designated as a

high-risk missing person by another law enforcement

agency;

(G) there is evidence that the person is at risk

because:

(i) the person is in need of medical attention,

including but not limited to persons with

dementia-like symptoms, or prescription

medication;

(ii) the person does not have a pattern of

running away or disappearing;

(iii) the person may have been abducted by a

non-custodial parent;

(iv) the person is mentally impaired,

including, but not limited to, a person having a

developmental disability, as defined in Section

1-106 of the Mental Health and Developmental

Disabilities Code, or a person having an

intellectual disability, as defined in Section

1-116 of the Mental Health and Developmental

Disabilities Code;

(v) the person is under the age of 21;

(vi) the person has been the subject of past

threats or acts of violence;

(vii) the person has eloped from a nursing

home;

(G-5) the person is a veteran or active duty member

of the United States Armed Forces, the National Guard,

or any reserve component of the United States Armed

Forces who is believed to have a physical or mental

health condition that is related to his or her service;

or

(H) any other factor that may, in the judgment of

the law enforcement official, indicate that the

missing person may be at risk.

(2) Law enforcement risk assessment.

(A) Upon initial receipt of a missing person

report, the law enforcement agency shall immediately

determine whether there is a basis to determine that

the missing person is a high-risk missing person.

(B) If a law enforcement agency has previously

determined that a missing person is not a high-risk

missing person, but obtains new information, it shall

immediately determine whether the information

indicates that the missing person is a high-risk

missing person.

(C) Law enforcement agencies are encouraged to

establish written protocols for the handling of

missing person cases to accomplish the purposes of this

Act.

(3) Law enforcement agency reports.

(A) The responding local law enforcement agency

shall immediately enter all collected information

relating to the missing person case in the Law

Enforcement Agencies Data System (LEADS) and the

National Crime Information Center (NCIC) databases.

The information shall be provided in accordance with

applicable guidelines relating to the databases. The

information shall be entered as follows:

(i) All appropriate DNA profiles, as

determined by the Department of State Police,

shall be uploaded into the missing person

databases of the State DNA Index System (SDIS) and

National DNA Index System (NDIS) after completion

of the DNA analysis and other procedures required

for database entry.

(ii) Information relevant to the Federal

Bureau of Investigation's Violent Criminal

Apprehension Program shall be entered as soon as

possible.

(iii) The Department of State Police shall

ensure that persons entering data relating to

medical or dental records in State or federal

databases are specifically trained to understand

and correctly enter the information sought by

these databases. The Department of State Police

shall either use a person with specific expertise

in medical or dental records for this purpose or

consult with a chief medical examiner, forensic

anthropologist, or odontologist to ensure the

accuracy and completeness of information entered

into the State and federal databases.

(B) The Department of State Police shall

immediately notify all law enforcement agencies within

this State and the surrounding region of the

information that will aid in the prompt location and

safe return of the high-risk missing person.

(C) The local law enforcement agencies that

receive the notification from the Department of State

Police shall notify officers to be on the lookout for

the missing person or a suspected abductor.

(D) Pursuant to any applicable State criteria,

local law enforcement agencies shall also provide for

the prompt use of an Amber Alert in cases involving

abducted children; or use of the Endangered Missing

Person Advisory in appropriate high risk cases.

(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;

100-835, eff. 1-1-19; revised 9-28-18.)

(50 ILCS 722/20)

Sec. 20. Unidentified persons or human remains

identification responsibilities.

(a) In this Section, "assisting law enforcement agency"

means a law enforcement agency with jurisdiction acting under

the request and direction of the medical examiner or coroner to

assist with human remains identification.

(a-5) If the official with custody of the human remains is

not a coroner or medical examiner, the official shall

immediately notify the coroner or medical examiner of the

county in which the remains were found. The coroner or medical

examiner shall go to the scene and take charge of the remains.

(b) Notwithstanding any other action deemed appropriate

for the handling of the human remains, the assisting law

enforcement agency, medical examiner, or coroner shall make

reasonable attempts to promptly identify human remains. This

does not include historic or prehistoric skeletal remains.

These actions shall include, but are not limited to, obtaining

the following when possible:

(1) photographs of the human remains (prior to an

autopsy);

(2) dental and skeletal X-rays;

(3) photographs of items found on or with the human

remains;

(4) fingerprints from the remains;

(5) tissue samples suitable for DNA analysis;

(6) (blank); and

(7) any other information that may support

identification efforts.

(c) No medical examiner or coroner or any other person

shall dispose of, or engage in actions that will materially

affect the unidentified human remains before the assisting law

enforcement agency, medical examiner, or coroner obtains items

essential for human identification efforts listed in

subsection (b) of this Section.

(d) Cremation of unidentified human remains is prohibited.

(e) (Blank).

(f) The assisting law enforcement agency, medical

examiner, or coroner shall seek support from appropriate State

and federal agencies, including National Missing and

Unidentified Persons System resources to facilitate prompt

identification of human remains. This support may include, but

is not limited to, fingerprint comparison; forensic

odontology; nuclear or mitochondrial DNA analysis, or both; and

forensic anthropology.

(f-5) Fingerprints from the unidentified remains,

including partial prints, shall be submitted to the Department

of State Police or other resource for the purpose of attempting

to identify the deceased. The coroner or medical examiner shall

cause a dental examination to be performed by a forensic

odontologist for the purpose of dental charting, comparison to

missing person records, or both. Tissue samples collected for

DNA analysis shall be submitted within 30 days of the recovery

of the remains to a National Missing and Unidentified Persons

System partner laboratory or other resource where DNA profiles

are entered into the National DNA Index System upon completion

of testing. Forensic anthropological analysis of the remains

shall also be considered.

(g) (Blank).

(g-2) The medical examiner or coroner shall report the

unidentified human remains and the location where the remains

were found to the Department of State Police within 24 hours of

discovery as mandated by Section 15 of this Act. The assisting

law enforcement agency, medical examiner, or coroner shall

contact the Department of State Police to request the creation

of a an National Crime Information Center Unidentified Person

record within 5 days of the discovery of the remains. The

assisting law enforcement agency, medical examiner, or coroner

shall provide the Department of State Police all information

required for National Crime Information Center entry. Upon

notification, the Department of State Police shall create the

Unidentified Person record without unnecessary delay.

(g-5) The assisting law enforcement agency, medical

examiner, or coroner shall obtain a National Crime Information

Center number from the Department of State Police to verify

entry and maintain this number within the unidentified human

remains case file. A National Crime Information Center

Unidentified Person record shall remain on file indefinitely or

until action is taken by the originating agency to clear or

cancel the record. The assisting law enforcement agency,

medical examiner, or coroner shall notify the Department of

State Police of necessary record modifications or cancellation

if identification is made.

(h) (Blank).

(h-5) The assisting law enforcement agency, medical

examiner, or coroner shall create an unidentified person record

in the National Missing and Unidentified Persons System prior

to the submission of samples or within 30 days of the discovery

of the remains, if no identification has been made. The entry

shall include all available case information including

fingerprint data and dental charts. Samples shall be submitted

to a National Missing and Unidentified Persons System partner

laboratory for DNA analysis within 30 Days. A notation of DNA

submission shall be made within the National Missing and

Unidentified Persons System Unidentified Person record.

(i) Nothing in this Act shall be interpreted to preclude

any assisting law enforcement agency, medical examiner,

coroner, or the Department of State Police from pursuing other

efforts to identify human remains including efforts to

publicize information, descriptions, or photographs related to

the investigation.

(j) For historic or prehistoric human skeletal remains

determined by an anthropologist to be older than 100 years,

jurisdiction shall be transferred to the Department of Natural

Resources for further investigation under the Archaeological

and Paleontological Resources Protection Act.

(Source: P.A. 100-901, eff. 1-1-19; revised 9-28-18.)

Section 330. The Counties Code is amended by changing

Sections 5-1006, 5-1006.5, 5-1007, 5-1069.3, and 5-30004 as

follows:

(55 ILCS 5/5-1006) (from Ch. 34, par. 5-1006)

Sec. 5-1006. Home Rule County Retailers' Occupation Tax

Law. Any county that is a home rule unit may impose a tax upon

all persons engaged in the business of selling tangible

personal property, other than an item of tangible personal

property titled or registered with an agency of this State's

government, at retail in the county on the gross receipts from

such sales made in the course of their business. If imposed,

this tax shall only be imposed in 1/4% increments. On and after

September 1, 1991, this additional tax may not be imposed on

tangible personal property taxed at the 1% rate under the

Retailers' Occupation Tax Act. The tax imposed by a home rule

county pursuant to this Section and all civil penalties that

may be assessed as an incident thereof shall be collected and

enforced by the State Department of Revenue. The certificate of

registration that is issued by the Department to a retailer

under the Retailers' Occupation Tax Act shall permit the

retailer to engage in a business that is taxable under any

ordinance or resolution enacted pursuant to this Section

without registering separately with the Department under such

ordinance or resolution or under this Section. The Department

shall have full power to administer and enforce this Section;

to collect all taxes and penalties due hereunder; to dispose of

taxes and penalties so collected in the manner hereinafter

provided; and to determine all rights to credit memoranda

arising on account of the erroneous payment of tax or penalty

hereunder. In the administration of, and compliance with, this

Section, the Department and persons who are subject to this

Section shall have the same rights, remedies, privileges,

immunities, powers and duties, and be subject to the same

conditions, restrictions, limitations, penalties and

definitions of terms, and employ the same modes of procedure,

as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j,

1k, 1m, 1n, 2 through 2-65 (in respect to all provisions

therein other than the State rate of tax), 4, 5, 5a, 5b, 5c,

5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,

10, 11, 12 and 13 of the Retailers' Occupation Tax Act and

Section 3-7 of the Uniform Penalty and Interest Act, as fully

as if those provisions were set forth herein.

No tax may be imposed by a home rule county pursuant to

this Section unless the county also imposes a tax at the same

rate pursuant to Section 5-1007.

Persons subject to any tax imposed pursuant to the

authority granted in this Section may reimburse themselves for

their seller's tax liability hereunder by separately stating

such tax as an additional charge, which charge may be stated in

combination, in a single amount, with State tax which sellers

are required to collect under the Use Tax Act, pursuant to such

bracket schedules as the Department may prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the

amount specified and to the person named in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the home rule county retailers' occupation tax

fund.

The Department shall forthwith pay over to the State

Treasurer, ex officio, as trustee, all taxes and penalties

collected hereunder.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named counties, the

counties to be those from which retailers have paid taxes or

penalties hereunder to the Department during the second

preceding calendar month. The amount to be paid to each county

shall be the amount (not including credit memoranda) collected

hereunder during the second preceding calendar month by the

Department plus an amount the Department determines is

necessary to offset any amounts that were erroneously paid to a

different taxing body, and not including an amount equal to the

amount of refunds made during the second preceding calendar

month by the Department on behalf of such county, and not

including any amount which the Department determines is

necessary to offset any amounts which were payable to a

different taxing body but were erroneously paid to the county,

and not including any amounts that are transferred to the STAR

Bonds Revenue Fund, less 1.5% of the remainder, which the

Department shall transfer into the Tax Compliance and

Administration Fund. The Department, at the time of each

monthly disbursement to the counties, shall prepare and certify

to the State Comptroller the amount to be transferred into the

Tax Compliance and Administration Fund under this Section.

Within 10 days after receipt, by the Comptroller, of the

disbursement certification to the counties and the Tax

Compliance and Administration Fund provided for in this Section

to be given to the Comptroller by the Department, the

Comptroller shall cause the orders to be drawn for the

respective amounts in accordance with the directions contained

in the certification.

In addition to the disbursement required by the preceding

paragraph, an allocation shall be made in March of each year to

each county that received more than $500,000 in disbursements

under the preceding paragraph in the preceding calendar year.

The allocation shall be in an amount equal to the average

monthly distribution made to each such county under the

preceding paragraph during the preceding calendar year

(excluding the 2 months of highest receipts). The distribution

made in March of each year subsequent to the year in which an

allocation was made pursuant to this paragraph and the

preceding paragraph shall be reduced by the amount allocated

and disbursed under this paragraph in the preceding calendar

year. The Department shall prepare and certify to the

Comptroller for disbursement the allocations made in

accordance with this paragraph.

For the purpose of determining the local governmental unit

whose tax is applicable, a retail sale by a producer of coal or

other mineral mined in Illinois is a sale at retail at the

place where the coal or other mineral mined in Illinois is

extracted from the earth. This paragraph does not apply to coal

or other mineral when it is delivered or shipped by the seller

to the purchaser at a point outside Illinois so that the sale

is exempt under the United States Constitution as a sale in

interstate or foreign commerce.

Nothing in this Section shall be construed to authorize a

county to impose a tax upon the privilege of engaging in any

business which under the Constitution of the United States may

not be made the subject of taxation by this State.

An ordinance or resolution imposing or discontinuing a tax

hereunder or effecting a change in the rate thereof shall be

adopted and a certified copy thereof filed with the Department

on or before the first day of June, whereupon the Department

shall proceed to administer and enforce this Section as of the

first day of September next following such adoption and filing.

Beginning January 1, 1992, an ordinance or resolution imposing

or discontinuing the tax hereunder or effecting a change in the

rate thereof shall be adopted and a certified copy thereof

filed with the Department on or before the first day of July,

whereupon the Department shall proceed to administer and

enforce this Section as of the first day of October next

following such adoption and filing. Beginning January 1, 1993,

an ordinance or resolution imposing or discontinuing the tax

hereunder or effecting a change in the rate thereof shall be

adopted and a certified copy thereof filed with the Department

on or before the first day of October, whereupon the Department

shall proceed to administer and enforce this Section as of the

first day of January next following such adoption and filing.

Beginning April 1, 1998, an ordinance or resolution imposing or

discontinuing the tax hereunder or effecting a change in the

rate thereof shall either (i) be adopted and a certified copy

thereof filed with the Department on or before the first day of

April, whereupon the Department shall proceed to administer and

enforce this Section as of the first day of July next following

the adoption and filing; or (ii) be adopted and a certified

copy thereof filed with the Department on or before the first

day of October, whereupon the Department shall proceed to

administer and enforce this Section as of the first day of

January next following the adoption and filing.

When certifying the amount of a monthly disbursement to a

county under this Section, the Department shall increase or

decrease such amount by an amount necessary to offset any

misallocation of previous disbursements. The offset amount

shall be the amount erroneously disbursed within the previous 6

months from the time a misallocation is discovered.

This Section shall be known and may be cited as the Home

Rule County Retailers' Occupation Tax Law.

(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17;

100-587, eff. 6-4-18; 100-1171, eff. 1-4-19; revised 1-9-19.)

(55 ILCS 5/5-1006.5)

Sec. 5-1006.5. Special County Retailers' Occupation Tax

For Public Safety, Public Facilities, Mental Health, Substance

Abuse, or Transportation.

(a) The county board of any county may impose a tax upon

all persons engaged in the business of selling tangible

personal property, other than personal property titled or

registered with an agency of this State's government, at retail

in the county on the gross receipts from the sales made in the

course of business to provide revenue to be used exclusively

for public safety, public facility, mental health, substance

abuse, or transportation purposes in that county, if a

proposition for the tax has been submitted to the electors of

that county and approved by a majority of those voting on the

question. If imposed, this tax shall be imposed only in

one-quarter percent increments. By resolution, the county

board may order the proposition to be submitted at any

election. If the tax is imposed for transportation purposes for

expenditures for public highways or as authorized under the

Illinois Highway Code, the county board must publish notice of

the existence of its long-range highway transportation plan as

required or described in Section 5-301 of the Illinois Highway

Code and must make the plan publicly available prior to

approval of the ordinance or resolution imposing the tax. If

the tax is imposed for transportation purposes for expenditures

for passenger rail transportation, the county board must

publish notice of the existence of its long-range passenger

rail transportation plan and must make the plan publicly

available prior to approval of the ordinance or resolution

imposing the tax.

If a tax is imposed for public facilities purposes, then

the name of the project may be included in the proposition at

the discretion of the county board as determined in the

enabling resolution. For example, the "XXX Nursing Home" or the

"YYY Museum".

The county clerk shall certify the question to the proper

election authority, who shall submit the proposition at an

election in accordance with the general election law.

(1) The proposition for public safety purposes shall be

in substantially the following form:

"To pay for public safety purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail."

The county board may also opt to establish a sunset

provision at which time the additional sales tax would

cease being collected, if not terminated earlier by a vote

of the county board. If the county board votes to include a

sunset provision, the proposition for public safety

purposes shall be in substantially the following form:

"To pay for public safety purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate) for a period not to

exceed (insert number of years)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail. If imposed,

the additional tax would cease being collected at the end

of (insert number of years), if not terminated earlier by a

vote of the county board."

For the purposes of the paragraph, "public safety

purposes" means crime prevention, detention, fire

fighting, police, medical, ambulance, or other emergency

services.

Votes shall be recorded as "Yes" or "No".

Beginning on the January 1 or July 1, whichever is

first, that occurs not less than 30 days after May 31, 2015

(the effective date of Public Act 99-4), Adams County may

impose a public safety retailers' occupation tax and

service occupation tax at the rate of 0.25%, as provided in

the referendum approved by the voters on April 7, 2015,

notwithstanding the omission of the additional information

that is otherwise required to be printed on the ballot

below the question pursuant to this item (1).

(2) The proposition for transportation purposes shall

be in substantially the following form:

"To pay for improvements to roads and other

transportation purposes, shall (name of county) be

authorized to impose an increase on its share of local

sales taxes by (insert rate)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail."

The county board may also opt to establish a sunset

provision at which time the additional sales tax would

cease being collected, if not terminated earlier by a vote

of the county board. If the county board votes to include a

sunset provision, the proposition for transportation

purposes shall be in substantially the following form:

"To pay for road improvements and other transportation

purposes, shall (name of county) be authorized to impose an

increase on its share of local sales taxes by (insert rate)

for a period not to exceed (insert number of years)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail. If imposed,

the additional tax would cease being collected at the end

of (insert number of years), if not terminated earlier by a

vote of the county board."

For the purposes of this paragraph, transportation

purposes means construction, maintenance, operation, and

improvement of public highways, any other purpose for which

a county may expend funds under the Illinois Highway Code,

and passenger rail transportation.

The votes shall be recorded as "Yes" or "No".

(3) The proposition for public facilities purposes

shall be in substantially the following form:

"To pay for public facilities purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail."

The county board may also opt to establish a sunset

provision at which time the additional sales tax would

cease being collected, if not terminated earlier by a vote

of the county board. If the county board votes to include a

sunset provision, the proposition for public facilities

purposes shall be in substantially the following form:

"To pay for public facilities purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate) for a period not to

exceed (insert number of years)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail. If imposed,

the additional tax would cease being collected at the end

of (insert number of years), if not terminated earlier by a

vote of the county board."

For purposes of this Section, "public facilities

purposes" means the acquisition, development,

construction, reconstruction, rehabilitation, improvement,

financing, architectural planning, and installation of

capital facilities consisting of buildings, structures,

and durable equipment and for the acquisition and

improvement of real property and interest in real property

required, or expected to be required, in connection with

the public facilities, for use by the county for the

furnishing of governmental services to its citizens,

including but not limited to museums and nursing homes.

The votes shall be recorded as "Yes" or "No".

(4) The proposition for mental health purposes shall be

in substantially the following form:

"To pay for mental health purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail."

The county board may also opt to establish a sunset

provision at which time the additional sales tax would

cease being collected, if not terminated earlier by a vote

of the county board. If the county board votes to include a

sunset provision, the proposition for public facilities

purposes shall be in substantially the following form:

"To pay for mental health purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate) for a period not to

exceed (insert number of years)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail. If imposed,

the additional tax would cease being collected at the end

of (insert number of years), if not terminated earlier by a

vote of the county board."

The votes shall be recorded as "Yes" or "No".

(5) The proposition for substance abuse purposes shall

be in substantially the following form:

"To pay for substance abuse purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail."

The county board may also opt to establish a sunset

provision at which time the additional sales tax would

cease being collected, if not terminated earlier by a vote

of the county board. If the county board votes to include a

sunset provision, the proposition for public facilities

purposes shall be in substantially the following form:

"To pay for substance abuse purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate) for a period not to

exceed (insert number of years)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail. If imposed,

the additional tax would cease being collected at the end

of (insert number of years), if not terminated earlier by a

vote of the county board."

The votes shall be recorded as "Yes" or "No".

If a majority of the electors voting on the proposition

vote in favor of it, the county may impose the tax. A county

may not submit more than one proposition authorized by this

Section to the electors at any one time.

This additional tax may not be imposed on tangible personal

property taxed at the 1% rate under the Retailers' Occupation

Tax Act. The tax imposed by a county under this Section and all

civil penalties that may be assessed as an incident of the tax

shall be collected and enforced by the Illinois Department of

Revenue and deposited into a special fund created for that

purpose. The certificate of registration that is issued by the

Department to a retailer under the Retailers' Occupation Tax

Act shall permit the retailer to engage in a business that is

taxable without registering separately with the Department

under an ordinance or resolution under this Section. The

Department has full power to administer and enforce this

Section, to collect all taxes and penalties due under this

Section, to dispose of taxes and penalties so collected in the

manner provided in this Section, and to determine all rights to

credit memoranda arising on account of the erroneous payment of

a tax or penalty under this Section. In the administration of

and compliance with this Section, the Department and persons

who are subject to this Section shall (i) have the same rights,

remedies, privileges, immunities, powers, and duties, (ii) be

subject to the same conditions, restrictions, limitations,

penalties, and definitions of terms, and (iii) employ the same

modes of procedure as are prescribed in Sections 1, 1a, 1a-1,

1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-70 (in respect to

all provisions contained in those Sections other than the State

rate of tax), 2a, 2b, 2c, 3 (except provisions relating to

transaction returns and quarter monthly payments), 4, 5, 5a,

5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,

7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation

Tax Act and Section 3-7 of the Uniform Penalty and Interest Act

as if those provisions were set forth in this Section.

Persons subject to any tax imposed under the authority

granted in this Section may reimburse themselves for their

sellers' tax liability by separately stating the tax as an

additional charge, which charge may be stated in combination,

in a single amount, with State tax which sellers are required

to collect under the Use Tax Act, pursuant to such bracketed

schedules as the Department may prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the

amount specified and to the person named in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the County Public Safety, Public Facilities,

Mental Health, Substance Abuse, or Transportation Retailers'

Occupation Tax Fund.

(b) If a tax has been imposed under subsection (a), a

service occupation tax shall also be imposed at the same rate

upon all persons engaged, in the county, in the business of

making sales of service, who, as an incident to making those

sales of service, transfer tangible personal property within

the county as an incident to a sale of service. This tax may

not be imposed on tangible personal property taxed at the 1%

rate under the Service Occupation Tax Act. The tax imposed

under this subsection and all civil penalties that may be

assessed as an incident thereof shall be collected and enforced

by the Department of Revenue. The Department has full power to

administer and enforce this subsection; to collect all taxes

and penalties due hereunder; to dispose of taxes and penalties

so collected in the manner hereinafter provided; and to

determine all rights to credit memoranda arising on account of

the erroneous payment of tax or penalty hereunder. In the

administration of, and compliance with this subsection, the

Department and persons who are subject to this paragraph shall

(i) have the same rights, remedies, privileges, immunities,

powers, and duties, (ii) be subject to the same conditions,

restrictions, limitations, penalties, exclusions, exemptions,

and definitions of terms, and (iii) employ the same modes of

procedure as are prescribed in Sections 2 (except that the

reference to State in the definition of supplier maintaining a

place of business in this State shall mean the county), 2a, 2b,

2c, 3 through 3-50 (in respect to all provisions therein other

than the State rate of tax), 4 (except that the reference to

the State shall be to the county), 5, 7, 8 (except that the

jurisdiction to which the tax shall be a debt to the extent

indicated in that Section 8 shall be the county), 9 (except as

to the disposition of taxes and penalties collected), 10, 11,

12 (except the reference therein to Section 2b of the

Retailers' Occupation Tax Act), 13 (except that any reference

to the State shall mean the county), Section 15, 16, 17, 18, 19

and 20 of the Service Occupation Tax Act and Section 3-7 of the

Uniform Penalty and Interest Act, as fully as if those

provisions were set forth herein.

Persons subject to any tax imposed under the authority

granted in this subsection may reimburse themselves for their

serviceman's tax liability by separately stating the tax as an

additional charge, which charge may be stated in combination,

in a single amount, with State tax that servicemen are

authorized to collect under the Service Use Tax Act, in

accordance with such bracket schedules as the Department may

prescribe.

Whenever the Department determines that a refund should be

made under this subsection to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the warrant to be drawn for the

amount specified, and to the person named, in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the County Public Safety, Public Facilities,

Mental Health, Substance Abuse, or Transportation Retailers'

Occupation Fund.

Nothing in this subsection shall be construed to authorize

the county to impose a tax upon the privilege of engaging in

any business which under the Constitution of the United States

may not be made the subject of taxation by the State.

(c) The Department shall immediately pay over to the State

Treasurer, ex officio, as trustee, all taxes and penalties

collected under this Section to be deposited into the County

Public Safety, Public Facilities, Mental Health, Substance

Abuse, or Transportation Retailers' Occupation Tax Fund, which

shall be an unappropriated trust fund held outside of the State

treasury.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to the counties from which

retailers have paid taxes or penalties to the Department during

the second preceding calendar month. The amount to be paid to

each county, and deposited by the county into its special fund

created for the purposes of this Section, shall be the amount

(not including credit memoranda) collected under this Section

during the second preceding calendar month by the Department

plus an amount the Department determines is necessary to offset

any amounts that were erroneously paid to a different taxing

body, and not including (i) an amount equal to the amount of

refunds made during the second preceding calendar month by the

Department on behalf of the county, (ii) any amount that the

Department determines is necessary to offset any amounts that

were payable to a different taxing body but were erroneously

paid to the county, (iii) any amounts that are transferred to

the STAR Bonds Revenue Fund, and (iv) 1.5% of the remainder,

which shall be transferred into the Tax Compliance and

Administration Fund. The Department, at the time of each

monthly disbursement to the counties, shall prepare and certify

to the State Comptroller the amount to be transferred into the

Tax Compliance and Administration Fund under this subsection.

Within 10 days after receipt by the Comptroller of the

disbursement certification to the counties and the Tax

Compliance and Administration Fund provided for in this Section

to be given to the Comptroller by the Department, the

Comptroller shall cause the orders to be drawn for the

respective amounts in accordance with directions contained in

the certification.

In addition to the disbursement required by the preceding

paragraph, an allocation shall be made in March of each year to

each county that received more than $500,000 in disbursements

under the preceding paragraph in the preceding calendar year.

The allocation shall be in an amount equal to the average

monthly distribution made to each such county under the

preceding paragraph during the preceding calendar year

(excluding the 2 months of highest receipts). The distribution

made in March of each year subsequent to the year in which an

allocation was made pursuant to this paragraph and the

preceding paragraph shall be reduced by the amount allocated

and disbursed under this paragraph in the preceding calendar

year. The Department shall prepare and certify to the

Comptroller for disbursement the allocations made in

accordance with this paragraph.

A county may direct, by ordinance, that all or a portion of

the taxes and penalties collected under the Special County

Retailers' Occupation Tax For Public Safety, Public

Facilities, Mental Health, Substance Abuse, or Transportation

be deposited into the Transportation Development Partnership

Trust Fund.

(d) For the purpose of determining the local governmental

unit whose tax is applicable, a retail sale by a producer of

coal or another mineral mined in Illinois is a sale at retail

at the place where the coal or other mineral mined in Illinois

is extracted from the earth. This paragraph does not apply to

coal or another mineral when it is delivered or shipped by the

seller to the purchaser at a point outside Illinois so that the

sale is exempt under the United States Constitution as a sale

in interstate or foreign commerce.

(e) Nothing in this Section shall be construed to authorize

a county to impose a tax upon the privilege of engaging in any

business that under the Constitution of the United States may

not be made the subject of taxation by this State.

(e-5) If a county imposes a tax under this Section, the

county board may, by ordinance, discontinue or lower the rate

of the tax. If the county board lowers the tax rate or

discontinues the tax, a referendum must be held in accordance

with subsection (a) of this Section in order to increase the

rate of the tax or to reimpose the discontinued tax.

(f) Beginning April 1, 1998 and through December 31, 2013,

the results of any election authorizing a proposition to impose

a tax under this Section or effecting a change in the rate of

tax, or any ordinance lowering the rate or discontinuing the

tax, shall be certified by the county clerk and filed with the

Illinois Department of Revenue either (i) on or before the

first day of April, whereupon the Department shall proceed to

administer and enforce the tax as of the first day of July next

following the filing; or (ii) on or before the first day of

October, whereupon the Department shall proceed to administer

and enforce the tax as of the first day of January next

following the filing.

Beginning January 1, 2014, the results of any election

authorizing a proposition to impose a tax under this Section or

effecting an increase in the rate of tax, along with the

ordinance adopted to impose the tax or increase the rate of the

tax, or any ordinance adopted to lower the rate or discontinue

the tax, shall be certified by the county clerk and filed with

the Illinois Department of Revenue either (i) on or before the

first day of May, whereupon the Department shall proceed to

administer and enforce the tax as of the first day of July next

following the adoption and filing; or (ii) on or before the

first day of October, whereupon the Department shall proceed to

administer and enforce the tax as of the first day of January

next following the adoption and filing.

(g) When certifying the amount of a monthly disbursement to

a county under this Section, the Department shall increase or

decrease the amounts by an amount necessary to offset any

miscalculation of previous disbursements. The offset amount

shall be the amount erroneously disbursed within the previous 6

months from the time a miscalculation is discovered.

(h) This Section may be cited as the "Special County

Occupation Tax For Public Safety, Public Facilities, Mental

Health, Substance Abuse, or Transportation Law".

(i) For purposes of this Section, "public safety" includes,

but is not limited to, crime prevention, detention, fire

fighting, police, medical, ambulance, or other emergency

services. The county may share tax proceeds received under this

Section for public safety purposes, including proceeds

received before August 4, 2009 (the effective date of Public

Act 96-124), with any fire protection district located in the

county. For the purposes of this Section, "transportation"

includes, but is not limited to, the construction, maintenance,

operation, and improvement of public highways, any other

purpose for which a county may expend funds under the Illinois

Highway Code, and passenger rail transportation. For the

purposes of this Section, "public facilities purposes"

includes, but is not limited to, the acquisition, development,

construction, reconstruction, rehabilitation, improvement,

financing, architectural planning, and installation of capital

facilities consisting of buildings, structures, and durable

equipment and for the acquisition and improvement of real

property and interest in real property required, or expected to

be required, in connection with the public facilities, for use

by the county for the furnishing of governmental services to

its citizens, including but not limited to museums and nursing

homes.

(j) The Department may promulgate rules to implement Public

Act 95-1002 only to the extent necessary to apply the existing

rules for the Special County Retailers' Occupation Tax for

Public Safety to this new purpose for public facilities.

(Source: P.A. 99-4, eff. 5-31-15; 99-217, eff. 7-31-15; 99-642,

eff. 7-28-16; 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

100-1167, eff. 1-4-19; 100-1171, eff. 1-4-19; revised 1-9-19.)

(55 ILCS 5/5-1007) (from Ch. 34, par. 5-1007)

Sec. 5-1007. Home Rule County Service Occupation Tax Law.

The corporate authorities of a home rule county may impose a

tax upon all persons engaged, in such county, in the business

of making sales of service at the same rate of tax imposed

pursuant to Section 5-1006 of the selling price of all tangible

personal property transferred by such servicemen either in the

form of tangible personal property or in the form of real

estate as an incident to a sale of service. If imposed, such

tax shall only be imposed in 1/4% increments. On and after

September 1, 1991, this additional tax may not be imposed on

tangible personal property taxed at the 1% rate under the

Service Occupation Tax Act. The tax imposed by a home rule

county pursuant to this Section and all civil penalties that

may be assessed as an incident thereof shall be collected and

enforced by the State Department of Revenue. The certificate of

registration which is issued by the Department to a retailer

under the Retailers' Occupation Tax Act or under the Service

Occupation Tax Act shall permit such registrant to engage in a

business which is taxable under any ordinance or resolution

enacted pursuant to this Section without registering

separately with the Department under such ordinance or

resolution or under this Section. The Department shall have

full power to administer and enforce this Section; to collect

all taxes and penalties due hereunder; to dispose of taxes and

penalties so collected in the manner hereinafter provided; and

to determine all rights to credit memoranda arising on account

of the erroneous payment of tax or penalty hereunder. In the

administration of, and compliance with, this Section the

Department and persons who are subject to this Section shall

have the same rights, remedies, privileges, immunities, powers

and duties, and be subject to the same conditions,

restrictions, limitations, penalties and definitions of terms,

and employ the same modes of procedure, as are prescribed in

Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all

provisions therein other than the State rate of tax), 4 (except

that the reference to the State shall be to the taxing county),

5, 7, 8 (except that the jurisdiction to which the tax shall be

a debt to the extent indicated in that Section 8 shall be the

taxing county), 9 (except as to the disposition of taxes and

penalties collected, and except that the returned merchandise

credit for this county tax may not be taken against any State

tax), 10, 11, 12 (except the reference therein to Section 2b of

the Retailers' Occupation Tax Act), 13 (except that any

reference to the State shall mean the taxing county), the first

paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service

Occupation Tax Act and Section 3-7 of the Uniform Penalty and

Interest Act, as fully as if those provisions were set forth

herein.

No tax may be imposed by a home rule county pursuant to

this Section unless such county also imposes a tax at the same

rate pursuant to Section 5-1006.

Persons subject to any tax imposed pursuant to the

authority granted in this Section may reimburse themselves for

their serviceman's tax liability hereunder by separately

stating such tax as an additional charge, which charge may be

stated in combination, in a single amount, with State tax which

servicemen are authorized to collect under the Service Use Tax

Act, pursuant to such bracket schedules as the Department may

prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant instead of issuing credit

memorandum, the Department shall notify the State Comptroller,

who shall cause the order to be drawn for the amount specified,

and to the person named, in such notification from the

Department. Such refund shall be paid by the State Treasurer

out of the home rule county retailers' occupation tax fund.

The Department shall forthwith pay over to the State

Treasurer, ex officio ex-officio, as trustee, all taxes and

penalties collected hereunder.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named counties, the

counties to be those from which suppliers and servicemen have

paid taxes or penalties hereunder to the Department during the

second preceding calendar month. The amount to be paid to each

county shall be the amount (not including credit memoranda)

collected hereunder during the second preceding calendar month

by the Department, and not including an amount equal to the

amount of refunds made during the second preceding calendar

month by the Department on behalf of such county, and not

including any amounts that are transferred to the STAR Bonds

Revenue Fund, less 1.5% of the remainder, which the Department

shall transfer into the Tax Compliance and Administration Fund.

The Department, at the time of each monthly disbursement to the

counties, shall prepare and certify to the State Comptroller

the amount to be transferred into the Tax Compliance and

Administration Fund under this Section. Within 10 days after

receipt, by the Comptroller, of the disbursement certification

to the counties and the Tax Compliance and Administration Fund

provided for in this Section to be given to the Comptroller by

the Department, the Comptroller shall cause the orders to be

drawn for the respective amounts in accordance with the

directions contained in such certification.

In addition to the disbursement required by the preceding

paragraph, an allocation shall be made in each year to each

county which received more than $500,000 in disbursements under

the preceding paragraph in the preceding calendar year. The

allocation shall be in an amount equal to the average monthly

distribution made to each such county under the preceding

paragraph during the preceding calendar year (excluding the 2

months of highest receipts). The distribution made in March of

each year subsequent to the year in which an allocation was

made pursuant to this paragraph and the preceding paragraph

shall be reduced by the amount allocated and disbursed under

this paragraph in the preceding calendar year. The Department

shall prepare and certify to the Comptroller for disbursement

the allocations made in accordance with this paragraph.

Nothing in this Section shall be construed to authorize a

county to impose a tax upon the privilege of engaging in any

business which under the Constitution of the United States may

not be made the subject of taxation by this State.

An ordinance or resolution imposing or discontinuing a tax

hereunder or effecting a change in the rate thereof shall be

adopted and a certified copy thereof filed with the Department

on or before the first day of June, whereupon the Department

shall proceed to administer and enforce this Section as of the

first day of September next following such adoption and filing.

Beginning January 1, 1992, an ordinance or resolution imposing

or discontinuing the tax hereunder or effecting a change in the

rate thereof shall be adopted and a certified copy thereof

filed with the Department on or before the first day of July,

whereupon the Department shall proceed to administer and

enforce this Section as of the first day of October next

following such adoption and filing. Beginning January 1, 1993,

an ordinance or resolution imposing or discontinuing the tax

hereunder or effecting a change in the rate thereof shall be

adopted and a certified copy thereof filed with the Department

on or before the first day of October, whereupon the Department

shall proceed to administer and enforce this Section as of the

first day of January next following such adoption and filing.

Beginning April 1, 1998, an ordinance or resolution imposing or

discontinuing the tax hereunder or effecting a change in the

rate thereof shall either (i) be adopted and a certified copy

thereof filed with the Department on or before the first day of

April, whereupon the Department shall proceed to administer and

enforce this Section as of the first day of July next following

the adoption and filing; or (ii) be adopted and a certified

copy thereof filed with the Department on or before the first

day of October, whereupon the Department shall proceed to

administer and enforce this Section as of the first day of

January next following the adoption and filing.

This Section shall be known and may be cited as the Home

Rule County Service Occupation Tax Law.

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

100-1171, eff. 1-4-19; revised 1-9-19.)

(55 ILCS 5/5-1069.3)

Sec. 5-1069.3. Required health benefits. If a county,

including a home rule county, is a self-insurer for purposes of

providing health insurance coverage for its employees, the

coverage shall include coverage for the post-mastectomy care

benefits required to be covered by a policy of accident and

health insurance under Section 356t and the coverage required

under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,

356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,

356z.14, 356z.15, 356z.22, 356z.25, and 356z.26, and 356z.29,

and 356z.32 of the Illinois Insurance Code. The coverage shall

comply with Sections 155.22a, 355b, 356z.19, and 370c of the

Illinois Insurance Code. The Department of Insurance shall

enforce the requirements of this Section. The requirement that

health benefits be covered as provided in this Section is an

exclusive power and function of the State and is a denial and

limitation under Article VII, Section 6, subsection (h) of the

Illinois Constitution. A home rule county to which this Section

applies must comply with every provision of this Section.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;

100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.

1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised

10-3-18.)

(55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)

Sec. 5-30004. Authority to protect and preserve landmarks

and preservation districts. The county board of each county

shall have the following authority:

(1) to establish and appoint by ordinance a

preservation study committee and to take any reasonable

temporary actions to protect potential landmarks and

preservation districts during the term of an appointed

preservation study committee;

(2) to establish and appoint by ordinance a

preservation commission upon recommendation of a

preservation study committee;

(3) to conduct an ongoing survey of the county to

identify buildings, structures, areas, sites and

landscapes that are of historic, archaeological,

architectural, or scenic significance, and therefore

potential landmarks or preservation districts;

(4) to designate by ordinance landmarks and

preservation districts upon the recommendation of a

preservation commission and to establish a system of

markers, plaques or certificates for designated landmarks

and preservation districts;

(5) to prepare maps showing the location of landmarks

and preservation districts, publish educational

information, and prepare educational programs concerning

landmarks and preservation districts and their designation

and protection;

(6) to exercise any of the powers and authority in

relation to regional planning and zoning granted counties

by Divisions 5-12 and 5-14, for the purpose of protecting,

preserving, and continuing the use of landmarks and

preservation districts;

(7) to nominate landmarks and historic districts to any

state or federal registers of historic places;

(8) to appropriate and expend funds to carry out the

purposes of this Division;

(9) to review applications for construction,

alteration, removal or demolition affecting landmarks or

property within preservation districts;

(10) to acquire by negotiated purchase any interest

including conservation rights in landmarks or in property

within preservation districts, or property immediately

adjacent to or surrounding landmarks or preservation

districts;

(11) to apply for and accept any gift, grant or bequest

from any private or public source, including agencies of

the federal or State government, for any purpose authorized

by this Division;

(12) to establish a system for the transfer of

development rights including, as appropriate, a mechanism

for the deposit of development rights in a development

rights bank, and for the transfer of development rights

from that development rights bank in the same manner as

authorized for municipalities by Section 11-48.2-2 of the

Illinois Municipal Code. All receipts arising from the

transfer shall be deposited in a special county account to

be applied against expenditures necessitated by the county

program for the designation and protection of landmarks and

preservation districts. Any development rights acquired,

sold or transferred from a development rights bank, shall

not be a "security" as that term is defined in Section 2.1

of the Illinois Securities Law of 1953, and shall be exempt

from all requirements for the registration of securities.

(13) to establish a loan or grant program from any

source of funds for designated landmarks and preservation

districts and to issue interest bearing revenue bonds or

general obligation bonds pursuant to ordinance enacted by

the county board, after compliance with requirements for

referendum, payable from the revenues to be derived from

the operation of any landmark or of any property within a

preservation district;

(14) to abate real property taxes on any landmark or

property within a preservation district to encourage its

preservation and continued use or to provide relief for

owners unduly burdened by designation;

(15) to advise and assist owners of landmarks and

property within preservation districts on physical and

financial aspects of preservation, renovation,

rehabilitation, and reuse;

(16) to advise cities, villages, or incorporated

towns, upon request of the appropriate official of the

municipality, concerning enactment of ordinances to

protect landmarks or preservation districts;

(17) to exercise within the boundaries of any city,

village, or incorporated town any of the powers and

authority granted counties by this Division so long as the

corporate authorities by ordinance or by intergovernmental

agreement pursuant to the Intergovernmental Cooperation

Act, or pursuant to Article VII 7, Section 10 of the

Constitution of the State of Illinois have authorized the

county preservation commission established by authority of

this Division to designate landmarks or preservation

districts within its corporate boundaries, and such county

preservation commission shall have only those powers,

duties, and legal authority provided in this Division;

(18) to exercise any of the above powers to preserve

and protect property owned by any unit of local government

including counties, or to review alteration, construction,

demolition, or removal undertaken by any unit of local

government including counties that affect landmarks and

preservation districts.

(19) to exercise any other power or authority necessary

or appropriate to carrying out the purposes of this

Division, including those powers and authorities listed in

Sections 5-30010 and 5-30011.

(Source: P.A. 90-655, eff. 7-30-98; revised 9-28-18.)

Section 335. The Children's Advocacy Center Act is amended

by changing Section 2.5 as follows:

(55 ILCS 80/2.5)

Sec. 2.5. Definitions. As used in this Section:

"Accreditation" means the process in which certification

of competency, authority, or credibility is presented by

standards set by the National Children's Alliance to ensure

effective, efficient and consistent delivery of services by a

CAC.

"Child maltreatment" includes any act or occurrence, as

defined in Section 5 of the Criminal Code of 2012, under the

Children and Family Services Act or the Juvenile Court Act of

1987 involving either a child victim or child witness.

"Children's Advocacy Center" or "CAC" is a child-focused,

trauma-informed, facility-based program in which

representatives from law enforcement, child protection,

prosecution, mental health, forensic interviewing, medical,

and victim advocacy disciplines collaborate to interview

children, meet with a child's parent or parents, caregivers,

and family members, and make team decisions about the

investigation, prosecution, safety, treatment, and support

services for child maltreatment cases.

"Children's Advocacy Centers of Illinois" or "CACI" is a

state chapter of the National Children's Alliance ("NCA") and

organizing entity for Children's Advocacy Centers in the State

of Illinois. It defines membership and engages member CACs in

the NCA accreditation process and collecting and sharing of

data, and provides training, leadership, and technical

assistance to existing and emerging CACs in the State.

"Forensic interview" means an interview between a trained

forensic interviewer, as defined by NCA standards, and a child

in which the interviewer obtains information from children in

an unbiased and fact finding manner that is developmentally

appropriate and culturally sensitive to support accurate and

fair decision making by the multidisciplinary team in the

criminal justice and child protection systems. Whenever

practical, all parties involved in investigating reports of

child maltreatment shall observe the interview, which shall be

digitally recorded.

"Multidisciplinary team" or "MDT" means a group of

professionals working collaboratively under a written

protocol, who represent various disciplines from the point of a

report of child maltreatment to assure the most effective

coordinated response possible for every child. Employees from

each participating entity shall be included on the MDT. A CAC's

MDT must include professionals involved in the coordination,

investigation, and prosecution of child abuse cases, including

the CAC's staff, participating law enforcement agencies, the

county state's attorney, and the Illinois Department of

Children and Family Services, and must include professionals

involved in the delivery of services to victims of child

maltreatment and non-offending parent or parents, caregiver,

and their families.

"National Children's Alliance" or "NCA" means the

professional membership organization dedicated to helping

local communities respond to allegations of child abuse in an

effective and efficient manner. NCA provides training,

support, technical assistance and leadership on a national

level to state and local CACs and communities responding to

reports of child maltreatment. NCA is the national organization

that provides the standards for CAC accreditation.

"Protocol" means a written methodology defining the

responsibilities of each of the MDT members in the

investigation and prosecution of child maltreatment within a

defined jurisdiction. Written protocols are signed documents

and are reviewed and/or updated annually, at a minimum, by a

CAC's Advisory Board.

(Source: P.A. 98-809, eff. 1-1-15; revised 9-28-18.)

Section 340. The Township Code is amended by renumbering

Section 7-27 as follows:

(60 ILCS 1/70-27)

Sec. 70-27 7-27. Attestation to funds endorsed by the

supervisor. If a township supervisor issues a payout of funds

from the township treasury, the township clerk shall attest to

such payment.

(Source: P.A. 100-983, eff. 1-1-19; revised 1-15-19.)

Section 345. The Illinois Municipal Code is amended by

changing Sections 8-11-1, 8-11-1.3, 8-11-1.4, 8-11-1.6,

8-11-1.7, 8-11-5, 10-2.1-4, 10-3-12, and 10-4-2.3 as follows:

(65 ILCS 5/8-11-1) (from Ch. 24, par. 8-11-1)

Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax

Act. The corporate authorities of a home rule municipality may

impose a tax upon all persons engaged in the business of

selling tangible personal property, other than an item of

tangible personal property titled or registered with an agency

of this State's government, at retail in the municipality on

the gross receipts from these sales made in the course of such

business. If imposed, the tax shall only be imposed in 1/4%

increments. On and after September 1, 1991, this additional tax

may not be imposed on tangible personal property taxed at the

1% rate under the Retailers' Occupation Tax Act. The tax

imposed by a home rule municipality under this Section and all

civil penalties that may be assessed as an incident of the tax

shall be collected and enforced by the State Department of

Revenue. The certificate of registration that is issued by the

Department to a retailer under the Retailers' Occupation Tax

Act shall permit the retailer to engage in a business that is

taxable under any ordinance or resolution enacted pursuant to

this Section without registering separately with the

Department under such ordinance or resolution or under this

Section. The Department shall have full power to administer and

enforce this Section; to collect all taxes and penalties due

hereunder; to dispose of taxes and penalties so collected in

the manner hereinafter provided; and to determine all rights to

credit memoranda arising on account of the erroneous payment of

tax or penalty hereunder. In the administration of, and

compliance with, this Section the Department and persons who

are subject to this Section shall have the same rights,

remedies, privileges, immunities, powers and duties, and be

subject to the same conditions, restrictions, limitations,

penalties and definitions of terms, and employ the same modes

of procedure, as are prescribed in Sections 1, 1a, 1d, 1e, 1f,

1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all

provisions therein other than the State rate of tax), 2c, 3

(except as to the disposition of taxes and penalties

collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,

5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the

Retailers' Occupation Tax Act and Section 3-7 of the Uniform

Penalty and Interest Act, as fully as if those provisions were

set forth herein.

No tax may be imposed by a home rule municipality under

this Section unless the municipality also imposes a tax at the

same rate under Section 8-11-5 of this Act.

Persons subject to any tax imposed under the authority

granted in this Section may reimburse themselves for their

seller's tax liability hereunder by separately stating that tax

as an additional charge, which charge may be stated in

combination, in a single amount, with State tax which sellers

are required to collect under the Use Tax Act, pursuant to such

bracket schedules as the Department may prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the

amount specified and to the person named in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the home rule municipal retailers' occupation

tax fund.

The Department shall immediately pay over to the State

Treasurer, ex officio, as trustee, all taxes and penalties

collected hereunder.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named municipalities,

the municipalities to be those from which retailers have paid

taxes or penalties hereunder to the Department during the

second preceding calendar month. The amount to be paid to each

municipality shall be the amount (not including credit

memoranda) collected hereunder during the second preceding

calendar month by the Department plus an amount the Department

determines is necessary to offset any amounts that were

erroneously paid to a different taxing body, and not including

an amount equal to the amount of refunds made during the second

preceding calendar month by the Department on behalf of such

municipality, and not including any amount that the Department

determines is necessary to offset any amounts that were payable

to a different taxing body but were erroneously paid to the

municipality, and not including any amounts that are

transferred to the STAR Bonds Revenue Fund, less 1.5% of the

remainder, which the Department shall transfer into the Tax

Compliance and Administration Fund. The Department, at the time

of each monthly disbursement to the municipalities, shall

prepare and certify to the State Comptroller the amount to be

transferred into the Tax Compliance and Administration Fund

under this Section. Within 10 days after receipt by the

Comptroller of the disbursement certification to the

municipalities and the Tax Compliance and Administration Fund

provided for in this Section to be given to the Comptroller by

the Department, the Comptroller shall cause the orders to be

drawn for the respective amounts in accordance with the

directions contained in the certification.

In addition to the disbursement required by the preceding

paragraph and in order to mitigate delays caused by

distribution procedures, an allocation shall, if requested, be

made within 10 days after January 14, 1991, and in November of

1991 and each year thereafter, to each municipality that

received more than $500,000 during the preceding fiscal year,

(July 1 through June 30) whether collected by the municipality

or disbursed by the Department as required by this Section.

Within 10 days after January 14, 1991, participating

municipalities shall notify the Department in writing of their

intent to participate. In addition, for the initial

distribution, participating municipalities shall certify to

the Department the amounts collected by the municipality for

each month under its home rule occupation and service

occupation tax during the period July 1, 1989 through June 30,

1990. The allocation within 10 days after January 14, 1991,

shall be in an amount equal to the monthly average of these

amounts, excluding the 2 months of highest receipts. The

monthly average for the period of July 1, 1990 through June 30,

1991 will be determined as follows: the amounts collected by

the municipality under its home rule occupation and service

occupation tax during the period of July 1, 1990 through

September 30, 1990, plus amounts collected by the Department

and paid to such municipality through June 30, 1991, excluding

the 2 months of highest receipts. The monthly average for each

subsequent period of July 1 through June 30 shall be an amount

equal to the monthly distribution made to each such

municipality under the preceding paragraph during this period,

excluding the 2 months of highest receipts. The distribution

made in November 1991 and each year thereafter under this

paragraph and the preceding paragraph shall be reduced by the

amount allocated and disbursed under this paragraph in the

preceding period of July 1 through June 30. The Department

shall prepare and certify to the Comptroller for disbursement

the allocations made in accordance with this paragraph.

For the purpose of determining the local governmental unit

whose tax is applicable, a retail sale by a producer of coal or

other mineral mined in Illinois is a sale at retail at the

place where the coal or other mineral mined in Illinois is

extracted from the earth. This paragraph does not apply to coal

or other mineral when it is delivered or shipped by the seller

to the purchaser at a point outside Illinois so that the sale

is exempt under the United States Constitution as a sale in

interstate or foreign commerce.

Nothing in this Section shall be construed to authorize a

municipality to impose a tax upon the privilege of engaging in

any business which under the Constitution of the United States

may not be made the subject of taxation by this State.

An ordinance or resolution imposing or discontinuing a tax

hereunder or effecting a change in the rate thereof shall be

adopted and a certified copy thereof filed with the Department

on or before the first day of June, whereupon the Department

shall proceed to administer and enforce this Section as of the

first day of September next following the adoption and filing.

Beginning January 1, 1992, an ordinance or resolution imposing

or discontinuing the tax hereunder or effecting a change in the

rate thereof shall be adopted and a certified copy thereof

filed with the Department on or before the first day of July,

whereupon the Department shall proceed to administer and

enforce this Section as of the first day of October next

following such adoption and filing. Beginning January 1, 1993,

an ordinance or resolution imposing or discontinuing the tax

hereunder or effecting a change in the rate thereof shall be

adopted and a certified copy thereof filed with the Department

on or before the first day of October, whereupon the Department

shall proceed to administer and enforce this Section as of the

first day of January next following the adoption and filing.

However, a municipality located in a county with a population

in excess of 3,000,000 that elected to become a home rule unit

at the general primary election in 1994 may adopt an ordinance

or resolution imposing the tax under this Section and file a

certified copy of the ordinance or resolution with the

Department on or before July 1, 1994. The Department shall then

proceed to administer and enforce this Section as of October 1,

1994. Beginning April 1, 1998, an ordinance or resolution

imposing or discontinuing the tax hereunder or effecting a

change in the rate thereof shall either (i) be adopted and a

certified copy thereof filed with the Department on or before

the first day of April, whereupon the Department shall proceed

to administer and enforce this Section as of the first day of

July next following the adoption and filing; or (ii) be adopted

and a certified copy thereof filed with the Department on or

before the first day of October, whereupon the Department shall

proceed to administer and enforce this Section as of the first

day of January next following the adoption and filing.

When certifying the amount of a monthly disbursement to a

municipality under this Section, the Department shall increase

or decrease the amount by an amount necessary to offset any

misallocation of previous disbursements. The offset amount

shall be the amount erroneously disbursed within the previous 6

months from the time a misallocation is discovered.

Any unobligated balance remaining in the Municipal

Retailers' Occupation Tax Fund on December 31, 1989, which fund

was abolished by Public Act 85-1135, and all receipts of

municipal tax as a result of audits of liability periods prior

to January 1, 1990, shall be paid into the Local Government Tax

Fund for distribution as provided by this Section prior to the

enactment of Public Act 85-1135. All receipts of municipal tax

as a result of an assessment not arising from an audit, for

liability periods prior to January 1, 1990, shall be paid into

the Local Government Tax Fund for distribution before July 1,

1990, as provided by this Section prior to the enactment of

Public Act 85-1135; and on and after July 1, 1990, all such

receipts shall be distributed as provided in Section 6z-18 of

the State Finance Act.

As used in this Section, "municipal" and "municipality"

means a city, village or incorporated town, including an

incorporated town that has superseded a civil township.

This Section shall be known and may be cited as the Home

Rule Municipal Retailers' Occupation Tax Act.

(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17;

100-587, eff. 6-4-18; 100-1171, eff. 1-4-19; revised 1-9-19.)

(65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)

Sec. 8-11-1.3. Non-Home Rule Municipal Retailers'

Occupation Tax Act. The corporate authorities of a non-home

rule municipality may impose a tax upon all persons engaged in

the business of selling tangible personal property, other than

on an item of tangible personal property which is titled and

registered by an agency of this State's Government, at retail

in the municipality for expenditure on public infrastructure or

for property tax relief or both as defined in Section 8-11-1.2

if approved by referendum as provided in Section 8-11-1.1, of

the gross receipts from such sales made in the course of such

business. If the tax is approved by referendum on or after July

14, 2010 (the effective date of Public Act 96-1057), the

corporate authorities of a non-home rule municipality may,

until December 31, 2020, use the proceeds of the tax for

expenditure on municipal operations, in addition to or in lieu

of any expenditure on public infrastructure or for property tax

relief. The tax imposed may not be more than 1% and may be

imposed only in 1/4% increments. The tax may not be imposed on

tangible personal property taxed at the 1% rate under the

Retailers' Occupation Tax Act. The tax imposed by a

municipality pursuant to this Section and all civil penalties

that may be assessed as an incident thereof shall be collected

and enforced by the State Department of Revenue. The

certificate of registration which is issued by the Department

to a retailer under the Retailers' Occupation Tax Act shall

permit such retailer to engage in a business which is taxable

under any ordinance or resolution enacted pursuant to this

Section without registering separately with the Department

under such ordinance or resolution or under this Section. The

Department shall have full power to administer and enforce this

Section; to collect all taxes and penalties due hereunder; to

dispose of taxes and penalties so collected in the manner

hereinafter provided, and to determine all rights to credit

memoranda, arising on account of the erroneous payment of tax

or penalty hereunder. In the administration of, and compliance

with, this Section, the Department and persons who are subject

to this Section shall have the same rights, remedies,

privileges, immunities, powers and duties, and be subject to

the same conditions, restrictions, limitations, penalties and

definitions of terms, and employ the same modes of procedure,

as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j,

2 through 2-65 (in respect to all provisions therein other than

the State rate of tax), 2c, 3 (except as to the disposition of

taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,

5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12

and 13 of the Retailers' Occupation Tax Act and Section 3-7 of

the Uniform Penalty and Interest Act as fully as if those

provisions were set forth herein.

No municipality may impose a tax under this Section unless

the municipality also imposes a tax at the same rate under

Section 8-11-1.4 of this Code.

Persons subject to any tax imposed pursuant to the

authority granted in this Section may reimburse themselves for

their seller's tax liability hereunder by separately stating

such tax as an additional charge, which charge may be stated in

combination, in a single amount, with State tax which sellers

are required to collect under the Use Tax Act, pursuant to such

bracket schedules as the Department may prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the

amount specified, and to the person named, in such notification

from the Department. Such refund shall be paid by the State

Treasurer out of the non-home rule municipal retailers'

occupation tax fund.

The Department shall forthwith pay over to the State

Treasurer, ex officio, as trustee, all taxes and penalties

collected hereunder.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named municipalities,

the municipalities to be those from which retailers have paid

taxes or penalties hereunder to the Department during the

second preceding calendar month. The amount to be paid to each

municipality shall be the amount (not including credit

memoranda) collected hereunder during the second preceding

calendar month by the Department plus an amount the Department

determines is necessary to offset any amounts which were

erroneously paid to a different taxing body, and not including

an amount equal to the amount of refunds made during the second

preceding calendar month by the Department on behalf of such

municipality, and not including any amount which the Department

determines is necessary to offset any amounts which were

payable to a different taxing body but were erroneously paid to

the municipality, and not including any amounts that are

transferred to the STAR Bonds Revenue Fund, less 1.5% of the

remainder, which the Department shall transfer into the Tax

Compliance and Administration Fund. The Department, at the time

of each monthly disbursement to the municipalities, shall

prepare and certify to the State Comptroller the amount to be

transferred into the Tax Compliance and Administration Fund

under this Section. Within 10 days after receipt, by the

Comptroller, of the disbursement certification to the

municipalities and the Tax Compliance and Administration Fund

provided for in this Section to be given to the Comptroller by

the Department, the Comptroller shall cause the orders to be

drawn for the respective amounts in accordance with the

directions contained in such certification.

For the purpose of determining the local governmental unit

whose tax is applicable, a retail sale, by a producer of coal

or other mineral mined in Illinois, is a sale at retail at the

place where the coal or other mineral mined in Illinois is

extracted from the earth. This paragraph does not apply to coal

or other mineral when it is delivered or shipped by the seller

to the purchaser at a point outside Illinois so that the sale

is exempt under the Federal Constitution as a sale in

interstate or foreign commerce.

Nothing in this Section shall be construed to authorize a

municipality to impose a tax upon the privilege of engaging in

any business which under the constitution of the United States

may not be made the subject of taxation by this State.

When certifying the amount of a monthly disbursement to a

municipality under this Section, the Department shall increase

or decrease such amount by an amount necessary to offset any

misallocation of previous disbursements. The offset amount

shall be the amount erroneously disbursed within the previous 6

months from the time a misallocation is discovered.

The Department of Revenue shall implement Public Act 91-649

this amendatory Act of the 91st General Assembly so as to

collect the tax on and after January 1, 2002.

As used in this Section, "municipal" and "municipality"

means a city, village or incorporated town, including an

incorporated town which has superseded a civil township.

This Section shall be known and may be cited as the

"Non-Home Rule Municipal Retailers' Occupation Tax Act".

(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17;

100-587, eff. 6-4-18; 100-1171, eff. 1-4-19; revised 1-9-19.)

(65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)

Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation

Tax Act. The corporate authorities of a non-home rule

municipality may impose a tax upon all persons engaged, in such

municipality, in the business of making sales of service for

expenditure on public infrastructure or for property tax relief

or both as defined in Section 8-11-1.2 if approved by

referendum as provided in Section 8-11-1.1, of the selling

price of all tangible personal property transferred by such

servicemen either in the form of tangible personal property or

in the form of real estate as an incident to a sale of service.

If the tax is approved by referendum on or after July 14, 2010

(the effective date of Public Act 96-1057), the corporate

authorities of a non-home rule municipality may, until December

31, 2020, use the proceeds of the tax for expenditure on

municipal operations, in addition to or in lieu of any

expenditure on public infrastructure or for property tax

relief. The tax imposed may not be more than 1% and may be

imposed only in 1/4% increments. The tax may not be imposed on

tangible personal property taxed at the 1% rate under the

Service Occupation Tax Act. The tax imposed by a municipality

pursuant to this Section and all civil penalties that may be

assessed as an incident thereof shall be collected and enforced

by the State Department of Revenue. The certificate of

registration which is issued by the Department to a retailer

under the Retailers' Occupation Tax Act or under the Service

Occupation Tax Act shall permit such registrant to engage in a

business which is taxable under any ordinance or resolution

enacted pursuant to this Section without registering

separately with the Department under such ordinance or

resolution or under this Section. The Department shall have

full power to administer and enforce this Section; to collect

all taxes and penalties due hereunder; to dispose of taxes and

penalties so collected in the manner hereinafter provided, and

to determine all rights to credit memoranda arising on account

of the erroneous payment of tax or penalty hereunder. In the

administration of, and compliance with, this Section the

Department and persons who are subject to this Section shall

have the same rights, remedies, privileges, immunities, powers

and duties, and be subject to the same conditions,

restrictions, limitations, penalties and definitions of terms,

and employ the same modes of procedure, as are prescribed in

Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all

provisions therein other than the State rate of tax), 4 (except

that the reference to the State shall be to the taxing

municipality), 5, 7, 8 (except that the jurisdiction to which

the tax shall be a debt to the extent indicated in that Section

8 shall be the taxing municipality), 9 (except as to the

disposition of taxes and penalties collected, and except that

the returned merchandise credit for this municipal tax may not

be taken against any State tax), 10, 11, 12 (except the

reference therein to Section 2b of the Retailers' Occupation

Tax Act), 13 (except that any reference to the State shall mean

the taxing municipality), the first paragraph of Section 15,

16, 17, 18, 19 and 20 of the Service Occupation Tax Act and

Section 3-7 of the Uniform Penalty and Interest Act, as fully

as if those provisions were set forth herein.

No municipality may impose a tax under this Section unless

the municipality also imposes a tax at the same rate under

Section 8-11-1.3 of this Code.

Persons subject to any tax imposed pursuant to the

authority granted in this Section may reimburse themselves for

their serviceman's tax liability hereunder by separately

stating such tax as an additional charge, which charge may be

stated in combination, in a single amount, with State tax which

servicemen are authorized to collect under the Service Use Tax

Act, pursuant to such bracket schedules as the Department may

prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant instead of issuing credit

memorandum, the Department shall notify the State Comptroller,

who shall cause the order to be drawn for the amount specified,

and to the person named, in such notification from the

Department. Such refund shall be paid by the State Treasurer

out of the municipal retailers' occupation tax fund.

The Department shall forthwith pay over to the State

Treasurer, ex officio, as trustee, all taxes and penalties

collected hereunder.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named municipalities,

the municipalities to be those from which suppliers and

servicemen have paid taxes or penalties hereunder to the

Department during the second preceding calendar month. The

amount to be paid to each municipality shall be the amount (not

including credit memoranda) collected hereunder during the

second preceding calendar month by the Department, and not

including an amount equal to the amount of refunds made during

the second preceding calendar month by the Department on behalf

of such municipality, and not including any amounts that are

transferred to the STAR Bonds Revenue Fund, less 1.5% of the

remainder, which the Department shall transfer into the Tax

Compliance and Administration Fund. The Department, at the time

of each monthly disbursement to the municipalities, shall

prepare and certify to the State Comptroller the amount to be

transferred into the Tax Compliance and Administration Fund

under this Section. Within 10 days after receipt, by the

Comptroller, of the disbursement certification to the

municipalities, the General Revenue Fund, and the Tax

Compliance and Administration Fund provided for in this Section

to be given to the Comptroller by the Department, the

Comptroller shall cause the orders to be drawn for the

respective amounts in accordance with the directions contained

in such certification.

The Department of Revenue shall implement Public Act 91-649

this amendatory Act of the 91st General Assembly so as to

collect the tax on and after January 1, 2002.

Nothing in this Section shall be construed to authorize a

municipality to impose a tax upon the privilege of engaging in

any business which under the constitution of the United States

may not be made the subject of taxation by this State.

As used in this Section, "municipal" or "municipality"

means or refers to a city, village or incorporated town,

including an incorporated town which has superseded a civil

township.

This Section shall be known and may be cited as the

"Non-Home Rule Municipal Service Occupation Tax Act".

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

100-1171, eff. 1-4-19; revised 1-9-19.)

(65 ILCS 5/8-11-1.6)

Sec. 8-11-1.6. Non-home rule municipal retailers'

occupation tax; municipalities between 20,000 and 25,000. The

corporate authorities of a non-home rule municipality with a

population of more than 20,000 but less than 25,000 that has,

prior to January 1, 1987, established a Redevelopment Project

Area that has been certified as a State Sales Tax Boundary and

has issued bonds or otherwise incurred indebtedness to pay for

costs in excess of $5,000,000, which is secured in part by a

tax increment allocation fund, in accordance with the

provisions of Division 11-74.4 of this Code may, by passage of

an ordinance, impose a tax upon all persons engaged in the

business of selling tangible personal property, other than on

an item of tangible personal property that is titled and

registered by an agency of this State's Government, at retail

in the municipality. This tax may not be imposed on tangible

personal property taxed at the 1% rate under the Retailers'

Occupation Tax Act. If imposed, the tax shall only be imposed

in .25% increments of the gross receipts from such sales made

in the course of business. Any tax imposed by a municipality

under this Section and all civil penalties that may be assessed

as an incident thereof shall be collected and enforced by the

State Department of Revenue. An ordinance imposing a tax

hereunder or effecting a change in the rate thereof shall be

adopted and a certified copy thereof filed with the Department

on or before the first day of October, whereupon the Department

shall proceed to administer and enforce this Section as of the

first day of January next following such adoption and filing.

The certificate of registration that is issued by the

Department to a retailer under the Retailers' Occupation Tax

Act shall permit the retailer to engage in a business that is

taxable under any ordinance or resolution enacted under this

Section without registering separately with the Department

under the ordinance or resolution or under this Section. The

Department shall have full power to administer and enforce this

Section, to collect all taxes and penalties due hereunder, to

dispose of taxes and penalties so collected in the manner

hereinafter provided, and to determine all rights to credit

memoranda, arising on account of the erroneous payment of tax

or penalty hereunder. In the administration of, and compliance

with this Section, the Department and persons who are subject

to this Section shall have the same rights, remedies,

privileges, immunities, powers, and duties, and be subject to

the same conditions, restrictions, limitations, penalties, and

definitions of terms, and employ the same modes of procedure,

as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j,

2 through 2-65 (in respect to all provisions therein other than

the State rate of tax), 2c, 3 (except as to the disposition of

taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,

5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12

and 13 of the Retailers' Occupation Tax Act and Section 3-7 of

the Uniform Penalty and Interest Act as fully as if those

provisions were set forth herein.

A tax may not be imposed by a municipality under this

Section unless the municipality also imposes a tax at the same

rate under Section 8-11-1.7 of this Act.

Persons subject to any tax imposed under the authority

granted in this Section may reimburse themselves for their

seller's tax liability hereunder by separately stating the tax

as an additional charge, which charge may be stated in

combination, in a single amount, with State tax which sellers

are required to collect under the Use Tax Act, pursuant to such

bracket schedules as the Department may prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant, instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the

amount specified, and to the person named in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the Non-Home Rule Municipal Retailers'

Occupation Tax Fund, which is hereby created.

The Department shall forthwith pay over to the State

Treasurer, ex officio, as trustee, all taxes and penalties

collected hereunder.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named municipalities,

the municipalities to be those from which retailers have paid

taxes or penalties hereunder to the Department during the

second preceding calendar month. The amount to be paid to each

municipality shall be the amount (not including credit

memoranda) collected hereunder during the second preceding

calendar month by the Department plus an amount the Department

determines is necessary to offset any amounts that were

erroneously paid to a different taxing body, and not including

an amount equal to the amount of refunds made during the second

preceding calendar month by the Department on behalf of the

municipality, and not including any amount that the Department

determines is necessary to offset any amounts that were payable

to a different taxing body but were erroneously paid to the

municipality, and not including any amounts that are

transferred to the STAR Bonds Revenue Fund, less 1.5% of the

remainder, which the Department shall transfer into the Tax

Compliance and Administration Fund. The Department, at the time

of each monthly disbursement to the municipalities, shall

prepare and certify to the State Comptroller the amount to be

transferred into the Tax Compliance and Administration Fund

under this Section. Within 10 days after receipt by the

Comptroller of the disbursement certification to the

municipalities and the Tax Compliance and Administration Fund

provided for in this Section to be given to the Comptroller by

the Department, the Comptroller shall cause the orders to be

drawn for the respective amounts in accordance with the

directions contained in the certification.

For the purpose of determining the local governmental unit

whose tax is applicable, a retail sale by a producer of coal or

other mineral mined in Illinois is a sale at retail at the

place where the coal or other mineral mined in Illinois is

extracted from the earth. This paragraph does not apply to coal

or other mineral when it is delivered or shipped by the seller

to the purchaser at a point outside Illinois so that the sale

is exempt under the federal Constitution as a sale in

interstate or foreign commerce.

Nothing in this Section shall be construed to authorize a

municipality to impose a tax upon the privilege of engaging in

any business which under the constitution of the United States

may not be made the subject of taxation by this State.

When certifying the amount of a monthly disbursement to a

municipality under this Section, the Department shall increase

or decrease the amount by an amount necessary to offset any

misallocation of previous disbursements. The offset amount

shall be the amount erroneously disbursed within the previous 6

months from the time a misallocation is discovered.

As used in this Section, "municipal" and "municipality"

means a city, village, or incorporated town, including an

incorporated town that has superseded a civil township.

(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;

100-23, eff. 7-6-17; 100-587, eff. 6-4-18; 100-863, eff.

8-14-18; 100-1171, eff. 1-4-19; revised 1-9-19.)

(65 ILCS 5/8-11-1.7)

Sec. 8-11-1.7. Non-home rule municipal service occupation

tax; municipalities between 20,000 and 25,000. The corporate

authorities of a non-home rule municipality with a population

of more than 20,000 but less than 25,000 as determined by the

last preceding decennial census that has, prior to January 1,

1987, established a Redevelopment Project Area that has been

certified as a State Sales Tax Boundary and has issued bonds or

otherwise incurred indebtedness to pay for costs in excess of

$5,000,000, which is secured in part by a tax increment

allocation fund, in accordance with the provisions of Division

11-74.4 of this Code may, by passage of an ordinance, impose a

tax upon all persons engaged in the municipality in the

business of making sales of service. If imposed, the tax shall

only be imposed in .25% increments of the selling price of all

tangible personal property transferred by such servicemen

either in the form of tangible personal property or in the form

of real estate as an incident to a sale of service. This tax

may not be imposed on tangible personal property taxed at the

1% rate under the Service Occupation Tax Act. The tax imposed

by a municipality under this Section and all civil penalties

that may be assessed as an incident thereof shall be collected

and enforced by the State Department of Revenue. An ordinance

imposing a tax hereunder or effecting a change in the rate

thereof shall be adopted and a certified copy thereof filed

with the Department on or before the first day of October,

whereupon the Department shall proceed to administer and

enforce this Section as of the first day of January next

following such adoption and filing. The certificate of

registration that is issued by the Department to a retailer

under the Retailers' Occupation Tax Act or under the Service

Occupation Tax Act shall permit the registrant to engage in a

business that is taxable under any ordinance or resolution

enacted under this Section without registering separately with

the Department under the ordinance or resolution or under this

Section. The Department shall have full power to administer and

enforce this Section, to collect all taxes and penalties due

hereunder, to dispose of taxes and penalties so collected in a

manner hereinafter provided, and to determine all rights to

credit memoranda arising on account of the erroneous payment of

tax or penalty hereunder. In the administration of and

compliance with this Section, the Department and persons who

are subject to this Section shall have the same rights,

remedies, privileges, immunities, powers, and duties, and be

subject to the same conditions, restrictions, limitations,

penalties and definitions of terms, and employ the same modes

of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3

through 3-50 (in respect to all provisions therein other than

the State rate of tax), 4 (except that the reference to the

State shall be to the taxing municipality), 5, 7, 8 (except

that the jurisdiction to which the tax shall be a debt to the

extent indicated in that Section 8 shall be the taxing

municipality), 9 (except as to the disposition of taxes and

penalties collected, and except that the returned merchandise

credit for this municipal tax may not be taken against any

State tax), 10, 11, 12, (except the reference therein to

Section 2b of the Retailers' Occupation Tax Act), 13 (except

that any reference to the State shall mean the taxing

municipality), the first paragraph of Sections 15, 16, 17, 18,

19, and 20 of the Service Occupation Tax Act and Section 3-7 of

the Uniform Penalty and Interest Act, as fully as if those

provisions were set forth herein.

A tax may not be imposed by a municipality under this

Section unless the municipality also imposes a tax at the same

rate under Section 8-11-1.6 of this Act.

Person subject to any tax imposed under the authority

granted in this Section may reimburse themselves for their

servicemen's tax liability hereunder by separately stating the

tax as an additional charge, which charge may be stated in

combination, in a single amount, with State tax that servicemen

are authorized to collect under the Service Use Tax Act, under

such bracket schedules as the Department may prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant instead of issuing credit

memorandum, the Department shall notify the State Comptroller,

who shall cause the order to be drawn for the amount specified,

and to the person named, in such notification from the

Department. The refund shall be paid by the State Treasurer out

of the Non-Home Rule Municipal Retailers' Occupation Tax Fund.

The Department shall forthwith pay over to the State

Treasurer, ex officio, as trustee, all taxes and penalties

collected hereunder.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named municipalities,

the municipalities to be those from which suppliers and

servicemen have paid taxes or penalties hereunder to the

Department during the second preceding calendar month. The

amount to be paid to each municipality shall be the amount (not

including credit memoranda) collected hereunder during the

second preceding calendar month by the Department, and not

including an amount equal to the amount of refunds made during

the second preceding calendar month by the Department on behalf

of such municipality, and not including any amounts that are

transferred to the STAR Bonds Revenue Fund, less 1.5% of the

remainder, which the Department shall transfer into the Tax

Compliance and Administration Fund. The Department, at the time

of each monthly disbursement to the municipalities, shall

prepare and certify to the State Comptroller the amount to be

transferred into the Tax Compliance and Administration Fund

under this Section. Within 10 days after receipt by the

Comptroller of the disbursement certification to the

municipalities, the Tax Compliance and Administration Fund,

and the General Revenue Fund, provided for in this Section to

be given to the Comptroller by the Department, the Comptroller

shall cause the orders to be drawn for the respective amounts

in accordance with the directions contained in the

certification.

When certifying the amount of a monthly disbursement to a

municipality under this Section, the Department shall increase

or decrease the amount by an amount necessary to offset any

misallocation of previous disbursements. The offset amount

shall be the amount erroneously disbursed within the previous 6

months from the time a misallocation is discovered.

Nothing in this Section shall be construed to authorize a

municipality to impose a tax upon the privilege of engaging in

any business which under the constitution of the United States

may not be made the subject of taxation by this State.

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; revised 1-9-19.)

(65 ILCS 5/8-11-5) (from Ch. 24, par. 8-11-5)

Sec. 8-11-5. Home Rule Municipal Service Occupation Tax

Act. The corporate authorities of a home rule municipality may

impose a tax upon all persons engaged, in such municipality, in

the business of making sales of service at the same rate of tax

imposed pursuant to Section 8-11-1, of the selling price of all

tangible personal property transferred by such servicemen

either in the form of tangible personal property or in the form

of real estate as an incident to a sale of service. If imposed,

such tax shall only be imposed in 1/4% increments. On and after

September 1, 1991, this additional tax may not be imposed on

tangible personal property taxed at the 1% rate under the

Retailers' Occupation Tax Act. The tax imposed by a home rule

municipality pursuant to this Section and all civil penalties

that may be assessed as an incident thereof shall be collected

and enforced by the State Department of Revenue. The

certificate of registration which is issued by the Department

to a retailer under the Retailers' Occupation Tax Act or under

the Service Occupation Tax Act shall permit such registrant to

engage in a business which is taxable under any ordinance or

resolution enacted pursuant to this Section without

registering separately with the Department under such

ordinance or resolution or under this Section. The Department

shall have full power to administer and enforce this Section;

to collect all taxes and penalties due hereunder; to dispose of

taxes and penalties so collected in the manner hereinafter

provided, and to determine all rights to credit memoranda

arising on account of the erroneous payment of tax or penalty

hereunder. In the administration of, and compliance with, this

Section the Department and persons who are subject to this

Section shall have the same rights, remedies, privileges,

immunities, powers and duties, and be subject to the same

conditions, restrictions, limitations, penalties and

definitions of terms, and employ the same modes of procedure,

as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in

respect to all provisions therein other than the State rate of

tax), 4 (except that the reference to the State shall be to the

taxing municipality), 5, 7, 8 (except that the jurisdiction to

which the tax shall be a debt to the extent indicated in that

Section 8 shall be the taxing municipality), 9 (except as to

the disposition of taxes and penalties collected, and except

that the returned merchandise credit for this municipal tax may

not be taken against any State tax), 10, 11, 12 (except the

reference therein to Section 2b of the Retailers' Occupation

Tax Act), 13 (except that any reference to the State shall mean

the taxing municipality), the first paragraph of Section 15,

16, 17 (except that credit memoranda issued hereunder may not

be used to discharge any State tax liability), 18, 19 and 20 of

the Service Occupation Tax Act and Section 3-7 of the Uniform

Penalty and Interest Act, as fully as if those provisions were

set forth herein.

No tax may be imposed by a home rule municipality pursuant

to this Section unless such municipality also imposes a tax at

the same rate pursuant to Section 8-11-1 of this Act.

Persons subject to any tax imposed pursuant to the

authority granted in this Section may reimburse themselves for

their serviceman's tax liability hereunder by separately

stating such tax as an additional charge, which charge may be

stated in combination, in a single amount, with State tax which

servicemen are authorized to collect under the Service Use Tax

Act, pursuant to such bracket schedules as the Department may

prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant instead of issuing credit

memorandum, the Department shall notify the State Comptroller,

who shall cause the order to be drawn for the amount specified,

and to the person named, in such notification from the

Department. Such refund shall be paid by the State Treasurer

out of the home rule municipal retailers' occupation tax fund.

The Department shall forthwith pay over to the State

Treasurer, ex officio ex-officio, as trustee, all taxes and

penalties collected hereunder.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named municipalities,

the municipalities to be those from which suppliers and

servicemen have paid taxes or penalties hereunder to the

Department during the second preceding calendar month. The

amount to be paid to each municipality shall be the amount (not

including credit memoranda) collected hereunder during the

second preceding calendar month by the Department, and not

including an amount equal to the amount of refunds made during

the second preceding calendar month by the Department on behalf

of such municipality, and not including any amounts that are

transferred to the STAR Bonds Revenue Fund, less 1.5% of the

remainder, which the Department shall transfer into the Tax

Compliance and Administration Fund. The Department, at the time

of each monthly disbursement to the municipalities, shall

prepare and certify to the State Comptroller the amount to be

transferred into the Tax Compliance and Administration Fund

under this Section. Within 10 days after receipt, by the

Comptroller, of the disbursement certification to the

municipalities and the Tax Compliance and Administration Fund

provided for in this Section to be given to the Comptroller by

the Department, the Comptroller shall cause the orders to be

drawn for the respective amounts in accordance with the

directions contained in such certification.

In addition to the disbursement required by the preceding

paragraph and in order to mitigate delays caused by

distribution procedures, an allocation shall, if requested, be

made within 10 days after January 14, 1991, and in November of

1991 and each year thereafter, to each municipality that

received more than $500,000 during the preceding fiscal year,

(July 1 through June 30) whether collected by the municipality

or disbursed by the Department as required by this Section.

Within 10 days after January 14, 1991, participating

municipalities shall notify the Department in writing of their

intent to participate. In addition, for the initial

distribution, participating municipalities shall certify to

the Department the amounts collected by the municipality for

each month under its home rule occupation and service

occupation tax during the period July 1, 1989 through June 30,

1990. The allocation within 10 days after January 14, 1991,

shall be in an amount equal to the monthly average of these

amounts, excluding the 2 months of highest receipts. Monthly

average for the period of July 1, 1990 through June 30, 1991

will be determined as follows: the amounts collected by the

municipality under its home rule occupation and service

occupation tax during the period of July 1, 1990 through

September 30, 1990, plus amounts collected by the Department

and paid to such municipality through June 30, 1991, excluding

the 2 months of highest receipts. The monthly average for each

subsequent period of July 1 through June 30 shall be an amount

equal to the monthly distribution made to each such

municipality under the preceding paragraph during this period,

excluding the 2 months of highest receipts. The distribution

made in November 1991 and each year thereafter under this

paragraph and the preceding paragraph shall be reduced by the

amount allocated and disbursed under this paragraph in the

preceding period of July 1 through June 30. The Department

shall prepare and certify to the Comptroller for disbursement

the allocations made in accordance with this paragraph.

Nothing in this Section shall be construed to authorize a

municipality to impose a tax upon the privilege of engaging in

any business which under the constitution of the United States

may not be made the subject of taxation by this State.

An ordinance or resolution imposing or discontinuing a tax

hereunder or effecting a change in the rate thereof shall be

adopted and a certified copy thereof filed with the Department

on or before the first day of June, whereupon the Department

shall proceed to administer and enforce this Section as of the

first day of September next following such adoption and filing.

Beginning January 1, 1992, an ordinance or resolution imposing

or discontinuing the tax hereunder or effecting a change in the

rate thereof shall be adopted and a certified copy thereof

filed with the Department on or before the first day of July,

whereupon the Department shall proceed to administer and

enforce this Section as of the first day of October next

following such adoption and filing. Beginning January 1, 1993,

an ordinance or resolution imposing or discontinuing the tax

hereunder or effecting a change in the rate thereof shall be

adopted and a certified copy thereof filed with the Department

on or before the first day of October, whereupon the Department

shall proceed to administer and enforce this Section as of the

first day of January next following such adoption and filing.

However, a municipality located in a county with a population

in excess of 3,000,000 that elected to become a home rule unit

at the general primary election in 1994 may adopt an ordinance

or resolution imposing the tax under this Section and file a

certified copy of the ordinance or resolution with the

Department on or before July 1, 1994. The Department shall then

proceed to administer and enforce this Section as of October 1,

1994. Beginning April 1, 1998, an ordinance or resolution

imposing or discontinuing the tax hereunder or effecting a

change in the rate thereof shall either (i) be adopted and a

certified copy thereof filed with the Department on or before

the first day of April, whereupon the Department shall proceed

to administer and enforce this Section as of the first day of

July next following the adoption and filing; or (ii) be adopted

and a certified copy thereof filed with the Department on or

before the first day of October, whereupon the Department shall

proceed to administer and enforce this Section as of the first

day of January next following the adoption and filing.

Any unobligated balance remaining in the Municipal

Retailers' Occupation Tax Fund on December 31, 1989, which fund

was abolished by Public Act 85-1135, and all receipts of

municipal tax as a result of audits of liability periods prior

to January 1, 1990, shall be paid into the Local Government Tax

Fund, for distribution as provided by this Section prior to the

enactment of Public Act 85-1135. All receipts of municipal tax

as a result of an assessment not arising from an audit, for

liability periods prior to January 1, 1990, shall be paid into

the Local Government Tax Fund for distribution before July 1,

1990, as provided by this Section prior to the enactment of

Public Act 85-1135, and on and after July 1, 1990, all such

receipts shall be distributed as provided in Section 6z-18 of

the State Finance Act.

As used in this Section, "municipal" and "municipality"

means a city, village or incorporated town, including an

incorporated town which has superseded a civil township.

This Section shall be known and may be cited as the Home

Rule Municipal Service Occupation Tax Act.

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

100-1171, eff. 1-4-19; revised 1-9-19.)

(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)

Sec. 10-2.1-4. Fire and police departments; appointment of

members; certificates of appointments. The board of fire and

police commissioners shall appoint all officers and members of

the fire and police departments of the municipality, including

the chief of police and the chief of the fire department,

unless the council or board of trustees shall by ordinance as

to them otherwise provide; except as otherwise provided in this

Section, and except that in any municipality which adopts or

has adopted this Division 2.1 and also adopts or has adopted

Article 5 of this Code, the chief of police and the chief of

the fire department shall be appointed by the municipal

manager, if it is provided by ordinance in such municipality

that such chiefs, or either of them, shall not be appointed by

the board of fire and police commissioners.

If the chief of the fire department or the chief of the

police department or both of them are appointed in the manner

provided by ordinance, they may be removed or discharged by the

appointing authority. In such case the appointing authority

shall file with the corporate authorities the reasons for such

removal or discharge, which removal or discharge shall not

become effective unless confirmed by a majority vote of the

corporate authorities.

After January 1, 2019 August 25, 2017 (the effective date

of Public Act 100-1126 100-425) this amendatory Act of the

100th General Assembly, a person shall not be appointed as the

chief, the acting chief, the department head, or a position, by

whatever title, that is responsible for day-to-day operations

of a fire department for greater than 180 days unless he or she

possesses the following qualifications and certifications:

(1) Office of the State Fire Marshal Basic Operations

Firefighter Certification or Office of the State Fire

Marshal Firefighter II Certification; Office of the State

Fire Marshal Advanced Fire Officer Certification or Office

of the State Fire Marshal Fire Officer II Certification;

and an associate degree in fire science or a bachelor's

degree from an accredited university or college;

(2) a current certification from the International

Fire Service Accreditation Congress or Pro Board Fire

Service Professional Qualifications System that meets the

National Fire Protection Association standard NFPA 1001,

Standard for Fire Fighter Professional Qualifications,

Level I job performance requirements; a current

certification from the International Fire Service

Accreditation Congress or Pro Board Fire Service

Professional Qualifications System that meets the National

Fire Protection Association standard NFPA 1021, Standard

for Fire Officer Professional Qualifications, Fire Officer

II job performance requirements; and an associate degree in

fire science or a bachelor's degree from an accredited

university or college;

(3) qualifications that meet the National Fire

Protection Association standard NFPA 1001, Standard for

Fire Fighter Professional Qualifications, Level I job

performance requirements; qualifications that meet the

National Fire Protection Association standard NFPA 1021,

Standard for Fire Officer Professional Qualifications,

Fire Officer II job performance requirements; and an

associate degree in fire science or a bachelor's degree

from an accredited university or college; or

(4) a minimum of 10 years' experience as a firefighter

at the fire department in the jurisdiction making the

appointment.

This paragraph applies to fire departments that employ

firefighters hired under the provisions of this Division. On

and after January 1, 2019 (the effective date of Public Act

100-1126) this amendatory Act of the 100th General Assembly, a

home rule municipality may not appoint a fire chief, an acting

chief, a department head, or a position, by whatever title,

that is responsible for day-to-day operations of a fire

department for greater than 180 days in a manner inconsistent

with this paragraph. This paragraph is a limitation under

subsection (i) of Section 6 of Article VII of the Illinois

Constitution on the concurrent exercise by home rule units of

powers and functions exercised by the State.

If a member of the department is appointed chief of police

or chief of the fire department prior to being eligible to

retire on pension, he shall be considered as on furlough from

the rank he held immediately prior to his appointment as chief.

If he resigns as chief or is discharged as chief prior to

attaining eligibility to retire on pension, he shall revert to

and be established in whatever rank he currently holds, except

for previously appointed positions, and thereafter be entitled

to all the benefits and emoluments of that rank, without regard

as to whether a vacancy then exists in that rank.

All appointments to each department other than that of the

lowest rank, however, shall be from the rank next below that to

which the appointment is made except as otherwise provided in

this Section, and except that the chief of police and the chief

of the fire department may be appointed from among members of

the police and fire departments, respectively, regardless of

rank, unless the council or board of trustees shall have by

ordinance as to them otherwise provided. A chief of police or

the chief of the fire department, having been appointed from

among members of the police or fire department, respectively,

shall be permitted, regardless of rank, to take promotional

exams and be promoted to a higher classified rank than he

currently holds, without having to resign as chief of police or

chief of the fire department.

The sole authority to issue certificates of appointment

shall be vested in the Board of Fire and Police Commissioners

and all certificates of appointments issued to any officer or

member of the fire or police department of a municipality shall

be signed by the chairman and secretary respectively of the

board of fire and police commissioners of such municipality,

upon appointment of such officer or member of the fire and

police department of such municipality by action of the board

of fire and police commissioners. After being selected from the

register of eligibles to fill a vacancy in the affected

department, each appointee shall be presented with his or her

certificate of appointment on the day on which he or she is

sworn in as a classified member of the affected department.

Firefighters who were not issued a certificate of appointment

when originally appointed shall be provided with a certificate

within 10 days after making a written request to the

chairperson of the Board of Fire and Police Commissioners. In

any municipal fire department that employs full-time

firefighters and is subject to a collective bargaining

agreement, a person who has not qualified for regular

appointment under the provisions of this Division 2.1 shall not

be used as a temporary or permanent substitute for classified

members of a municipality's fire department or for regular

appointment as a classified member of a municipality's fire

department unless mutually agreed to by the employee's

certified bargaining agent. Such agreement shall be considered

a permissive subject of bargaining. Municipal fire departments

covered by the changes made by Public Act 95-490 that are using

non-certificated employees as substitutes immediately prior to

June 1, 2008 (the effective date of Public Act 95-490) may, by

mutual agreement with the certified bargaining agent, continue

the existing practice or a modified practice and that agreement

shall be considered a permissive subject of bargaining. A home

rule unit may not regulate the hiring of temporary or

substitute members of the municipality's fire department in a

manner that is inconsistent with this Section. This Section is

a limitation under subsection (i) of Section 6 of Article VII

of the Illinois Constitution on the concurrent exercise by home

rule units of powers and functions exercised by the State.

The term "policemen" as used in this Division does not

include auxiliary police officers except as provided for in

Section 10-2.1-6.

Any full-time member of a regular fire or police department

of any municipality which comes under the provisions of this

Division or adopts this Division 2.1 or which has adopted any

of the prior Acts pertaining to fire and police commissioners,

is a city officer.

Notwithstanding any other provision of this Section, the

Chief of Police of a department in a non-home rule municipality

of more than 130,000 inhabitants may, without the advice or

consent of the Board of Fire and Police Commissioners, appoint

up to 6 officers who shall be known as deputy chiefs or

assistant deputy chiefs, and whose rank shall be immediately

below that of Chief. The deputy or assistant deputy chiefs may

be appointed from any rank of sworn officers of that

municipality, but no person who is not such a sworn officer may

be so appointed. Such deputy chief or assistant deputy chief

shall have the authority to direct and issue orders to all

employees of the Department holding the rank of captain or any

lower rank. A deputy chief of police or assistant deputy chief

of police, having been appointed from any rank of sworn

officers of that municipality, shall be permitted, regardless

of rank, to take promotional exams and be promoted to a higher

classified rank than he currently holds, without having to

resign as deputy chief of police or assistant deputy chief of

police.

Notwithstanding any other provision of this Section, a

non-home rule municipality of 130,000 or fewer inhabitants,

through its council or board of trustees, may, by ordinance,

provide for a position of deputy chief to be appointed by the

chief of the police department. The ordinance shall provide for

no more than one deputy chief position if the police department

has fewer than 25 full-time police officers and for no more

than 2 deputy chief positions if the police department has 25

or more full-time police officers. The deputy chief position

shall be an exempt rank immediately below that of Chief. The

deputy chief may be appointed from any rank of sworn, full-time

officers of the municipality's police department, but must have

at least 5 years of full-time service as a police officer in

that department. A deputy chief shall serve at the discretion

of the Chief and, if removed from the position, shall revert to

the rank currently held, without regard as to whether a vacancy

exists in that rank. A deputy chief of police, having been

appointed from any rank of sworn full-time officers of that

municipality's police department, shall be permitted,

regardless of rank, to take promotional exams and be promoted

to a higher classified rank than he currently holds, without

having to resign as deputy chief of police.

No municipality having a population less than 1,000,000

shall require that any firefighter appointed to the lowest rank

serve a probationary employment period of longer than one year.

The limitation on periods of probationary employment provided

in Public Act 86-990 is an exclusive power and function of the

State. Pursuant to subsection (h) of Section 6 of Article VII

of the Illinois Constitution, a home rule municipality having a

population less than 1,000,000 must comply with this limitation

on periods of probationary employment, which is a denial and

limitation of home rule powers. Notwithstanding anything to the

contrary in this Section, the probationary employment period

limitation may be extended for a firefighter who is required,

as a condition of employment, to be a licensed paramedic,

during which time the sole reason that a firefighter may be

discharged without a hearing is for failing to meet the

requirements for paramedic licensure.

To the extent that this Section or any other Section in

this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,

then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.

(Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17;

100-863, eff, 8-14-18; 100-1126, eff. 1-1-19; revised

12-19-18.)

(65 ILCS 5/10-3-12) (from Ch. 24, par. 10-3-12)

Sec. 10-3-12. (a) A fireman who is an elected state officer

of a statewide labor organization that is a representative of

municipal firemen in Illinois shall be granted leave by the

municipality, without loss of pay or benefits and without being

required to make up for lost time, for work hours devoted to

performing the fireman's responsibilities as an elected state

officer of the statewide labor organization; provided that the

elected officer has arranged for a fireman from the same

municipality who is qualified to perform the absent fireman's

duties to work for those hours. This Section shall not apply to

any municipality with a population of 1,000,000 or more.

(b) The statewide labor organization shall, by May 1 of

each year:

(1) designate 4 elected state officers, whose right to

leave while carrying out their duties for the organization

shall be limited to 20 shifts per officer per year (for

years beginning May 1 and ending April 30); and

(2) notify each municipality that is the employer of an

elected state officer to whom this Section applies,

identifying the elected state officer, and indicating

whether the officer is one of those limited to 20 shifts

per year.

(c) The regulation of leave for a fireman who is employed

by a municipality with a population of less than 1,000,000 and

who is an elected state officer of a statewide labor

organization in Illinois, while he is performing the duties of

that office, is an exclusive power and function of the State.

Pursuant to subsection (h) of Section 6 of Article VII 7 of the

Illinois Constitution, a home rule municipality with a

population of less than 1,000,000 may not regulate the leave of

a fireman for work hours devoted to the fireman's

responsibilities as an elected state officer of a statewide

labor organization. This Section is a denial and limitation of

home rule powers.

(d) For the purposes of this Section:

"Statewide labor organization" means an organization

representing firefighters employed by at least 85

municipalities in this State, that is affiliated with the

Illinois State Federation of Labor.

"Elected state officer" means a full-time firefighter who

is one of the 9 top elected officers of the statewide labor

organization.

(Source: P.A. 86-1395; revised 9-28-18.)

(65 ILCS 5/10-4-2.3)

Sec. 10-4-2.3. Required health benefits. If a

municipality, including a home rule municipality, is a

self-insurer for purposes of providing health insurance

coverage for its employees, the coverage shall include coverage

for the post-mastectomy care benefits required to be covered by

a policy of accident and health insurance under Section 356t

and the coverage required under Sections 356g, 356g.5,

356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,

356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25,

and 356z.26, and 356z.29, and 356z.32 of the Illinois Insurance

Code. The coverage shall comply with Sections 155.22a, 355b,

356z.19, and 370c of the Illinois Insurance Code. The

Department of Insurance shall enforce the requirements of this

Section. The requirement that health benefits be covered as

provided in this is an exclusive power and function of the

State and is a denial and limitation under Article VII, Section

6, subsection (h) of the Illinois Constitution. A home rule

municipality to which this Section applies must comply with

every provision of this Section.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;

100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.

1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised

10-4-18.)

Section 350. The Airport Authorities Act is amended by

changing Section 8.08 as follows:

(70 ILCS 5/8.08) (from Ch. 15 1/2, par. 68.8-08)

Sec. 8.08. To borrow money and to issue bonds, notes,

certificates, or other evidences of indebtedness for the

purpose of accomplishing any of said corporate purposes, which

obligations may be payable from taxes or other sources as

provided in this Act; and to refund or advance refund any of

the foregoing with bonds, notes, certificates, or other

evidences of indebtedness, which refunding or advance advanced

refunding obligations may be payable from taxes or from any

other source; subject, however, to a compliance with any

condition or limitation set forth in this Act or otherwise

provided by the constitution of the State of Illinois.

(Source: P.A. 83-1403; revised 9-28-18.)

Section 355. The Metro-East Park and Recreation District

Act is amended by changing Section 30 as follows:

(70 ILCS 1605/30)

Sec. 30. Taxes.

(a) The board shall impose a tax upon all persons engaged

in the business of selling tangible personal property, other

than personal property titled or registered with an agency of

this State's government, at retail in the District on the gross

receipts from the sales made in the course of business. This

tax shall be imposed only at the rate of one-tenth of one per

cent.

This additional tax may not be imposed on tangible personal

property taxed at the 1% rate under the Retailers' Occupation

Tax Act. The tax imposed by the Board under this Section and

all civil penalties that may be assessed as an incident of the

tax shall be collected and enforced by the Department of

Revenue. The certificate of registration that is issued by the

Department to a retailer under the Retailers' Occupation Tax

Act shall permit the retailer to engage in a business that is

taxable without registering separately with the Department

under an ordinance or resolution under this Section. The

Department has full power to administer and enforce this

Section, to collect all taxes and penalties due under this

Section, to dispose of taxes and penalties so collected in the

manner provided in this Section, and to determine all rights to

credit memoranda arising on account of the erroneous payment of

a tax or penalty under this Section. In the administration of

and compliance with this Section, the Department and persons

who are subject to this Section shall (i) have the same rights,

remedies, privileges, immunities, powers, and duties, (ii) be

subject to the same conditions, restrictions, limitations,

penalties, and definitions of terms, and (iii) employ the same

modes of procedure as are prescribed in Sections 1, 1a, 1a-1,

1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in respect

to all provisions contained in those Sections other than the

State rate of tax), 2-12, 2-15 through 2-70, 2a, 2b, 2c, 3

(except provisions relating to transaction returns and quarter

monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,

5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13

of the Retailers' Occupation Tax Act and the Uniform Penalty

and Interest Act as if those provisions were set forth in this

Section.

Persons subject to any tax imposed under the authority

granted in this Section may reimburse themselves for their

sellers' tax liability by separately stating the tax as an

additional charge, which charge may be stated in combination,

in a single amount, with State tax which sellers are required

to collect under the Use Tax Act, pursuant to such bracketed

schedules as the Department may prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the

amount specified and to the person named in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the State Metro-East Park and Recreation

District Fund.

(b) If a tax has been imposed under subsection (a), a

service occupation tax shall also be imposed at the same rate

upon all persons engaged, in the District, in the business of

making sales of service, who, as an incident to making those

sales of service, transfer tangible personal property within

the District as an incident to a sale of service. This tax may

not be imposed on tangible personal property taxed at the 1%

rate under the Service Occupation Tax Act. The tax imposed

under this subsection and all civil penalties that may be

assessed as an incident thereof shall be collected and enforced

by the Department of Revenue. The Department has full power to

administer and enforce this subsection; to collect all taxes

and penalties due hereunder; to dispose of taxes and penalties

so collected in the manner hereinafter provided; and to

determine all rights to credit memoranda arising on account of

the erroneous payment of tax or penalty hereunder. In the

administration of, and compliance with this subsection, the

Department and persons who are subject to this paragraph shall

(i) have the same rights, remedies, privileges, immunities,

powers, and duties, (ii) be subject to the same conditions,

restrictions, limitations, penalties, exclusions, exemptions,

and definitions of terms, and (iii) employ the same modes of

procedure as are prescribed in Sections 2 (except that the

reference to State in the definition of supplier maintaining a

place of business in this State shall mean the District), 2a,

2b, 2c, 3 through 3-50 (in respect to all provisions therein

other than the State rate of tax), 4 (except that the reference

to the State shall be to the District), 5, 7, 8 (except that

the jurisdiction to which the tax shall be a debt to the extent

indicated in that Section 8 shall be the District), 9 (except

as to the disposition of taxes and penalties collected), 10,

11, 12 (except the reference therein to Section 2b of the

Retailers' Occupation Tax Act), 13 (except that any reference

to the State shall mean the District), Sections 15, 16, 17, 18,

19 and 20 of the Service Occupation Tax Act and the Uniform

Penalty and Interest Act, as fully as if those provisions were

set forth herein.

Persons subject to any tax imposed under the authority

granted in this subsection may reimburse themselves for their

serviceman's tax liability by separately stating the tax as an

additional charge, which charge may be stated in combination,

in a single amount, with State tax that servicemen are

authorized to collect under the Service Use Tax Act, in

accordance with such bracket schedules as the Department may

prescribe.

Whenever the Department determines that a refund should be

made under this subsection to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the warrant to be drawn for the

amount specified, and to the person named, in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the State Metro-East Park and Recreation

District Fund.

Nothing in this subsection shall be construed to authorize

the board to impose a tax upon the privilege of engaging in any

business which under the Constitution of the United States may

not be made the subject of taxation by the State.

(c) The Department shall immediately pay over to the State

Treasurer, ex officio, as trustee, all taxes and penalties

collected under this Section to be deposited into the State

Metro-East Park and Recreation District Fund, which shall be an

unappropriated trust fund held outside of the State treasury.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district. The Department shall make this

certification only if the Metro East Park and Recreation

District imposes a tax on real property as provided in the

definition of "local sales taxes" under the Innovation

Development and Economy Act.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money pursuant to Section 35 of

this Act to the District from which retailers have paid taxes

or penalties to the Department during the second preceding

calendar month. The amount to be paid to the District shall be

the amount (not including credit memoranda) collected under

this Section during the second preceding calendar month by the

Department plus an amount the Department determines is

necessary to offset any amounts that were erroneously paid to a

different taxing body, and not including (i) an amount equal to

the amount of refunds made during the second preceding calendar

month by the Department on behalf of the District, (ii) any

amount that the Department determines is necessary to offset

any amounts that were payable to a different taxing body but

were erroneously paid to the District, (iii) any amounts that

are transferred to the STAR Bonds Revenue Fund, and (iv) 1.5%

of the remainder, which the Department shall transfer into the

Tax Compliance and Administration Fund. The Department, at the

time of each monthly disbursement to the District, shall

prepare and certify to the State Comptroller the amount to be

transferred into the Tax Compliance and Administration Fund

under this subsection. Within 10 days after receipt by the

Comptroller of the disbursement certification to the District

and the Tax Compliance and Administration Fund provided for in

this Section to be given to the Comptroller by the Department,

the Comptroller shall cause the orders to be drawn for the

respective amounts in accordance with directions contained in

the certification.

(d) For the purpose of determining whether a tax authorized

under this Section is applicable, a retail sale by a producer

of coal or another mineral mined in Illinois is a sale at

retail at the place where the coal or other mineral mined in

Illinois is extracted from the earth. This paragraph does not

apply to coal or another mineral when it is delivered or

shipped by the seller to the purchaser at a point outside

Illinois so that the sale is exempt under the United States

Constitution as a sale in interstate or foreign commerce.

(e) Nothing in this Section shall be construed to authorize

the board to impose a tax upon the privilege of engaging in any

business that under the Constitution of the United States may

not be made the subject of taxation by this State.

(f) An ordinance imposing a tax under this Section or an

ordinance extending the imposition of a tax to an additional

county or counties shall be certified by the board and filed

with the Department of Revenue either (i) on or before the

first day of April, whereupon the Department shall proceed to

administer and enforce the tax as of the first day of July next

following the filing; or (ii) on or before the first day of

October, whereupon the Department shall proceed to administer

and enforce the tax as of the first day of January next

following the filing.

(g) When certifying the amount of a monthly disbursement to

the District under this Section, the Department shall increase

or decrease the amounts by an amount necessary to offset any

misallocation of previous disbursements. The offset amount

shall be the amount erroneously disbursed within the previous 6

months from the time a misallocation is discovered.

(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17;

100-587, eff. 6-4-18; 100-1171, eff. 1-4-19; revised 1-11-19.)

Section 360. The Sanitary District Act of 1917 is amended

by changing Section 22a.41 as follows:

(70 ILCS 2405/22a.41) (from Ch. 42, par. 317d.42)

Sec. 22a.41. Manner and time of letting of contracts.

Except as otherwise provided in Section 9-2-113 of the Illinois

Municipal Code, as now or hereafter amended, within 6 months

after judgment of confirmation of any special assessment or

special tax levied in pursuance pursuant of this Act has been

entered, if there is no appeal perfected, or other stay of

proceedings by a court having jurisdiction, or in case the

judgment for the condemnation of any property for any such

improvement, or the judgment of confirmation as to any property

is appealed from, then, if the petitioner files in the cause a

written election to proceed with the work, notwithstanding the

appeal, or other stay, steps shall be taken to let the contract

for the work in the manner provided in this Act. If the

judgment of condemnation or of confirmation of the special tax

or special assessment levied for the work is appealed from, or

stayed by a supersedeas or other order of a court having

jurisdiction, and the petitioner files no such election, then

the steps provided in this Act for the letting of the contract

for the work shall be taken within 6 months after the final

determination of the appeal or the determination of the stay

unless the proceeding is abandoned as provided in this Act.

(Source: P.A. 85-1137; revised 9-28-18.)

Section 365. The Sanitary District Act of 1936 is amended

by changing Section 79 as follows:

(70 ILCS 2805/79) (from Ch. 42, par. 447.43)

Sec. 79. Manner and time of letting of contracts. Except

as otherwise provided in Section 9-2-113 of the Illinois

Municipal Code, as now or hereafter amended, within 6 months

after judgment of confirmation of any special assessment or

special tax levied in pursuance pursuant of this Act has been

entered, if there is no appeal perfected, or other stay of

proceedings by a court having jurisdiction, or in case the

judgment for the condemnation of any property for any such

improvement, or the judgment of confirmation as to any property

is appealed from, then, if the petitioner files in the cause a

written election to proceed with the work, notwithstanding the

appeal, or other stay, steps shall be taken to let the contract

for the work in the manner provided in this Act. If the

judgment of condemnation or of confirmation of the special tax

or special assessment levied for the work is appealed from, or

stayed by a supersedeas or other order of a court having

jurisdiction, and the petitioner files no such election, then

the steps provided in this Act for the letting of the contract

for the work shall be taken within 6 months after the final

determination of the appeal or the determination of the stay

unless the proceeding is abandoned as provided in this Act.

(Source: P.A. 85-1137; revised 9-28-18.)

Section 370. The Local Mass Transit District Act is amended

by changing Section 3.5 as follows:

(70 ILCS 3610/3.5) (from Ch. 111 2/3, par. 353.5)

Sec. 3.5. If the district acquires a mass transit facility,

all of the employees in such mass transit facility shall be

transferred to and appointed as employees of the district,

subject to all rights and benefits of this Act, and these

employees shall be given seniority credit in accordance with

the records and labor agreements of the mass transit facility.

Employees who left the employ of such a mass transit facility

to enter the military service of the United States shall have

the same rights as to the district, under the provisions of the

Service Member Employment and Reemployment Rights, Act, as they

would have had thereunder as to such mass transit facility.

After such acquisition, the district shall be required to

extend to such former employees of such mass transit facility

only the rights and benefits as to pensions and retirement as

are accorded other employees of the district.

(Source: P.A. 100-1101, eff. 1-1-19; revised 9-28-18.)

Section 375. The Regional Transportation Authority Act is

amended by changing Section 4.03 as follows:

(70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)

Sec. 4.03. Taxes.

(a) In order to carry out any of the powers or purposes of

the Authority, the Board may by ordinance adopted with the

concurrence of 12 of the then Directors, impose throughout the

metropolitan region any or all of the taxes provided in this

Section. Except as otherwise provided in this Act, taxes

imposed under this Section and civil penalties imposed incident

thereto shall be collected and enforced by the State Department

of Revenue. The Department shall have the power to administer

and enforce the taxes and to determine all rights for refunds

for erroneous payments of the taxes. Nothing in Public Act

95-708 is intended to invalidate any taxes currently imposed by

the Authority. The increased vote requirements to impose a tax

shall only apply to actions taken after January 1, 2008 (the

effective date of Public Act 95-708).

(b) The Board may impose a public transportation tax upon

all persons engaged in the metropolitan region in the business

of selling at retail motor fuel for operation of motor vehicles

upon public highways. The tax shall be at a rate not to exceed

5% of the gross receipts from the sales of motor fuel in the

course of the business. As used in this Act, the term "motor

fuel" shall have the same meaning as in the Motor Fuel Tax Law.

The Board may provide for details of the tax. The provisions of

any tax shall conform, as closely as may be practicable, to the

provisions of the Municipal Retailers Occupation Tax Act,

including without limitation, conformity to penalties with

respect to the tax imposed and as to the powers of the State

Department of Revenue to promulgate and enforce rules and

regulations relating to the administration and enforcement of

the provisions of the tax imposed, except that reference in the

Act to any municipality shall refer to the Authority and the

tax shall be imposed only with regard to receipts from sales of

motor fuel in the metropolitan region, at rates as limited by

this Section.

(c) In connection with the tax imposed under paragraph (b)

of this Section the Board may impose a tax upon the privilege

of using in the metropolitan region motor fuel for the

operation of a motor vehicle upon public highways, the tax to

be at a rate not in excess of the rate of tax imposed under

paragraph (b) of this Section. The Board may provide for

details of the tax.

(d) The Board may impose a motor vehicle parking tax upon

the privilege of parking motor vehicles at off-street parking

facilities in the metropolitan region at which a fee is

charged, and may provide for reasonable classifications in and

exemptions to the tax, for administration and enforcement

thereof and for civil penalties and refunds thereunder and may

provide criminal penalties thereunder, the maximum penalties

not to exceed the maximum criminal penalties provided in the

Retailers' Occupation Tax Act. The Authority may collect and

enforce the tax itself or by contract with any unit of local

government. The State Department of Revenue shall have no

responsibility for the collection and enforcement unless the

Department agrees with the Authority to undertake the

collection and enforcement. As used in this paragraph, the term

"parking facility" means a parking area or structure having

parking spaces for more than 2 vehicles at which motor vehicles

are permitted to park in return for an hourly, daily, or other

periodic fee, whether publicly or privately owned, but does not

include parking spaces on a public street, the use of which is

regulated by parking meters.

(e) The Board may impose a Regional Transportation

Authority Retailers' Occupation Tax upon all persons engaged in

the business of selling tangible personal property at retail in

the metropolitan region. In Cook County, the tax rate shall be

1.25% of the gross receipts from sales of tangible personal

property taxed at the 1% rate under the Retailers' Occupation

Tax Act, and 1% of the gross receipts from other taxable sales

made in the course of that business. In DuPage, Kane, Lake,

McHenry, and Will counties Counties, the tax rate shall be

0.75% of the gross receipts from all taxable sales made in the

course of that business. The tax imposed under this Section and

all civil penalties that may be assessed as an incident thereof

shall be collected and enforced by the State Department of

Revenue. The Department shall have full power to administer and

enforce this Section; to collect all taxes and penalties so

collected in the manner hereinafter provided; and to determine

all rights to credit memoranda arising on account of the

erroneous payment of tax or penalty hereunder. In the

administration of, and compliance with this Section, the

Department and persons who are subject to this Section shall

have the same rights, remedies, privileges, immunities, powers

and duties, and be subject to the same conditions,

restrictions, limitations, penalties, exclusions, exemptions

and definitions of terms, and employ the same modes of

procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,

1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions

therein other than the State rate of tax), 2c, 3 (except as to

the disposition of taxes and penalties collected), 4, 5, 5a,

5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,

7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act

and Section 3-7 of the Uniform Penalty and Interest Act, as

fully as if those provisions were set forth herein.

Persons subject to any tax imposed under the authority

granted in this Section may reimburse themselves for their

seller's tax liability hereunder by separately stating the tax

as an additional charge, which charge may be stated in

combination in a single amount with State taxes that sellers

are required to collect under the Use Tax Act, under any

bracket schedules the Department may prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the warrant to be drawn for the

amount specified, and to the person named, in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the Regional Transportation Authority tax fund

established under paragraph (n) of this Section.

If a tax is imposed under this subsection (e), a tax shall

also be imposed under subsections (f) and (g) of this Section.

For the purpose of determining whether a tax authorized

under this Section is applicable, a retail sale by a producer

of coal or other mineral mined in Illinois, is a sale at retail

at the place where the coal or other mineral mined in Illinois

is extracted from the earth. This paragraph does not apply to

coal or other mineral when it is delivered or shipped by the

seller to the purchaser at a point outside Illinois so that the

sale is exempt under the Federal Constitution as a sale in

interstate or foreign commerce.

No tax shall be imposed or collected under this subsection

on the sale of a motor vehicle in this State to a resident of

another state if that motor vehicle will not be titled in this

State.

Nothing in this Section shall be construed to authorize the

Regional Transportation Authority to impose a tax upon the

privilege of engaging in any business that under the

Constitution of the United States may not be made the subject

of taxation by this State.

(f) If a tax has been imposed under paragraph (e), a

Regional Transportation Authority Service Occupation Tax shall

also be imposed upon all persons engaged, in the metropolitan

region in the business of making sales of service, who as an

incident to making the sales of service, transfer tangible

personal property within the metropolitan region, either in the

form of tangible personal property or in the form of real

estate as an incident to a sale of service. In Cook County, the

tax rate shall be: (1) 1.25% of the serviceman's cost price of

food prepared for immediate consumption and transferred

incident to a sale of service subject to the service occupation

tax by an entity licensed under the Hospital Licensing Act, the

Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act of 2013, the ID/DD Community Care Act, or

the MC/DD Act that is located in the metropolitan region; (2)

1.25% of the selling price of tangible personal property taxed

at the 1% rate under the Service Occupation Tax Act; and (3) 1%

of the selling price from other taxable sales of tangible

personal property transferred. In DuPage, Kane, Lake, McHenry

and Will counties, Counties the rate shall be 0.75% of the

selling price of all tangible personal property transferred.

The tax imposed under this paragraph and all civil

penalties that may be assessed as an incident thereof shall be

collected and enforced by the State Department of Revenue. The

Department shall have full power to administer and enforce this

paragraph; to collect all taxes and penalties due hereunder; to

dispose of taxes and penalties collected in the manner

hereinafter provided; and to determine all rights to credit

memoranda arising on account of the erroneous payment of tax or

penalty hereunder. In the administration of and compliance with

this paragraph, the Department and persons who are subject to

this paragraph shall have the same rights, remedies,

privileges, immunities, powers and duties, and be subject to

the same conditions, restrictions, limitations, penalties,

exclusions, exemptions and definitions of terms, and employ the

same modes of procedure, as are prescribed in Sections 1a-1, 2,

2a, 3 through 3-50 (in respect to all provisions therein other

than the State rate of tax), 4 (except that the reference to

the State shall be to the Authority), 5, 7, 8 (except that the

jurisdiction to which the tax shall be a debt to the extent

indicated in that Section 8 shall be the Authority), 9 (except

as to the disposition of taxes and penalties collected, and

except that the returned merchandise credit for this tax may

not be taken against any State tax), 10, 11, 12 (except the

reference therein to Section 2b of the Retailers' Occupation

Tax Act), 13 (except that any reference to the State shall mean

the Authority), the first paragraph of Section 15, 16, 17, 18,

19 and 20 of the Service Occupation Tax Act and Section 3-7 of

the Uniform Penalty and Interest Act, as fully as if those

provisions were set forth herein.

Persons subject to any tax imposed under the authority

granted in this paragraph may reimburse themselves for their

serviceman's tax liability hereunder by separately stating the

tax as an additional charge, that charge may be stated in

combination in a single amount with State tax that servicemen

are authorized to collect under the Service Use Tax Act, under

any bracket schedules the Department may prescribe.

Whenever the Department determines that a refund should be

made under this paragraph to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the warrant to be drawn for the

amount specified, and to the person named in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the Regional Transportation Authority tax fund

established under paragraph (n) of this Section.

Nothing in this paragraph shall be construed to authorize

the Authority to impose a tax upon the privilege of engaging in

any business that under the Constitution of the United States

may not be made the subject of taxation by the State.

(g) If a tax has been imposed under paragraph (e), a tax

shall also be imposed upon the privilege of using in the

metropolitan region, any item of tangible personal property

that is purchased outside the metropolitan region at retail

from a retailer, and that is titled or registered with an

agency of this State's government. In Cook County, the tax rate

shall be 1% of the selling price of the tangible personal

property, as "selling price" is defined in the Use Tax Act. In

DuPage, Kane, Lake, McHenry and Will counties, the tax rate

shall be 0.75% of the selling price of the tangible personal

property, as "selling price" is defined in the Use Tax Act. The

tax shall be collected from persons whose Illinois address for

titling or registration purposes is given as being in the

metropolitan region. The tax shall be collected by the

Department of Revenue for the Regional Transportation

Authority. The tax must be paid to the State, or an exemption

determination must be obtained from the Department of Revenue,

before the title or certificate of registration for the

property may be issued. The tax or proof of exemption may be

transmitted to the Department by way of the State agency with

which, or the State officer with whom, the tangible personal

property must be titled or registered if the Department and the

State agency or State officer determine that this procedure

will expedite the processing of applications for title or

registration.

The Department shall have full power to administer and

enforce this paragraph; to collect all taxes, penalties, and

interest due hereunder; to dispose of taxes, penalties, and

interest collected in the manner hereinafter provided; and to

determine all rights to credit memoranda or refunds arising on

account of the erroneous payment of tax, penalty, or interest

hereunder. In the administration of and compliance with this

paragraph, the Department and persons who are subject to this

paragraph shall have the same rights, remedies, privileges,

immunities, powers and duties, and be subject to the same

conditions, restrictions, limitations, penalties, exclusions,

exemptions and definitions of terms and employ the same modes

of procedure, as are prescribed in Sections 2 (except the

definition of "retailer maintaining a place of business in this

State"), 3 through 3-80 (except provisions pertaining to the

State rate of tax, and except provisions concerning collection

or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,

19 (except the portions pertaining to claims by retailers and

except the last paragraph concerning refunds), 20, 21 and 22 of

the Use Tax Act, and are not inconsistent with this paragraph,

as fully as if those provisions were set forth herein.

Whenever the Department determines that a refund should be

made under this paragraph to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the

amount specified, and to the person named in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the Regional Transportation Authority tax fund

established under paragraph (n) of this Section.

(h) The Authority may impose a replacement vehicle tax of

$50 on any passenger car as defined in Section 1-157 of the

Illinois Vehicle Code purchased within the metropolitan region

by or on behalf of an insurance company to replace a passenger

car of an insured person in settlement of a total loss claim.

The tax imposed may not become effective before the first day

of the month following the passage of the ordinance imposing

the tax and receipt of a certified copy of the ordinance by the

Department of Revenue. The Department of Revenue shall collect

the tax for the Authority in accordance with Sections 3-2002

and 3-2003 of the Illinois Vehicle Code.

The Department shall immediately pay over to the State

Treasurer, ex officio, as trustee, all taxes collected

hereunder.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to the Authority. The

amount to be paid to the Authority shall be the amount

collected hereunder during the second preceding calendar month

by the Department, less any amount determined by the Department

to be necessary for the payment of refunds, and less any

amounts that are transferred to the STAR Bonds Revenue Fund.

Within 10 days after receipt by the Comptroller of the

disbursement certification to the Authority provided for in

this Section to be given to the Comptroller by the Department,

the Comptroller shall cause the orders to be drawn for that

amount in accordance with the directions contained in the

certification.

(i) The Board may not impose any other taxes except as it

may from time to time be authorized by law to impose.

(j) A certificate of registration issued by the State

Department of Revenue to a retailer under the Retailers'

Occupation Tax Act or under the Service Occupation Tax Act

shall permit the registrant to engage in a business that is

taxed under the tax imposed under paragraphs (b), (e), (f) or

(g) of this Section and no additional registration shall be

required under the tax. A certificate issued under the Use Tax

Act or the Service Use Tax Act shall be applicable with regard

to any tax imposed under paragraph (c) of this Section.

(k) The provisions of any tax imposed under paragraph (c)

of this Section shall conform as closely as may be practicable

to the provisions of the Use Tax Act, including without

limitation conformity as to penalties with respect to the tax

imposed and as to the powers of the State Department of Revenue

to promulgate and enforce rules and regulations relating to the

administration and enforcement of the provisions of the tax

imposed. The taxes shall be imposed only on use within the

metropolitan region and at rates as provided in the paragraph.

(l) The Board in imposing any tax as provided in paragraphs

(b) and (c) of this Section, shall, after seeking the advice of

the State Department of Revenue, provide means for retailers,

users or purchasers of motor fuel for purposes other than those

with regard to which the taxes may be imposed as provided in

those paragraphs to receive refunds of taxes improperly paid,

which provisions may be at variance with the refund provisions

as applicable under the Municipal Retailers Occupation Tax Act.

The State Department of Revenue may provide for certificates of

registration for users or purchasers of motor fuel for purposes

other than those with regard to which taxes may be imposed as

provided in paragraphs (b) and (c) of this Section to

facilitate the reporting and nontaxability of the exempt sales

or uses.

(m) Any ordinance imposing or discontinuing any tax under

this Section shall be adopted and a certified copy thereof

filed with the Department on or before June 1, whereupon the

Department of Revenue shall proceed to administer and enforce

this Section on behalf of the Regional Transportation Authority

as of September 1 next following such adoption and filing.

Beginning January 1, 1992, an ordinance or resolution imposing

or discontinuing the tax hereunder shall be adopted and a

certified copy thereof filed with the Department on or before

the first day of July, whereupon the Department shall proceed

to administer and enforce this Section as of the first day of

October next following such adoption and filing. Beginning

January 1, 1993, an ordinance or resolution imposing,

increasing, decreasing, or discontinuing the tax hereunder

shall be adopted and a certified copy thereof filed with the

Department, whereupon the Department shall proceed to

administer and enforce this Section as of the first day of the

first month to occur not less than 60 days following such

adoption and filing. Any ordinance or resolution of the

Authority imposing a tax under this Section and in effect on

August 1, 2007 shall remain in full force and effect and shall

be administered by the Department of Revenue under the terms

and conditions and rates of tax established by such ordinance

or resolution until the Department begins administering and

enforcing an increased tax under this Section as authorized by

Public Act 95-708. The tax rates authorized by Public Act

95-708 are effective only if imposed by ordinance of the

Authority.

(n) Except as otherwise provided in this subsection (n),

the State Department of Revenue shall, upon collecting any

taxes as provided in this Section, pay the taxes over to the

State Treasurer as trustee for the Authority. The taxes shall

be held in a trust fund outside the State Treasury. On or

before the 25th day of each calendar month, the State

Department of Revenue shall prepare and certify to the

Comptroller of the State of Illinois and to the Authority (i)

the amount of taxes collected in each county County other than

Cook County in the metropolitan region, (ii) the amount of

taxes collected within the City of Chicago, and (iii) the

amount collected in that portion of Cook County outside of

Chicago, each amount less the amount necessary for the payment

of refunds to taxpayers located in those areas described in

items (i), (ii), and (iii), and less 1.5% of the remainder,

which shall be transferred from the trust fund into the Tax

Compliance and Administration Fund. The Department, at the time

of each monthly disbursement to the Authority, shall prepare

and certify to the State Comptroller the amount to be

transferred into the Tax Compliance and Administration Fund

under this subsection. Within 10 days after receipt by the

Comptroller of the certification of the amounts, the

Comptroller shall cause an order to be drawn for the transfer

of the amount certified into the Tax Compliance and

Administration Fund and the payment of two-thirds of the

amounts certified in item (i) of this subsection to the

Authority and one-third of the amounts certified in item (i) of

this subsection to the respective counties other than Cook

County and the amount certified in items (ii) and (iii) of this

subsection to the Authority.

In addition to the disbursement required by the preceding

paragraph, an allocation shall be made in July 1991 and each

year thereafter to the Regional Transportation Authority. The

allocation shall be made in an amount equal to the average

monthly distribution during the preceding calendar year

(excluding the 2 months of lowest receipts) and the allocation

shall include the amount of average monthly distribution from

the Regional Transportation Authority Occupation and Use Tax

Replacement Fund. The distribution made in July 1992 and each

year thereafter under this paragraph and the preceding

paragraph shall be reduced by the amount allocated and

disbursed under this paragraph in the preceding calendar year.

The Department of Revenue shall prepare and certify to the

Comptroller for disbursement the allocations made in

accordance with this paragraph.

(o) Failure to adopt a budget ordinance or otherwise to

comply with Section 4.01 of this Act or to adopt a Five-year

Capital Program or otherwise to comply with paragraph (b) of

Section 2.01 of this Act shall not affect the validity of any

tax imposed by the Authority otherwise in conformity with law.

(p) At no time shall a public transportation tax or motor

vehicle parking tax authorized under paragraphs (b), (c), and

(d) of this Section be in effect at the same time as any

retailers' occupation, use or service occupation tax

authorized under paragraphs (e), (f), and (g) of this Section

is in effect.

Any taxes imposed under the authority provided in

paragraphs (b), (c), and (d) shall remain in effect only until

the time as any tax authorized by paragraph paragraphs (e),

(f), or (g) of this Section are imposed and becomes effective.

Once any tax authorized by paragraph paragraphs (e), (f), or

(g) is imposed the Board may not reimpose taxes as authorized

in paragraphs (b), (c), and (d) of the Section unless any tax

authorized by paragraph paragraphs (e), (f), or (g) of this

Section becomes ineffective by means other than an ordinance of

the Board.

(q) Any existing rights, remedies and obligations

(including enforcement by the Regional Transportation

Authority) arising under any tax imposed under paragraph

paragraphs (b), (c), or (d) of this Section shall not be

affected by the imposition of a tax under paragraph paragraphs

(e), (f), or (g) of this Section.

(Source: P.A. 99-180, eff. 7-29-15; 99-217, eff. 7-31-15;

99-642, eff. 7-28-16; 100-23, eff. 7-6-17; 100-587, eff.

6-4-18; 100-1171, eff. 1-4-19; revised 1-11-19.)

Section 380. The Water Commission Act of 1985 is amended by

changing Section 4 as follows:

(70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)

Sec. 4. Taxes.

(a) The board of commissioners of any county water

commission may, by ordinance, impose throughout the territory

of the commission any or all of the taxes provided in this

Section for its corporate purposes. However, no county water

commission may impose any such tax unless the commission

certifies the proposition of imposing the tax to the proper

election officials, who shall submit the proposition to the

voters residing in the territory at an election in accordance

with the general election law, and the proposition has been

approved by a majority of those voting on the proposition.

The proposition shall be in the form provided in Section 5

or shall be substantially in the following form:

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

Shall the (insert corporate

name of county water commission) YES

impose (state type of tax or ------------------------

taxes to be imposed) at the NO

rate of 1/4%?

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

Taxes imposed under this Section and civil penalties

imposed incident thereto shall be collected and enforced by the

State Department of Revenue. The Department shall have the

power to administer and enforce the taxes and to determine all

rights for refunds for erroneous payments of the taxes.

(b) The board of commissioners may impose a County Water

Commission Retailers' Occupation Tax upon all persons engaged

in the business of selling tangible personal property at retail

in the territory of the commission at a rate of 1/4% of the

gross receipts from the sales made in the course of such

business within the territory. The tax imposed under this

paragraph and all civil penalties that may be assessed as an

incident thereof shall be collected and enforced by the State

Department of Revenue. The Department shall have full power to

administer and enforce this paragraph; to collect all taxes and

penalties due hereunder; to dispose of taxes and penalties so

collected in the manner hereinafter provided; and to determine

all rights to credit memoranda arising on account of the

erroneous payment of tax or penalty hereunder. In the

administration of, and compliance with, this paragraph, the

Department and persons who are subject to this paragraph shall

have the same rights, remedies, privileges, immunities, powers

and duties, and be subject to the same conditions,

restrictions, limitations, penalties, exclusions, exemptions

and definitions of terms, and employ the same modes of

procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,

1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions

therein other than the State rate of tax except that tangible

personal property taxed at the 1% rate under the Retailers'

Occupation Tax Act shall not be subject to tax hereunder), 2c,

3 (except as to the disposition of taxes and penalties

collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,

5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the

Retailers' Occupation Tax Act and Section 3-7 of the Uniform

Penalty and Interest Act, as fully as if those provisions were

set forth herein.

Persons subject to any tax imposed under the authority

granted in this paragraph may reimburse themselves for their

seller's tax liability hereunder by separately stating the tax

as an additional charge, which charge may be stated in

combination, in a single amount, with State taxes that sellers

are required to collect under the Use Tax Act and under

subsection (e) of Section 4.03 of the Regional Transportation

Authority Act, in accordance with such bracket schedules as the

Department may prescribe.

Whenever the Department determines that a refund should be

made under this paragraph to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the warrant to be drawn for the

amount specified, and to the person named, in the notification

from the Department. The refund shall be paid by the State

Treasurer out of a county water commission tax fund established

under subsection (g) of this Section.

For the purpose of determining whether a tax authorized

under this paragraph is applicable, a retail sale by a producer

of coal or other mineral mined in Illinois is a sale at retail

at the place where the coal or other mineral mined in Illinois

is extracted from the earth. This paragraph does not apply to

coal or other mineral when it is delivered or shipped by the

seller to the purchaser at a point outside Illinois so that the

sale is exempt under the Federal Constitution as a sale in

interstate or foreign commerce.

If a tax is imposed under this subsection (b), a tax shall

also be imposed under subsections (c) and (d) of this Section.

No tax shall be imposed or collected under this subsection

on the sale of a motor vehicle in this State to a resident of

another state if that motor vehicle will not be titled in this

State.

Nothing in this paragraph shall be construed to authorize a

county water commission to impose a tax upon the privilege of

engaging in any business which under the Constitution of the

United States may not be made the subject of taxation by this

State.

(c) If a tax has been imposed under subsection (b), a

County Water Commission Service Occupation Tax shall also be

imposed upon all persons engaged, in the territory of the

commission, in the business of making sales of service, who, as

an incident to making the sales of service, transfer tangible

personal property within the territory. The tax rate shall be

1/4% of the selling price of tangible personal property so

transferred within the territory. The tax imposed under this

paragraph and all civil penalties that may be assessed as an

incident thereof shall be collected and enforced by the State

Department of Revenue. The Department shall have full power to

administer and enforce this paragraph; to collect all taxes and

penalties due hereunder; to dispose of taxes and penalties so

collected in the manner hereinafter provided; and to determine

all rights to credit memoranda arising on account of the

erroneous payment of tax or penalty hereunder. In the

administration of, and compliance with, this paragraph, the

Department and persons who are subject to this paragraph shall

have the same rights, remedies, privileges, immunities, powers

and duties, and be subject to the same conditions,

restrictions, limitations, penalties, exclusions, exemptions

and definitions of terms, and employ the same modes of

procedure, as are prescribed in Sections 1a-1, 2 (except that

the reference to State in the definition of supplier

maintaining a place of business in this State shall mean the

territory of the commission), 2a, 3 through 3-50 (in respect to

all provisions therein other than the State rate of tax except

that tangible personal property taxed at the 1% rate under the

Service Occupation Tax Act shall not be subject to tax

hereunder), 4 (except that the reference to the State shall be

to the territory of the commission), 5, 7, 8 (except that the

jurisdiction to which the tax shall be a debt to the extent

indicated in that Section 8 shall be the commission), 9 (except

as to the disposition of taxes and penalties collected and

except that the returned merchandise credit for this tax may

not be taken against any State tax), 10, 11, 12 (except the

reference therein to Section 2b of the Retailers' Occupation

Tax Act), 13 (except that any reference to the State shall mean

the territory of the commission), the first paragraph of

Section 15, 15.5, 16, 17, 18, 19, and 20 of the Service

Occupation Tax Act as fully as if those provisions were set

forth herein.

Persons subject to any tax imposed under the authority

granted in this paragraph may reimburse themselves for their

serviceman's tax liability hereunder by separately stating the

tax as an additional charge, which charge may be stated in

combination, in a single amount, with State tax that servicemen

are authorized to collect under the Service Use Tax Act, and

any tax for which servicemen may be liable under subsection (f)

of Section 4.03 of the Regional Transportation Authority Act,

in accordance with such bracket schedules as the Department may

prescribe.

Whenever the Department determines that a refund should be

made under this paragraph to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the warrant to be drawn for the

amount specified, and to the person named, in the notification

from the Department. The refund shall be paid by the State

Treasurer out of a county water commission tax fund established

under subsection (g) of this Section.

Nothing in this paragraph shall be construed to authorize a

county water commission to impose a tax upon the privilege of

engaging in any business which under the Constitution of the

United States may not be made the subject of taxation by the

State.

(d) If a tax has been imposed under subsection (b), a tax

shall also be imposed upon the privilege of using, in the

territory of the commission, any item of tangible personal

property that is purchased outside the territory at retail from

a retailer, and that is titled or registered with an agency of

this State's government, at a rate of 1/4% of the selling price

of the tangible personal property within the territory, as

"selling price" is defined in the Use Tax Act. The tax shall be

collected from persons whose Illinois address for titling or

registration purposes is given as being in the territory. The

tax shall be collected by the Department of Revenue for a

county water commission. The tax must be paid to the State, or

an exemption determination must be obtained from the Department

of Revenue, before the title or certificate of registration for

the property may be issued. The tax or proof of exemption may

be transmitted to the Department by way of the State agency

with which, or the State officer with whom, the tangible

personal property must be titled or registered if the

Department and the State agency or State officer determine that

this procedure will expedite the processing of applications for

title or registration.

The Department shall have full power to administer and

enforce this paragraph; to collect all taxes, penalties, and

interest due hereunder; to dispose of taxes, penalties, and

interest so collected in the manner hereinafter provided; and

to determine all rights to credit memoranda or refunds arising

on account of the erroneous payment of tax, penalty, or

interest hereunder. In the administration of and compliance

with this paragraph, the Department and persons who are subject

to this paragraph shall have the same rights, remedies,

privileges, immunities, powers, and duties, and be subject to

the same conditions, restrictions, limitations, penalties,

exclusions, exemptions, and definitions of terms and employ the

same modes of procedure, as are prescribed in Sections 2

(except the definition of "retailer maintaining a place of

business in this State"), 3 through 3-80 (except provisions

pertaining to the State rate of tax, and except provisions

concerning collection or refunding of the tax by retailers), 4,

11, 12, 12a, 14, 15, 19 (except the portions pertaining to

claims by retailers and except the last paragraph concerning

refunds), 20, 21, and 22 of the Use Tax Act and Section 3-7 of

the Uniform Penalty and Interest Act that are not inconsistent

with this paragraph, as fully as if those provisions were set

forth herein.

Whenever the Department determines that a refund should be

made under this paragraph to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the

amount specified, and to the person named, in the notification

from the Department. The refund shall be paid by the State

Treasurer out of a county water commission tax fund established

under subsection (g) of this Section.

(e) A certificate of registration issued by the State

Department of Revenue to a retailer under the Retailers'

Occupation Tax Act or under the Service Occupation Tax Act

shall permit the registrant to engage in a business that is

taxed under the tax imposed under subsection (b), (c), or (d)

of this Section and no additional registration shall be

required under the tax. A certificate issued under the Use Tax

Act or the Service Use Tax Act shall be applicable with regard

to any tax imposed under subsection (c) of this Section.

(f) Any ordinance imposing or discontinuing any tax under

this Section shall be adopted and a certified copy thereof

filed with the Department on or before June 1, whereupon the

Department of Revenue shall proceed to administer and enforce

this Section on behalf of the county water commission as of

September 1 next following the adoption and filing. Beginning

January 1, 1992, an ordinance or resolution imposing or

discontinuing the tax hereunder shall be adopted and a

certified copy thereof filed with the Department on or before

the first day of July, whereupon the Department shall proceed

to administer and enforce this Section as of the first day of

October next following such adoption and filing. Beginning

January 1, 1993, an ordinance or resolution imposing or

discontinuing the tax hereunder shall be adopted and a

certified copy thereof filed with the Department on or before

the first day of October, whereupon the Department shall

proceed to administer and enforce this Section as of the first

day of January next following such adoption and filing.

(g) The State Department of Revenue shall, upon collecting

any taxes as provided in this Section, pay the taxes over to

the State Treasurer as trustee for the commission. The taxes

shall be held in a trust fund outside the State Treasury.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this Section

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the State

Department of Revenue shall prepare and certify to the

Comptroller of the State of Illinois the amount to be paid to

the commission, which shall be the amount (not including credit

memoranda) collected under this Section during the second

preceding calendar month by the Department plus an amount the

Department determines is necessary to offset any amounts that

were erroneously paid to a different taxing body, and not

including any amount equal to the amount of refunds made during

the second preceding calendar month by the Department on behalf

of the commission, and not including any amount that the

Department determines is necessary to offset any amounts that

were payable to a different taxing body but were erroneously

paid to the commission, and less any amounts that are

transferred to the STAR Bonds Revenue Fund, less 1.5% of the

remainder, which shall be transferred into the Tax Compliance

and Administration Fund. The Department, at the time of each

monthly disbursement to the commission, shall prepare and

certify to the State Comptroller the amount to be transferred

into the Tax Compliance and Administration Fund under this

subsection. Within 10 days after receipt by the Comptroller of

the certification of the amount to be paid to the commission

and the Tax Compliance and Administration Fund, the Comptroller

shall cause an order to be drawn for the payment for the amount

in accordance with the direction in the certification.

(h) Beginning June 1, 2016, any tax imposed pursuant to

this Section may no longer be imposed or collected, unless a

continuation of the tax is approved by the voters at a

referendum as set forth in this Section.

(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;

100-23, eff. 7-6-17; 100-587, eff. 6-4-18; 100-863, eff.

8-14-18; 100-1171, eff. 1-4-19; revised 1-11-19.)

Section 385. The School Code is amended by changing

Sections 2-3.25g, 3-15.12a, 10-17a, 10-22.3f, 10-22.6, 10-29,

21B-20, 21B-25, 21B-30, 21B-40, 22-30, 22-80, 24-5, 24-12,

26-2a, 26-12, 27-8.1, 27-22.05, and 27A-5, by setting forth,

renumbering, and changing multiple versions of Sections

2-3.173 and 10-20.67, and by setting forth and renumbering

multiple versions of Section 27-23.11 as follows:

(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)

Sec. 2-3.25g. Waiver or modification of mandates within the

School Code and administrative rules and regulations.

(a) In this Section:

"Board" means a school board or the governing board or

administrative district, as the case may be, for a joint

agreement.

"Eligible applicant" means a school district, joint

agreement made up of school districts, or regional

superintendent of schools on behalf of schools and programs

operated by the regional office of education.

"Implementation date" has the meaning set forth in

Section 24A-2.5 of this Code.

"State Board" means the State Board of Education.

(b) Notwithstanding any other provisions of this School

Code or any other law of this State to the contrary, eligible

applicants may petition the State Board of Education for the

waiver or modification of the mandates of this School Code or

of the administrative rules and regulations promulgated by the

State Board of Education. Waivers or modifications of

administrative rules and regulations and modifications of

mandates of this School Code may be requested when an eligible

applicant demonstrates that it can address the intent of the

rule or mandate in a more effective, efficient, or economical

manner or when necessary to stimulate innovation or improve

student performance. Waivers of mandates of the School Code may

be requested when the waivers are necessary to stimulate

innovation or improve student performance or when the applicant

demonstrates that it can address the intent of the mandate of

the School Code in a more effective, efficient, or economical

manner. Waivers may not be requested from laws, rules, and

regulations pertaining to special education, teacher educator

licensure, teacher tenure and seniority, or Section 5-2.1 of

this Code or from compliance with the Every Student Succeeds

Act (Public Law 114-95). Eligible applicants may not seek a

waiver or seek a modification of a mandate regarding the

requirements for (i) student performance data to be a

significant factor in teacher or principal evaluations or (ii)

teachers and principals to be rated using the 4 categories of

"excellent", "proficient", "needs improvement", or

"unsatisfactory". On September 1, 2014, any previously

authorized waiver or modification from such requirements shall

terminate.

(c) Eligible applicants, as a matter of inherent managerial

policy, and any Independent Authority established under

Section 2-3.25f-5 of this Code may submit an application for a

waiver or modification authorized under this Section. Each

application must include a written request by the eligible

applicant or Independent Authority and must demonstrate that

the intent of the mandate can be addressed in a more effective,

efficient, or economical manner or be based upon a specific

plan for improved student performance and school improvement.

Any eligible applicant requesting a waiver or modification for

the reason that intent of the mandate can be addressed in a

more economical manner shall include in the application a

fiscal analysis showing current expenditures on the mandate and

projected savings resulting from the waiver or modification.

Applications and plans developed by eligible applicants must be

approved by the board or regional superintendent of schools

applying on behalf of schools or programs operated by the

regional office of education following a public hearing on the

application and plan and the opportunity for the board or

regional superintendent to hear testimony from staff directly

involved in its implementation, parents, and students. The time

period for such testimony shall be separate from the time

period established by the eligible applicant for public comment

on other matters.

(c-5) If the applicant is a school district, then the

district shall post information that sets forth the time, date,

place, and general subject matter of the public hearing on its

Internet website at least 14 days prior to the hearing. If the

district is requesting to increase the fee charged for driver

education authorized pursuant to Section 27-24.2 of this Code,

the website information shall include the proposed amount of

the fee the district will request. All school districts must

publish a notice of the public hearing at least 7 days prior to

the hearing in a newspaper of general circulation within the

school district that sets forth the time, date, place, and

general subject matter of the hearing. Districts requesting to

increase the fee charged for driver education shall include in

the published notice the proposed amount of the fee the

district will request. If the applicant is a joint agreement or

regional superintendent, then the joint agreement or regional

superintendent shall post information that sets forth the time,

date, place, and general subject matter of the public hearing

on its Internet website at least 14 days prior to the hearing.

If the joint agreement or regional superintendent is requesting

to increase the fee charged for driver education authorized

pursuant to Section 27-24.2 of this Code, the website

information shall include the proposed amount of the fee the

applicant will request. All joint agreements and regional

superintendents must publish a notice of the public hearing at

least 7 days prior to the hearing in a newspaper of general

circulation in each school district that is a member of the

joint agreement or that is served by the educational service

region that sets forth the time, date, place, and general

subject matter of the hearing, provided that a notice appearing

in a newspaper generally circulated in more than one school

district shall be deemed to fulfill this requirement with

respect to all of the affected districts. Joint agreements or

regional superintendents requesting to increase the fee

charged for driver education shall include in the published

notice the proposed amount of the fee the applicant will

request. The eligible applicant must notify either

electronically or in writing the affected exclusive collective

bargaining agent and those State legislators representing the

eligible applicant's territory of its intent to seek approval

of a waiver or modification and of the hearing to be held to

take testimony from staff. The affected exclusive collective

bargaining agents shall be notified of such public hearing at

least 7 days prior to the date of the hearing and shall be

allowed to attend such public hearing. The eligible applicant

shall attest to compliance with all of the notification and

procedural requirements set forth in this Section.

(d) A request for a waiver or modification of

administrative rules and regulations or for a modification of

mandates contained in this School Code shall be submitted to

the State Board of Education within 15 days after approval by

the board or regional superintendent of schools. The

application as submitted to the State Board of Education shall

include a description of the public hearing. Following receipt

of the waiver or modification request, the State Board shall

have 45 days to review the application and request. If the

State Board fails to disapprove the application within that

45-day 45 day period, the waiver or modification shall be

deemed granted. The State Board may disapprove any request if

it is not based upon sound educational practices, endangers the

health or safety of students or staff, compromises equal

opportunities for learning, or fails to demonstrate that the

intent of the rule or mandate can be addressed in a more

effective, efficient, or economical manner or have improved

student performance as a primary goal. Any request disapproved

by the State Board may be appealed to the General Assembly by

the eligible applicant as outlined in this Section.

A request for a waiver from mandates contained in this

School Code shall be submitted to the State Board within 15

days after approval by the board or regional superintendent of

schools. The application as submitted to the State Board of

Education shall include a description of the public hearing.

The description shall include, but need not be limited to, the

means of notice, the number of people in attendance, the number

of people who spoke as proponents or opponents of the waiver, a

brief description of their comments, and whether there were any

written statements submitted. The State Board shall review the

applications and requests for completeness and shall compile

the requests in reports to be filed with the General Assembly.

The State Board shall file reports outlining the waivers

requested by eligible applicants and appeals by eligible

applicants of requests disapproved by the State Board with the

Senate and the House of Representatives before each March 1 and

October 1.

The report shall be reviewed by a panel of 4 members

consisting of:

(1) the Speaker of the House of Representatives;

(2) the Minority Leader of the House of

Representatives;

(3) the President of the Senate; and

(4) the Minority Leader of the Senate.

The State Board of Education may provide the panel

recommendations on waiver requests. The members of the panel

shall review the report submitted by the State Board of

Education and submit to the State Board of Education any notice

of further consideration to any waiver request within 14 days

after the member receives the report. If 3 or more of the panel

members submit a notice of further consideration to any waiver

request contained within the report, the State Board of

Education shall submit the waiver request to the General

Assembly for consideration. If less than 3 panel members submit

a notice of further consideration to a waiver request, the

waiver may be approved, denied, or modified by the State Board.

If the State Board does not act on a waiver request within 10

days, then the waiver request is approved. If the waiver

request is denied by the State Board, it shall submit the

waiver request to the General Assembly for consideration.

The General Assembly may disapprove any waiver request

submitted to the General Assembly pursuant to this subsection

(d) in whole or in part within 60 calendar days after each

house of the General Assembly next convenes after the waiver

request is submitted by adoption of a resolution by a record

vote of the majority of members elected in each house. If the

General Assembly fails to disapprove any waiver request or

appealed request within such 60-day 60 day period, the waiver

or modification shall be deemed granted. Any resolution adopted

by the General Assembly disapproving a report of the State

Board in whole or in part shall be binding on the State Board.

(e) An approved waiver or modification may remain in effect

for a period not to exceed 5 school years and may be renewed

upon application by the eligible applicant. However, such

waiver or modification may be changed within that 5-year period

by a board or regional superintendent of schools applying on

behalf of schools or programs operated by the regional office

of education following the procedure as set forth in this

Section for the initial waiver or modification request. If

neither the State Board of Education nor the General Assembly

disapproves, the change is deemed granted.

(f) (Blank).

(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17;

100-782, eff. 1-1-19; revised 10-1-18.)

(105 ILCS 5/2-3.173)

Sec. 2-3.173. Substitute teachers; recruiting firms.

(a) In this Section, "recruiting firm" means a company with

expertise in finding qualified applicants for positions and

screening those potential workers for an employer.

(b) By January 1, 2019, the State Board of Education shall

implement a program and adopt rules to allow school districts

to supplement their substitute teacher recruitment for

elementary and secondary schools with the use of recruiting

firms, subject to the other provisions of this Section. To

qualify for the program, a school district shall demonstrate to

the State Board that, because of the severity of its substitute

teacher shortage, it is unable to find an adequate amount of

substitute or retired teachers and has exhausted all other

efforts. Substitute teachers provided by a recruiting firm must

adhere to all mandated State laws, rules, and screening

requirements for substitute teachers not provided by a

recruiting firm and must be paid on the same wage scale as

substitute teachers not provided by a recruiting firm. This

Section shall not be construed to require school districts to

use recruiting firms for substitute teachers. A school district

may not use a recruiting firm under this Section to circumvent

any collective bargaining agreements or State laws, rules, or

screening requirements for teachers. A school district may not

reduce the number of full-time staff members of a department as

a result of hiring a substitute teacher recruiting firm. In the

event of a teacher's strike, a school district may not use a

recruiting firm to hire a substitute teacher.

(c) A school district organized under Article 34 of this

Code may contract with a substitute teacher recruiting firm

under this Section only if the district meets the following

requirements:

(1) certifies to the State Board of Education that it

has adequate funds to fill and pay for all substitute

teacher positions;

(2) prioritizes existing substitute teachers over

substitute teachers from recruiting firms;

(3) files copies of all substitute teacher contracts

with the State Board of Education; and

(4) requires that the substitute teacher recruiting

firm file an annual report with the school district that

would include the number of substitute teachers that were

placed in the district, the total cost of the contract to

the district, and the percentage of substitute teacher

openings that were filled.

(d) A substitute teacher recruiting firm may enter into an

agreement with a labor organization that has a collective

bargaining agreement with a school district.

(Source: P.A. 100-813, eff. 8-13-18.)

(105 ILCS 5/2-3.174)

Sec. 2-3.174 2-3.173. Supporting Future Teachers Program.

(a) In this Section:

"English learner" means a child included in the definition

of "English learners" under Section 14C-2 of this Code.

"Low-income student" means a student that would be included

in an Organizational Unit's Low-Income Count, as calculated

under Section 18-8.15 of this Code.

"Program" means the Supporting Future Teachers Program

established under this Section.

"Qualified participant" means a high school graduate who:

(i) can demonstrate proficiency in a language other than

English or is a recipient of a State Seal of Biliteracy or, at

any one time during pre-kindergarten through grade 12, was

identified as a low-income student; and (ii) is a member of the

community in which the participating school district is

located. A "qualified participant" must be enrolled in an

educator preparation program approved by the State Board of

Education at a regionally accredited institution of higher

education in this State.

"State Board" means the State Board of Education.

(b) Beginning with the 2019-2020 school year, the State

Board shall establish and maintain the Supporting Future

Teachers Program to assist qualified participants in acquiring

a Professional Educator License.

(c) Each participating school district shall partner with

an educator preparation program approved by the State Board at

a regionally accredited institution of higher education in this

State. Each qualified participant enrolled in the Program

through the school district must be enrolled at least part-time

each semester at that institution of higher education in its

educator preparation program and be working toward a

Professional Educator License.

(d) A qualified participant shall no longer qualify for the

Program if at any time the participating school district or the

institution of higher education determines that the qualified

participant is no longer making substantial progress toward a

degree in an approved educator preparation program.

(e) Throughout each semester of participation in the

Program, the qualified participant must be employed by the

participating school district and working under the

supervision of a school district employee. Duties of the

qualified participant may include, but are not limited to (i)

working in cooperation with his or her supervisor under this

subsection (e) to create classroom curriculum and lesson plans

and (ii) working with and mentoring English learners or

low-income students on a one-on-one basis.

Each participating school district may use appropriate

State, federal, or local revenue to employ the qualified

participant.

(f) At the end of each school year of the Program, each

participating school district shall submit data to the State

Board detailing all of the following:

(1) The number of qualified participants enrolled in

the Program.

(2) The costs associated with the Program.

(3) The duties assigned to each qualified participant

by his or her supervisor.

(4) The current status of each qualified participant in

his or her educator preparation program.

(5) The qualified participant's Illinois Educator

Identification Number, if available.

(6) Any other information requested by the State Board.

(g) Prior to the 2023-2024 school year, the State Board

shall electronically submit a report to the Clerk of the House

of Representatives and the Secretary of the Senate detailing

the first 4 years of the program, including, but not limited

to, the following information:

(1) The participating school districts in the Program.

(2) The number of qualified participants enrolled in

the Program.

(3) The costs associated with the Program per school

district.

(4) A summary of the duties assigned to qualified

participants by school district supervisors.

(5) Any other information as determined by the State

Board.

(h) The State Board may establish and adopt any rules

necessary to implement this Section.

(i) Nothing in this Section shall be construed to require a

school district to participate in the Program.

(Source: P.A. 100-982, eff. 8-19-18; revised 10-16-18.)

(105 ILCS 5/2-3.175)

Sec. 2-3.175 2-3.173. Registered apprenticeship program.

(a) In this Section, "registered apprenticeship program"

means an industry-based occupational training program of study

with standards reviewed and approved by the United States

Department of Labor that meets each of the following

characteristics:

(1) Apprentices in the program are at all times

employed by a company participating in the program.

(2) The program features a structured combination of

on-the-job learning supported by related technical

classroom instruction, met either by a high school or a

public community college.

(3) Apprentices in the program are paid a training wage

of not less than the State minimum wage, which escalates

throughout the life of the apprenticeship, and employment

is continued with the company following conclusion of the

apprenticeship for a period of not less than 2 years.

(4) Apprentices in the program earn an

industry-related occupational skills certificate and a

high school diploma.

(5) Apprentices in the program may earn postsecondary

credit toward a certificate or degree, as applicable.

"Registered apprenticeship program" does not include an

apprenticeship program related to construction, as defined

under the Employee Classification Act.

(b) No later than 6 months after August 20, 2018 (the

effective date of Public Act 100-992) this amendatory Act of

the 100th General Assembly, the State Board of Education shall

initiate a rulemaking proceeding to adopt rules as may be

necessary to allow students of any high school in this State

who are 16 years of age or older to participate in registered

apprenticeship programs. The rules shall include the waiver of

all non-academic requirements mandated for graduation from a

high school under this Code that would otherwise prohibit or

prevent a student from participating in a registered

apprenticeship program.

(Source: P.A. 100-992, eff. 8-20-18; revised 10-16-18.)

(105 ILCS 5/3-15.12a)

Sec. 3-15.12a. Alternate route to high school diploma for

adult learners.

(a) The purpose of Public Act 100-514 this amendatory Act

of the 100th General Assembly is to provide eligible applicants

that have been or are unable to establish agreements with a

secondary or unit school district in the area in which the

applicant is located with a process for attaining the authority

to award high school diplomas to adult learners.

(a-5) In this Section:

"Adult learner" means a person ineligible for reenrollment

under subsection (b) of Section 26-2 of this Code and 34 CFR

300.102.

"Board" means the Illinois Community College Board.

"Eligible applicant" means a community college established

and operating under the authority of the Public Community

College Act; a non-profit entity in partnership with a regional

superintendent of schools; the chief administrator of an

intermediate service center that has the authority, under rules

adopted by the State Board of Education, to issue a high school

diploma; or a school district organized under Article 34 of

this Code. In order to be an eligible applicant, an entity

under this definition, other than a school district organized

under Article 34 of this Code, must provide evidence or other

documentation that it is or has been unable to establish an

agreement with a secondary or unit school district in which the

eligible applicant is located to provide a program in which

students who successfully complete the program can receive a

high school diploma from their school district of residence.

"Executive Director" means the Executive Director of the

Illinois Community College Board.

"High school diploma program for adult learners" means a

program approved to operate under this Section that provides a

program of alternative alterative study to adult learners

leading to the issuance of a high school diploma.

(b) An eligible applicant is authorized to design a high

school diploma program for adult learners, to be approved by

the Board prior to implementation. A non-profit eligible

applicant shall operate this program only within the

jurisdictional authority of the regional superintendent of

schools, the chief administrator of an intermediate service

center, or a school district organized Article 34 of this Code

with whom the non-profit eligible applicant has entered into a

partnership. An approved program shall include, without

limitation, all of the following:

(1) An administrative structure, program activities,

program staff, a budget, and a specific curriculum that is

consistent with Illinois Learning Standards, as well as

Illinois content standards for adults, but may be different

from a regular school program in terms of location, length

of school day, program sequence, multidisciplinary

courses, pace, instructional activities, or any

combination of these.

(2) Issuance of a high school diploma only if an adult

learner meets all minimum requirements under this Code and

its implementing rules for receipt of a high school

diploma.

(3) Specific academic, behavioral, and emotional

support services to be offered to adult learners enrolled

in the program.

(4) Career and technical education courses that lead to

industry certifications in high growth and in-demand

industry sectors or dual credit courses from a regionally

accredited post-secondary educational institution

consistent with the Dual Credit Quality Act. The program

may include partnering with a community college district to

provide career and technical education courses that lead to

industry certifications.

(5) Specific program outcomes and goals and metrics to

be used by the program to determine success.

(6) The requirement that all instructional staff must

hold an educator license valid for the high school grades

issued under Article 21B of this Code.

(7) Any other requirements adopted by rule by the

Board.

(c) Eligible applicants shall apply for approval of a high

school diploma program for adult learners to the Board on forms

prescribed by the Board.

(1) Initial approval shall be for a period not to

exceed 2 school years.

(2) Renewal of approval shall be for a period not to

exceed 4 school years and shall be contingent upon at least

specific documented outcomes of student progression,

graduation rates, and earning of industry-recognized

credentials.

(3) Program approval may be given only if the Executive

Director determines that the eligible applicant has

provided assurance through evidence of other documentation

that it will meet the requirements of subsection (b) of

this Section and any rules adopted by the Board. The Board

shall make public any evaluation criteria it uses in making

a determination of program approval or denial.

(4) Notwithstanding anything in this Code to the

contrary, a non-profit eligible applicant shall provide

the following to the Board:

(A) documentation that the non-profit entity will

fulfill the requirements of subsection (b) of this

Section;

(B) evidence that the non-profit entity has the

capacity to fulfill the requirements of this Section;

(C) a description of the coordination and

oversight that the eligible entity will provide in the

administration of the program by the non-profit

entity;

(D) evidence that the non-profit entity has a

history of providing services to adults 18 years of age

or older whose educational and training opportunities

have been limited by educational disadvantages,

disabilities, and challenges.

(5) If an eligible applicant that has been approved

fails to meet any of the requirements of subsection (b) of

this Section and any rules adopted by the Board, the

Executive Director shall immediately initiate a process to

revoke the eligible applicant's approval to provide the

program, pursuant to rules adopted by the Board.

(d) The Board may adopt any rules necessary to implement

this Section.

(Source: P.A. 100-514, eff. 9-22-17; revised 10-1-18.)

(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)

(Text of Section before amendment by P.A. 100-448)

Sec. 10-17a. State, school district, and school report

cards.

(1) By October 31, 2013 and October 31 of each subsequent

school year, the State Board of Education, through the State

Superintendent of Education, shall prepare a State report card,

school district report cards, and school report cards, and

shall by the most economic means provide to each school

district in this State, including special charter districts and

districts subject to the provisions of Article 34, the report

cards for the school district and each of its schools.

(2) In addition to any information required by federal law,

the State Superintendent shall determine the indicators and

presentation of the school report card, which must include, at

a minimum, the most current data collected and maintained by

the State Board of Education related to the following:

(A) school characteristics and student demographics,

including average class size, average teaching experience,

student racial/ethnic breakdown, and the percentage of

students classified as low-income; the percentage of

students classified as English learners; the percentage of

students who have individualized education plans or 504

plans that provide for special education services; the

number and percentage of all students who have been

assessed for placement in a gifted education or advanced

academic program and, of those students: (i) the racial and

ethnic breakdown, (ii) the percentage who are classified as

low-income, and (iii) the number and percentage of students

who received direct instruction from a teacher who holds a

gifted education endorsement and, of those students, the

percentage who are classified as low-income; the

percentage of students scoring at the "exceeds

expectations" level on the assessments required under

Section 2-3.64a-5 of this Code; the percentage of students

who annually transferred in or out of the school district;

the per-pupil operating expenditure of the school

district; and the per-pupil State average operating

expenditure for the district type (elementary, high

school, or unit);

(B) curriculum information, including, where

applicable, Advanced Placement, International

Baccalaureate or equivalent courses, dual enrollment

courses, foreign language classes, school personnel

resources (including Career Technical Education teachers),

before and after school programs, extracurricular

activities, subjects in which elective classes are

offered, health and wellness initiatives (including the

average number of days of Physical Education per week per

student), approved programs of study, awards received,

community partnerships, and special programs such as

programming for the gifted and talented, students with

disabilities, and work-study students;

(C) student outcomes, including, where applicable, the

percentage of students deemed proficient on assessments of

State standards, the percentage of students in the eighth

grade who pass Algebra, the percentage of students enrolled

in post-secondary institutions (including colleges,

universities, community colleges, trade/vocational

schools, and training programs leading to career

certification within 2 semesters of high school

graduation), the percentage of students graduating from

high school who are college and career ready, and the

percentage of graduates enrolled in community colleges,

colleges, and universities who are in one or more courses

that the community college, college, or university

identifies as a developmental course;

(D) student progress, including, where applicable, the

percentage of students in the ninth grade who have earned 5

credits or more without failing more than one core class, a

measure of students entering kindergarten ready to learn, a

measure of growth, and the percentage of students who enter

high school on track for college and career readiness;

(E) the school environment, including, where

applicable, the percentage of students with less than 10

absences in a school year, the percentage of teachers with

less than 10 absences in a school year for reasons other

than professional development, leaves taken pursuant to

the federal Family Medical Leave Act of 1993, long-term

disability, or parental leaves, the 3-year average of the

percentage of teachers returning to the school from the

previous year, the number of different principals at the

school in the last 6 years, the number of teachers who hold

a gifted education endorsement, the process and criteria

used by the district to determine whether a student is

eligible for participation in a gifted education program or

advanced academic program and the manner in which parents

and guardians are made aware of the process and criteria, 2

or more indicators from any school climate survey selected

or approved by the State and administered pursuant to

Section 2-3.153 of this Code, with the same or similar

indicators included on school report cards for all surveys

selected or approved by the State pursuant to Section

2-3.153 of this Code, and the combined percentage of

teachers rated as proficient or excellent in their most

recent evaluation;

(F) a school district's and its individual schools'

balanced accountability measure, in accordance with

Section 2-3.25a of this Code;

(G) the total and per pupil normal cost amount the

State contributed to the Teachers' Retirement System of the

State of Illinois in the prior fiscal year for the school's

employees, which shall be reported to the State Board of

Education by the Teachers' Retirement System of the State

of Illinois;

(H) for a school district organized under Article 34 of

this Code only, State contributions to the Public School

Teachers' Pension and Retirement Fund of Chicago and State

contributions for health care for employees of that school

district;

(I) a school district's Final Percent of Adequacy, as

defined in paragraph (4) of subsection (f) of Section

18-8.15 of this Code;

(J) a school district's Local Capacity Target, as

defined in paragraph (2) of subsection (c) of Section

18-8.15 of this Code, displayed as a percentage amount;

(K) a school district's Real Receipts, as defined in

paragraph (1) of subsection (d) of Section 18-8.15 of this

Code, divided by a school district's Adequacy Target, as

defined in paragraph (1) of subsection (b) of Section

18-8.15 of this Code, displayed as a percentage amount; and

(L) a school district's administrative costs; and .

(M) (L) whether or not the school has participated in

the Illinois Youth Survey. In this paragraph (M) (L),

"Illinois Youth Survey" means a self-report survey,

administered in school settings every 2 years, designed to

gather information about health and social indicators,

including substance abuse patterns and the attitudes of

students in grades 8, 10, and 12.

The school report card shall also provide information that

allows for comparing the current outcome, progress, and

environment data to the State average, to the school data from

the past 5 years, and to the outcomes, progress, and

environment of similar schools based on the type of school and

enrollment of low-income students, special education students,

and English learners.

As used in this subsection (2):

"Administrative costs" means costs associated with

executive, administrative, or managerial functions within the

school district that involve planning, organizing, managing,

or directing the school district.

"Advanced academic program" means a course of study to

which students are assigned based on advanced cognitive ability

or advanced academic achievement compared to local age peers

and in which the curriculum is substantially differentiated

from the general curriculum to provide appropriate challenge

and pace.

"Gifted education" means educational services, including

differentiated curricula and instructional methods, designed

to meet the needs of gifted children as defined in Article 14A

of this Code.

(3) At the discretion of the State Superintendent, the

school district report card shall include a subset of the

information identified in paragraphs (A) through (E) of

subsection (2) of this Section, as well as information relating

to the operating expense per pupil and other finances of the

school district, and the State report card shall include a

subset of the information identified in paragraphs (A) through

(E) of subsection (2) of this Section.

(4) Notwithstanding anything to the contrary in this

Section, in consultation with key education stakeholders, the

State Superintendent shall at any time have the discretion to

amend or update any and all metrics on the school, district, or

State report card.

(5) Annually, no more than 30 calendar days after receipt

of the school district and school report cards from the State

Superintendent of Education, each school district, including

special charter districts and districts subject to the

provisions of Article 34, shall present such report cards at a

regular school board meeting subject to applicable notice

requirements, post the report cards on the school district's

Internet web site, if the district maintains an Internet web

site, make the report cards available to a newspaper of general

circulation serving the district, and, upon request, send the

report cards home to a parent (unless the district does not

maintain an Internet web site, in which case the report card

shall be sent home to parents without request). If the district

posts the report card on its Internet web site, the district

shall send a written notice home to parents stating (i) that

the report card is available on the web site, (ii) the address

of the web site, (iii) that a printed copy of the report card

will be sent to parents upon request, and (iv) the telephone

number that parents may call to request a printed copy of the

report card.

(6) Nothing contained in Public Act 98-648 repeals,

supersedes, invalidates, or nullifies final decisions in

lawsuits pending on July 1, 2014 (the effective date of Public

Act 98-648) in Illinois courts involving the interpretation of

Public Act 97-8.

(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;

99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.

1-1-18; 100-465, eff. 8-31-17; 100-807, eff. 8-10-18; 100-863,

eff. 8-14-18; 100-1121, eff. 1-1-19; revised 12-19-18.)

(Text of Section after amendment by P.A. 100-448)

Sec. 10-17a. State, school district, and school report

cards.

(1) By October 31, 2013 and October 31 of each subsequent

school year, the State Board of Education, through the State

Superintendent of Education, shall prepare a State report card,

school district report cards, and school report cards, and

shall by the most economic means provide to each school

district in this State, including special charter districts and

districts subject to the provisions of Article 34, the report

cards for the school district and each of its schools.

(2) In addition to any information required by federal law,

the State Superintendent shall determine the indicators and

presentation of the school report card, which must include, at

a minimum, the most current data collected and maintained by

the State Board of Education related to the following:

(A) school characteristics and student demographics,

including average class size, average teaching experience,

student racial/ethnic breakdown, and the percentage of

students classified as low-income; the percentage of

students classified as English learners; the percentage of

students who have individualized education plans or 504

plans that provide for special education services; the

number and percentage of all students who have been

assessed for placement in a gifted education or advanced

academic program and, of those students: (i) the racial and

ethnic breakdown, (ii) the percentage who are classified as

low-income, and (iii) the number and percentage of students

who received direct instruction from a teacher who holds a

gifted education endorsement and, of those students, the

percentage who are classified as low-income; the

percentage of students scoring at the "exceeds

expectations" level on the assessments required under

Section 2-3.64a-5 of this Code; the percentage of students

who annually transferred in or out of the school district;

average daily attendance; the per-pupil operating

expenditure of the school district; and the per-pupil State

average operating expenditure for the district type

(elementary, high school, or unit);

(B) curriculum information, including, where

applicable, Advanced Placement, International

Baccalaureate or equivalent courses, dual enrollment

courses, foreign language classes, school personnel

resources (including Career Technical Education teachers),

before and after school programs, extracurricular

activities, subjects in which elective classes are

offered, health and wellness initiatives (including the

average number of days of Physical Education per week per

student), approved programs of study, awards received,

community partnerships, and special programs such as

programming for the gifted and talented, students with

disabilities, and work-study students;

(C) student outcomes, including, where applicable, the

percentage of students deemed proficient on assessments of

State standards, the percentage of students in the eighth

grade who pass Algebra, the percentage of students enrolled

in post-secondary institutions (including colleges,

universities, community colleges, trade/vocational

schools, and training programs leading to career

certification within 2 semesters of high school

graduation), the percentage of students graduating from

high school who are college and career ready, and the

percentage of graduates enrolled in community colleges,

colleges, and universities who are in one or more courses

that the community college, college, or university

identifies as a developmental course;

(D) student progress, including, where applicable, the

percentage of students in the ninth grade who have earned 5

credits or more without failing more than one core class, a

measure of students entering kindergarten ready to learn, a

measure of growth, and the percentage of students who enter

high school on track for college and career readiness;

(E) the school environment, including, where

applicable, the percentage of students with less than 10

absences in a school year, the percentage of teachers with

less than 10 absences in a school year for reasons other

than professional development, leaves taken pursuant to

the federal Family Medical Leave Act of 1993, long-term

disability, or parental leaves, the 3-year average of the

percentage of teachers returning to the school from the

previous year, the number of different principals at the

school in the last 6 years, the number of teachers who hold

a gifted education endorsement, the process and criteria

used by the district to determine whether a student is

eligible for participation in a gifted education program or

advanced academic program and the manner in which parents

and guardians are made aware of the process and criteria, 2

or more indicators from any school climate survey selected

or approved by the State and administered pursuant to

Section 2-3.153 of this Code, with the same or similar

indicators included on school report cards for all surveys

selected or approved by the State pursuant to Section

2-3.153 of this Code, and the combined percentage of

teachers rated as proficient or excellent in their most

recent evaluation;

(F) a school district's and its individual schools'

balanced accountability measure, in accordance with

Section 2-3.25a of this Code;

(G) the total and per pupil normal cost amount the

State contributed to the Teachers' Retirement System of the

State of Illinois in the prior fiscal year for the school's

employees, which shall be reported to the State Board of

Education by the Teachers' Retirement System of the State

of Illinois;

(H) for a school district organized under Article 34 of

this Code only, State contributions to the Public School

Teachers' Pension and Retirement Fund of Chicago and State

contributions for health care for employees of that school

district;

(I) a school district's Final Percent of Adequacy, as

defined in paragraph (4) of subsection (f) of Section

18-8.15 of this Code;

(J) a school district's Local Capacity Target, as

defined in paragraph (2) of subsection (c) of Section

18-8.15 of this Code, displayed as a percentage amount;

(K) a school district's Real Receipts, as defined in

paragraph (1) of subsection (d) of Section 18-8.15 of this

Code, divided by a school district's Adequacy Target, as

defined in paragraph (1) of subsection (b) of Section

18-8.15 of this Code, displayed as a percentage amount; and

(L) a school district's administrative costs; and .

(M) (L) whether or not the school has participated in

the Illinois Youth Survey. In this paragraph (M) (L),

"Illinois Youth Survey" means a self-report survey,

administered in school settings every 2 years, designed to

gather information about health and social indicators,

including substance abuse patterns and the attitudes of

students in grades 8, 10, and 12.

The school report card shall also provide information that

allows for comparing the current outcome, progress, and

environment data to the State average, to the school data from

the past 5 years, and to the outcomes, progress, and

environment of similar schools based on the type of school and

enrollment of low-income students, special education students,

and English learners.

As used in this subsection (2):

"Administrative costs" means costs associated with

executive, administrative, or managerial functions within the

school district that involve planning, organizing, managing,

or directing the school district.

"Advanced academic program" means a course of study to

which students are assigned based on advanced cognitive ability

or advanced academic achievement compared to local age peers

and in which the curriculum is substantially differentiated

from the general curriculum to provide appropriate challenge

and pace.

"Gifted education" means educational services, including

differentiated curricula and instructional methods, designed

to meet the needs of gifted children as defined in Article 14A

of this Code.

For the purposes of paragraph (A) of this subsection (2),

"average daily attendance" means the average of the actual

number of attendance days during the previous school year for

any enrolled student who is subject to compulsory attendance by

Section 26-1 of this Code at each school and charter school.

(3) At the discretion of the State Superintendent, the

school district report card shall include a subset of the

information identified in paragraphs (A) through (E) of

subsection (2) of this Section, as well as information relating

to the operating expense per pupil and other finances of the

school district, and the State report card shall include a

subset of the information identified in paragraphs (A) through

(E) of subsection (2) of this Section. The school district

report card shall include the average daily attendance, as that

term is defined in subsection (2) of this Section, of students

who have individualized education programs and students who

have 504 plans that provide for special education services

within the school district.

(4) Notwithstanding anything to the contrary in this

Section, in consultation with key education stakeholders, the

State Superintendent shall at any time have the discretion to

amend or update any and all metrics on the school, district, or

State report card.

(5) Annually, no more than 30 calendar days after receipt

of the school district and school report cards from the State

Superintendent of Education, each school district, including

special charter districts and districts subject to the

provisions of Article 34, shall present such report cards at a

regular school board meeting subject to applicable notice

requirements, post the report cards on the school district's

Internet web site, if the district maintains an Internet web

site, make the report cards available to a newspaper of general

circulation serving the district, and, upon request, send the

report cards home to a parent (unless the district does not

maintain an Internet web site, in which case the report card

shall be sent home to parents without request). If the district

posts the report card on its Internet web site, the district

shall send a written notice home to parents stating (i) that

the report card is available on the web site, (ii) the address

of the web site, (iii) that a printed copy of the report card

will be sent to parents upon request, and (iv) the telephone

number that parents may call to request a printed copy of the

report card.

(6) Nothing contained in Public Act 98-648 repeals,

supersedes, invalidates, or nullifies final decisions in

lawsuits pending on July 1, 2014 (the effective date of Public

Act 98-648) in Illinois courts involving the interpretation of

Public Act 97-8.

(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;

99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.

1-1-18; 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807,

eff. 8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19;

revised 12-19-18.)

(105 ILCS 5/10-20.67)

(Section scheduled to be repealed on July 1, 2023)

Sec. 10-20.67. Short-term substitute teacher training.

(a) Each school board shall, in collaboration with its

teachers or, if applicable, the exclusive bargaining

representative of its teachers, jointly develop a short-term

substitute teacher training program that provides individuals

who hold a Short-Term Substitute Teaching License under Section

21B-20 of this Code with information on curriculum, classroom

management techniques, school safety, and district and

building operations. The State Board of Education may develop a

model short-term substitute teacher training program for use by

a school board under this subsection (a) if the school board

and its teachers or, if applicable, the exclusive bargaining

representative of its teachers agree to use the State Board's

model. A school board with a substitute teacher training

program in place before July 1, 2018 (the effective date of

Public Act 100-596) this amendatory Act of the 100th General

Assembly may utilize that program to satisfy the requirements

of this subsection (a).

(b) Nothing in this Section prohibits a school board from

offering substitute training to substitute teachers licensed

under paragraph (3) of Section 21B-20 of this Code or to

substitute teachers holding a Professional Educator License.

(c) This Section is repealed on July 1, 2023.

(Source: P.A. 100-596, eff. 7-1-18; revised 10-22-18.)

(105 ILCS 5/10-20.68)

Sec. 10-20.68 10-20.67. School resource officer.

(a) In this Section, "school resource officer" means a law

enforcement officer who has been primarily assigned to a school

or school district under an agreement with a local law

enforcement agency.

(b) Beginning January 1, 2021, any law enforcement agency

that provides a school resource officer under this Section

shall provide to the school district a certificate of

completion, or approved waiver, issued by the Illinois Law

Enforcement Training Standards Board under Section 10.22 of the

Illinois Police Training Act indicating that the subject

officer has completed the requisite course of instruction in

the applicable subject areas within one year of assignment, or

has prior experience and training which satisfies this

requirement.

(c) In an effort to defray the related costs, any law

enforcement agency that provides a school resource officer

should apply for grant funding through the federal Community

Oriented Policing Services grant program.

(Source: P.A. 100-984, eff. 1-1-19; revised 10-22-18.)

(105 ILCS 5/10-22.3f)

Sec. 10-22.3f. Required health benefits. Insurance

protection and benefits for employees shall provide the

post-mastectomy care benefits required to be covered by a

policy of accident and health insurance under Section 356t and

the coverage required under Sections 356g, 356g.5, 356g.5-1,

356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,

356z.13, 356z.14, 356z.15, 356z.22, 356z.25, and 356z.26, and

356z.29, and 356z.32 of the Illinois Insurance Code. Insurance

policies shall comply with Section 356z.19 of the Illinois

Insurance Code. The coverage shall comply with Sections

155.22a, 355b, and 370c of the Illinois Insurance Code. The

Department of Insurance shall enforce the requirements of this

Section.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;

100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.

1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)

(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

Sec. 10-22.6. Suspension or expulsion of pupils; school

searches.

(a) To expel pupils guilty of gross disobedience or

misconduct, including gross disobedience or misconduct

perpetuated by electronic means, pursuant to subsection (b-20)

of this Section, and no action shall lie against them for such

expulsion. Expulsion shall take place only after the parents

have been requested to appear at a meeting of the board, or

with a hearing officer appointed by it, to discuss their

child's behavior. Such request shall be made by registered or

certified mail and shall state the time, place and purpose of

the meeting. The board, or a hearing officer appointed by it,

at such meeting shall state the reasons for dismissal and the

date on which the expulsion is to become effective. If a

hearing officer is appointed by the board, he shall report to

the board a written summary of the evidence heard at the

meeting and the board may take such action thereon as it finds

appropriate. If the board acts to expel a pupil, the written

expulsion decision shall detail the specific reasons why

removing the pupil from the learning environment is in the best

interest of the school. The expulsion decision shall also

include a rationale as to the specific duration of the

expulsion. An expelled pupil may be immediately transferred to

an alternative program in the manner provided in Article 13A or

13B of this Code. A pupil must not be denied transfer because

of the expulsion, except in cases in which such transfer is

deemed to cause a threat to the safety of students or staff in

the alternative program.

(b) To suspend or by policy to authorize the superintendent

of the district or the principal, assistant principal, or dean

of students of any school to suspend pupils guilty of gross

disobedience or misconduct, or to suspend pupils guilty of

gross disobedience or misconduct on the school bus from riding

the school bus, pursuant to subsections (b-15) and (b-20) of

this Section, and no action shall lie against them for such

suspension. The board may by policy authorize the

superintendent of the district or the principal, assistant

principal, or dean of students of any school to suspend pupils

guilty of such acts for a period not to exceed 10 school days.

If a pupil is suspended due to gross disobedience or misconduct

on a school bus, the board may suspend the pupil in excess of

10 school days for safety reasons.

Any suspension shall be reported immediately to the parents

or guardian of a pupil along with a full statement of the

reasons for such suspension and a notice of their right to a

review. The school board must be given a summary of the notice,

including the reason for the suspension and the suspension

length. Upon request of the parents or guardian, the school

board or a hearing officer appointed by it shall review such

action of the superintendent or principal, assistant

principal, or dean of students. At such review, the parents or

guardian of the pupil may appear and discuss the suspension

with the board or its hearing officer. If a hearing officer is

appointed by the board, he shall report to the board a written

summary of the evidence heard at the meeting. After its hearing

or upon receipt of the written report of its hearing officer,

the board may take such action as it finds appropriate. If a

student is suspended pursuant to this subsection (b), the board

shall, in the written suspension decision, detail the specific

act of gross disobedience or misconduct resulting in the

decision to suspend. The suspension decision shall also include

a rationale as to the specific duration of the suspension. A

pupil who is suspended in excess of 20 school days may be

immediately transferred to an alternative program in the manner

provided in Article 13A or 13B of this Code. A pupil must not

be denied transfer because of the suspension, except in cases

in which such transfer is deemed to cause a threat to the

safety of students or staff in the alternative program.

(b-5) Among the many possible disciplinary interventions

and consequences available to school officials, school

exclusions, such as out-of-school suspensions and expulsions,

are the most serious. School officials shall limit the number

and duration of expulsions and suspensions to the greatest

extent practicable, and it is recommended that they use them

only for legitimate educational purposes. To ensure that

students are not excluded from school unnecessarily, it is

recommended that school officials consider forms of

non-exclusionary discipline prior to using out-of-school

suspensions or expulsions.

(b-10) Unless otherwise required by federal law or this

Code, school boards may not institute zero-tolerance policies

by which school administrators are required to suspend or expel

students for particular behaviors.

(b-15) Out-of-school suspensions of 3 days or less may be

used only if the student's continuing presence in school would

pose a threat to school safety or a disruption to other

students' learning opportunities. For purposes of this

subsection (b-15), "threat to school safety or a disruption to

other students' learning opportunities" shall be determined on

a case-by-case basis by the school board or its designee.

School officials shall make all reasonable efforts to resolve

such threats, address such disruptions, and minimize the length

of suspensions to the greatest extent practicable.

(b-20) Unless otherwise required by this Code,

out-of-school suspensions of longer than 3 days, expulsions,

and disciplinary removals to alternative schools may be used

only if other appropriate and available behavioral and

disciplinary interventions have been exhausted and the

student's continuing presence in school would either (i) pose a

threat to the safety of other students, staff, or members of

the school community or (ii) substantially disrupt, impede, or

interfere with the operation of the school. For purposes of

this subsection (b-20), "threat to the safety of other

students, staff, or members of the school community" and

"substantially disrupt, impede, or interfere with the

operation of the school" shall be determined on a case-by-case

basis by school officials. For purposes of this subsection

(b-20), the determination of whether "appropriate and

available behavioral and disciplinary interventions have been

exhausted" shall be made by school officials. School officials

shall make all reasonable efforts to resolve such threats,

address such disruptions, and minimize the length of student

exclusions to the greatest extent practicable. Within the

suspension decision described in subsection (b) of this Section

or the expulsion decision described in subsection (a) of this

Section, it shall be documented whether other interventions

were attempted or whether it was determined that there were no

other appropriate and available interventions.

(b-25) Students who are suspended out-of-school for longer

than 4 school days shall be provided appropriate and available

support services during the period of their suspension. For

purposes of this subsection (b-25), "appropriate and available

support services" shall be determined by school authorities.

Within the suspension decision described in subsection (b) of

this Section, it shall be documented whether such services are

to be provided or whether it was determined that there are no

such appropriate and available services.

A school district may refer students who are expelled to

appropriate and available support services.

A school district shall create a policy to facilitate the

re-engagement of students who are suspended out-of-school,

expelled, or returning from an alternative school setting.

(b-30) A school district shall create a policy by which

suspended pupils, including those pupils suspended from the

school bus who do not have alternate transportation to school,

shall have the opportunity to make up work for equivalent

academic credit. It shall be the responsibility of a pupil's

parent or guardian to notify school officials that a pupil

suspended from the school bus does not have alternate

transportation to school.

(c) The Department of Human Services shall be invited to

send a representative to consult with the board at such meeting

whenever there is evidence that mental illness may be the cause

for expulsion or suspension.

(c-5) School districts shall make reasonable efforts to

provide ongoing professional development to teachers,

administrators, school board members, school resource

officers, and staff on the adverse consequences of school

exclusion and justice-system involvement, effective classroom

management strategies, culturally responsive discipline, the

appropriate and available supportive services for the

promotion of student attendance and engagement, and

developmentally appropriate disciplinary methods that promote

positive and healthy school climates.

(d) The board may expel a student for a definite period of

time not to exceed 2 calendar years, as determined on a

case-by-case basis. A student who is determined to have brought

one of the following objects to school, any school-sponsored

activity or event, or any activity or event that bears a

reasonable relationship to school shall be expelled for a

period of not less than one year:

(1) A firearm. For the purposes of this Section,

"firearm" means any gun, rifle, shotgun, weapon as defined

by Section 921 of Title 18 of the United States Code,

firearm as defined in Section 1.1 of the Firearm Owners

Identification Card Act, or firearm as defined in Section

24-1 of the Criminal Code of 2012. The expulsion period

under this subdivision (1) may be modified by the

superintendent, and the superintendent's determination may

be modified by the board on a case-by-case basis.

(2) A knife, brass knuckles or other knuckle weapon

regardless of its composition, a billy club, or any other

object if used or attempted to be used to cause bodily

harm, including "look alikes" of any firearm as defined in

subdivision (1) of this subsection (d). The expulsion

requirement under this subdivision (2) may be modified by

the superintendent, and the superintendent's determination

may be modified by the board on a case-by-case basis.

Expulsion or suspension shall be construed in a manner

consistent with the federal Federal Individuals with

Disabilities Education Act. A student who is subject to

suspension or expulsion as provided in this Section may be

eligible for a transfer to an alternative school program in

accordance with Article 13A of the School Code.

(d-5) The board may suspend or by regulation authorize the

superintendent of the district or the principal, assistant

principal, or dean of students of any school to suspend a

student for a period not to exceed 10 school days or may expel

a student for a definite period of time not to exceed 2

calendar years, as determined on a case-by-case basis, if (i)

that student has been determined to have made an explicit

threat on an Internet website against a school employee, a

student, or any school-related personnel, (ii) the Internet

website through which the threat was made is a site that was

accessible within the school at the time the threat was made or

was available to third parties who worked or studied within the

school grounds at the time the threat was made, and (iii) the

threat could be reasonably interpreted as threatening to the

safety and security of the threatened individual because of his

or her duties or employment status or status as a student

inside the school.

(e) To maintain order and security in the schools, school

authorities may inspect and search places and areas such as

lockers, desks, parking lots, and other school property and

equipment owned or controlled by the school, as well as

personal effects left in those places and areas by students,

without notice to or the consent of the student, and without a

search warrant. As a matter of public policy, the General

Assembly finds that students have no reasonable expectation of

privacy in these places and areas or in their personal effects

left in these places and areas. School authorities may request

the assistance of law enforcement officials for the purpose of

conducting inspections and searches of lockers, desks, parking

lots, and other school property and equipment owned or

controlled by the school for illegal drugs, weapons, or other

illegal or dangerous substances or materials, including

searches conducted through the use of specially trained dogs.

If a search conducted in accordance with this Section produces

evidence that the student has violated or is violating either

the law, local ordinance, or the school's policies or rules,

such evidence may be seized by school authorities, and

disciplinary action may be taken. School authorities may also

turn over such evidence to law enforcement authorities.

(f) Suspension or expulsion may include suspension or

expulsion from school and all school activities and a

prohibition from being present on school grounds.

(g) A school district may adopt a policy providing that if

a student is suspended or expelled for any reason from any

public or private school in this or any other state, the

student must complete the entire term of the suspension or

expulsion in an alternative school program under Article 13A of

this Code or an alternative learning opportunities program

under Article 13B of this Code before being admitted into the

school district if there is no threat to the safety of students

or staff in the alternative program.

(h) School officials shall not advise or encourage students

to drop out voluntarily due to behavioral or academic

difficulties.

(i) A student may not be issued a monetary fine or fee as a

disciplinary consequence, though this shall not preclude

requiring a student to provide restitution for lost, stolen, or

damaged property.

(j) Subsections (a) through (i) of this Section shall apply

to elementary and secondary schools, charter schools, special

charter districts, and school districts organized under

Article 34 of this Code.

(k) The expulsion of children enrolled in programs funded

under Section 1C-2 of this Code is subject to the requirements

under paragraph (7) of subsection (a) of Section 2-3.71 of this

Code.

(l) Beginning with the 2018-2019 school year, an in-school

suspension program provided by a school district for any

students in kindergarten through grade 12 may focus on

promoting non-violent conflict resolution and positive

interaction with other students and school personnel. A school

district may employ a school social worker or a licensed mental

health professional to oversee an in-school suspension program

in kindergarten through grade 12.

(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;

100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff.

8-22-18; revised 10-1-18.)

(105 ILCS 5/10-29)

Sec. 10-29. Remote educational programs.

(a) For purposes of this Section, "remote educational

program" means an educational program delivered to students in

the home or other location outside of a school building that

meets all of the following criteria:

(1) A student may participate in the program only after

the school district, pursuant to adopted school board

policy, and a person authorized to enroll the student under

Section 10-20.12b of this Code determine that a remote

educational program will best serve the student's

individual learning needs. The adopted school board policy

shall include, but not be limited to, all of the following:

(A) Criteria for determining that a remote

educational program will best serve a student's

individual learning needs. The criteria must include

consideration of, at a minimum, a student's prior

attendance, disciplinary record, and academic history.

(B) Any limitations on the number of students or

grade levels that may participate in a remote

educational program.

(C) A description of the process that the school

district will use to approve participation in the

remote educational program. The process must include

without limitation a requirement that, for any student

who qualifies to receive services pursuant to the

federal Individuals with Disabilities Education

Improvement Act of 2004, the student's participation

in a remote educational program receive prior approval

from the student's individualized education program

team.

(D) A description of the process the school

district will use to develop and approve a written

remote educational plan that meets the requirements of

subdivision (5) of this subsection (a).

(E) A description of the system the school district

will establish to determine student participation in

instruction in accordance with the remote educational

program.

(F) A description of the process for renewing a

remote educational program at the expiration of its

term.

(G) Such other terms and provisions as the school

district deems necessary to provide for the

establishment and delivery of a remote educational

program.

(2) The school district has determined that the remote

educational program's curriculum is aligned to State

learning standards and that the program offers instruction

and educational experiences consistent with those given to

students at the same grade level in the district.

(3) The remote educational program is delivered by

instructors that meet the following qualifications:

(A) they are certificated under Article 21 of this

Code;

(B) (blank); and

(C) they have responsibility for all of the

following elements of the program: planning

instruction, diagnosing learning needs, prescribing

content delivery through class activities, assessing

learning, reporting outcomes to administrators and

parents and guardians, and evaluating the effects of

instruction.

(4) During the period of time from and including the

opening date to the closing date of the regular school term

of the school district established pursuant to Section

10-19 of this Code, participation in a remote educational

program may be claimed for evidence-based funding purposes

under Section 18-8.15 of this Code on any calendar day,

notwithstanding whether the day is a day of pupil

attendance or institute day on the school district's

calendar or any other provision of law restricting

instruction on that day. If the district holds year-round

classes in some buildings, the district shall classify each

student's participation in a remote educational program as

either on a year-round or a non-year-round schedule for

purposes of claiming evidence-based funding. Outside of

the regular school term of the district, the remote

educational program may be offered as part of any summer

school program authorized by this Code.

(5) Each student participating in a remote educational

program must have a written remote educational plan that

has been approved by the school district and a person

authorized to enroll the student under Section 10-20.12b of

this Code. The school district and a person authorized to

enroll the student under Section 10-20.12b of this Code

must approve any amendment to a remote educational plan.

The remote educational plan must include, but is not

limited to, all of the following:

(A) Specific achievement goals for the student

aligned to State learning standards.

(B) A description of all assessments that will be

used to measure student progress, which description

shall indicate the assessments that will be

administered at an attendance center within the school

district.

(C) A description of the progress reports that will

be provided to the school district and the person or

persons authorized to enroll the student under Section

10-20.12b of this Code.

(D) Expectations, processes, and schedules for

interaction between a teacher and student.

(E) A description of the specific responsibilities

of the student's family and the school district with

respect to equipment, materials, phone and Internet

service, and any other requirements applicable to the

home or other location outside of a school building

necessary for the delivery of the remote educational

program.

(F) If applicable, a description of how the remote

educational program will be delivered in a manner

consistent with the student's individualized education

program required by Section 614(d) of the federal

Individuals with Disabilities Education Improvement

Act of 2004 or plan to ensure compliance with Section

504 of the federal Rehabilitation Act of 1973.

(G) A description of the procedures and

opportunities for participation in academic and

extracurricular extra-curricular activities and

programs within the school district.

(H) The identification of a parent, guardian, or

other responsible adult who will provide direct

supervision of the program. The plan must include an

acknowledgment by the parent, guardian, or other

responsible adult that he or she may engage only in

non-teaching duties not requiring instructional

judgment or the evaluation of a student. The plan shall

designate the parent, guardian, or other responsible

adult as non-teaching personnel or volunteer personnel

under subsection (a) of Section 10-22.34 of this Code.

(I) The identification of a school district

administrator who will oversee the remote educational

program on behalf of the school district and who may be

contacted by the student's parents with respect to any

issues or concerns with the program.

(J) The term of the student's participation in the

remote educational program, which may not extend for

longer than 12 months, unless the term is renewed by

the district in accordance with subdivision (7) of this

subsection (a).

(K) A description of the specific location or

locations in which the program will be delivered. If

the remote educational program is to be delivered to a

student in any location other than the student's home,

the plan must include a written determination by the

school district that the location will provide a

learning environment appropriate for the delivery of

the program. The location or locations in which the

program will be delivered shall be deemed a long

distance teaching reception area under subsection (a)

of Section 10-22.34 of this Code.

(L) Certification by the school district that the

plan meets all other requirements of this Section.

(6) Students participating in a remote educational

program must be enrolled in a school district attendance

center pursuant to the school district's enrollment policy

or policies. A student participating in a remote

educational program must be tested as part of all

assessments administered by the school district pursuant

to Section 2-3.64a-5 of this Code at the attendance center

in which the student is enrolled and in accordance with the

attendance center's assessment policies and schedule. The

student must be included within all accountability

determinations for the school district and attendance

center under State and federal law.

(7) The term of a student's participation in a remote

educational program may not extend for longer than 12

months, unless the term is renewed by the school district.

The district may only renew a student's participation in a

remote educational program following an evaluation of the

student's progress in the program, a determination that the

student's continuation in the program will best serve the

student's individual learning needs, and an amendment to

the student's written remote educational plan addressing

any changes for the upcoming term of the program.

For purposes of this Section, a remote educational program

does not include instruction delivered to students through an

e-learning program approved under Section 10-20.56 of this

Code.

(b) A school district may, by resolution of its school

board, establish a remote educational program.

(c) (Blank).

(d) The impact of remote educational programs on wages,

hours, and terms and conditions of employment of educational

employees within the school district shall be subject to local

collective bargaining agreements.

(e) The use of a home or other location outside of a school

building for a remote educational program shall not cause the

home or other location to be deemed a public school facility.

(f) A remote educational program may be used, but is not

required, for instruction delivered to a student in the home or

other location outside of a school building that is not claimed

for evidence-based funding purposes under Section 18-8.15 of

this Code.

(g) School districts that, pursuant to this Section, adopt

a policy for a remote educational program must submit to the

State Board of Education a copy of the policy and any

amendments thereto, as well as data on student participation in

a format specified by the State Board of Education. The State

Board of Education may perform or contract with an outside

entity to perform an evaluation of remote educational programs

in this State.

(h) The State Board of Education may adopt any rules

necessary to ensure compliance by remote educational programs

with the requirements of this Section and other applicable

legal requirements.

(Source: P.A. 99-193, eff. 7-30-15; 99-194, eff. 7-30-15;

99-642, eff. 7-28-16; 100-465, eff. 8-31-17; 100-1046, eff.

8-23-18; revised 10-4-18.)

(105 ILCS 5/21B-20)

Sec. 21B-20. Types of licenses. The State Board of

Education shall implement a system of educator licensure,

whereby individuals employed in school districts who are

required to be licensed must have one of the following

licenses: (i) a professional educator license; (ii) an educator

license with stipulations; (iii) a substitute teaching

license; or (iv) until June 30, 2023, a short-term substitute

teaching license. References in law regarding individuals

certified or certificated or required to be certified or

certificated under Article 21 of this Code shall also include

individuals licensed or required to be licensed under this

Article. The first year of all licenses ends on June 30

following one full year of the license being issued.

The State Board of Education, in consultation with the

State Educator Preparation and Licensure Board, may adopt such

rules as may be necessary to govern the requirements for

licenses and endorsements under this Section.

(1) Professional Educator License. Persons who (i)

have successfully completed an approved educator

preparation program and are recommended for licensure by

the Illinois institution offering the educator preparation

program, (ii) have successfully completed the required

testing under Section 21B-30 of this Code, (iii) have

successfully completed coursework on the psychology of,

the identification of, and the methods of instruction for

the exceptional child, including without limitation

children with learning disabilities, (iv) have

successfully completed coursework in methods of reading

and reading in the content area, and (v) have met all other

criteria established by rule of the State Board of

Education shall be issued a Professional Educator License.

All Professional Educator Licenses are valid until June 30

immediately following 5 years of the license being issued.

The Professional Educator License shall be endorsed with

specific areas and grade levels in which the individual is

eligible to practice.

Individuals can receive subsequent endorsements on the

Professional Educator License. Subsequent endorsements

shall require a minimum of 24 semester hours of coursework

in the endorsement area and passage of the applicable

content area test, unless otherwise specified by rule.

(2) Educator License with Stipulations. An Educator

License with Stipulations shall be issued an endorsement

that limits the license holder to one particular position

or does not require completion of an approved educator

program or both.

An individual with an Educator License with

Stipulations must not be employed by a school district or

any other entity to replace any presently employed teacher

who otherwise would not be replaced for any reason.

An Educator License with Stipulations may be issued

with the following endorsements:

(A) (Blank). A A provisional educator endorsement

for a service member or a spouse of a service member is

valid until June 30 immediately following 3 years of

the license being issued, provided that any remaining

testing and coursework deficiencies are met under this

Section. In this Section, "spouse of a service member"

means any person who, at the time of application under

this Section, is the spouse of an active duty member of

the United States Armed Forces or any reserve component

of the United States Armed Forces or the National Guard

of any state, commonwealth, or territory of the United

States or the District of Columbia.

Except as otherwise provided under this

subparagraph, a

(B) Alternative provisional educator. An

alternative provisional educator endorsement on an

Educator License with Stipulations may be issued to an

applicant who, at the time of applying for the

endorsement, has done all of the following:

(i) Graduated from a regionally accredited

college or university with a minimum of a

bachelor's degree.

(ii) Successfully completed the first phase of

the Alternative Educator Licensure Program for

Teachers, as described in Section 21B-50 of this

Code.

(iii) Passed a test of basic skills and content

area test, as required under Section 21B-30 of this

Code.

The alternative provisional educator endorsement is

valid for 2 years of teaching and may be renewed for a

third year by an individual meeting the requirements set

forth in Section 21B-50 of this Code.

(C) Alternative provisional superintendent. An

alternative provisional superintendent endorsement on

an Educator License with Stipulations entitles the

holder to serve only as a superintendent or assistant

superintendent in a school district's central office.

This endorsement may only be issued to an applicant

who, at the time of applying for the endorsement, has

done all of the following:

(i) Graduated from a regionally accredited

college or university with a minimum of a master's

degree in a management field other than education.

(ii) Been employed for a period of at least 5

years in a management level position in a field

other than education.

(iii) Successfully completed the first phase

of an alternative route to superintendent

endorsement program, as provided in Section 21B-55

of this Code.

(iv) Passed a test of basic skills and content

area tests required under Section 21B-30 of this

Code.

The endorsement is valid for 2 fiscal years in

order to complete one full year of serving as a

superintendent or assistant superintendent.

(D) (Blank).

(E) Career and technical educator. A career and

technical educator endorsement on an Educator License

with Stipulations may be issued to an applicant who has

a minimum of 60 semester hours of coursework from a

regionally accredited institution of higher education

or an accredited trade and technical institution and

has a minimum of 2,000 hours of experience outside of

education in each area to be taught.

The career and technical educator endorsement on

an Educator License with Stipulations is valid until

June 30 immediately following 5 years of the

endorsement being issued and may be renewed. For

individuals who were issued the career and technical

educator endorsement on an Educator License with

Stipulations on or after January 1, 2015, the license

may be renewed if the individual passes a test of basic

skills or test of work proficiency, as required under

Section 21B-30 of this Code.

An individual who holds a valid career and

technical educator endorsement on an Educator License

with Stipulations but does not hold a bachelor's degree

may substitute teach in career and technical education

classrooms.

(F) Part-time provisional career and technical

educator or provisional career and technical educator.

A part-time provisional career and technical educator

endorsement or a provisional career and technical

educator endorsement on an Educator License with

Stipulations may be issued to an applicant who has a

minimum of 8,000 hours of work experience in the skill

for which the applicant is seeking the endorsement. It

is the responsibility of each employing school board

and regional office of education to provide

verification, in writing, to the State Superintendent

of Education at the time the application is submitted

that no qualified teacher holding a Professional

Educator License or an Educator License with

Stipulations with a career and technical educator

endorsement is available and that actual circumstances

require such issuance.

The provisional career and technical educator

endorsement on an Educator License with Stipulations

is valid until June 30 immediately following 5 years of

the endorsement being issued and may be renewed for 5

years. For individuals who were issued the provisional

career and technical educator endorsement on an

Educator License with Stipulations on or after January

1, 2015, the license may be renewed if the individual

passes a test of basic skills or test of work

proficiency, as required under Section 21B-30 of this

Code.

A part-time provisional career and technical

educator endorsement on an Educator License with

Stipulations may be issued for teaching no more than 2

courses of study for grades 6 through 12. The part-time

provisional career and technical educator endorsement

on an Educator License with Stipulations is valid until

June 30 immediately following 5 years of the

endorsement being issued and may be renewed for 5 years

if the individual makes application for renewal.

An individual who holds a provisional or part-time

provisional career and technical educator endorsement

on an Educator License with Stipulations but does not

hold a bachelor's degree may substitute teach in career

and technical education classrooms.

(G) Transitional bilingual educator. A

transitional bilingual educator endorsement on an

Educator License with Stipulations may be issued for

the purpose of providing instruction in accordance

with Article 14C of this Code to an applicant who

provides satisfactory evidence that he or she meets all

of the following requirements:

(i) Possesses adequate speaking, reading, and

writing ability in the language other than English

in which transitional bilingual education is

offered.

(ii) Has the ability to successfully

communicate in English.

(iii) Either possessed, within 5 years

previous to his or her applying for a transitional

bilingual educator endorsement, a valid and

comparable teaching certificate or comparable

authorization issued by a foreign country or holds

a degree from an institution of higher learning in

a foreign country that the State Educator

Preparation and Licensure Board determines to be

the equivalent of a bachelor's degree from a

regionally accredited institution of higher

learning in the United States.

A transitional bilingual educator endorsement

shall be valid for prekindergarten through grade 12, is

valid until June 30 immediately following 5 years of

the endorsement being issued, and shall not be renewed.

Persons holding a transitional bilingual educator

endorsement shall not be employed to replace any

presently employed teacher who otherwise would not be

replaced for any reason.

(H) Language endorsement. In an effort to

alleviate the shortage of teachers speaking a language

other than English in the public schools, an individual

who holds an Educator License with Stipulations may

also apply for a language endorsement, provided that

the applicant provides satisfactory evidence that he

or she meets all of the following requirements:

(i) Holds a transitional bilingual

endorsement.

(ii) Has demonstrated proficiency in the

language for which the endorsement is to be issued

by passing the applicable language content test

required by the State Board of Education.

(iii) Holds a bachelor's degree or higher from

a regionally accredited institution of higher

education or, for individuals educated in a

country other than the United States, holds a

degree from an institution of higher learning in a

foreign country that the State Educator

Preparation and Licensure Board determines to be

the equivalent of a bachelor's degree from a

regionally accredited institution of higher

learning in the United States.

(iv) Has passed a test of basic skills, as

required under Section 21B-30 of this Code.

A language endorsement on an Educator License with

Stipulations is valid for prekindergarten through

grade 12 for the same validity period as the

individual's transitional bilingual educator

endorsement on the Educator License with Stipulations

and shall not be renewed.

(I) Visiting international educator. A visiting

international educator endorsement on an Educator

License with Stipulations may be issued to an

individual who is being recruited by a particular

school district that conducts formal recruitment

programs outside of the United States to secure the

services of qualified teachers and who meets all of the

following requirements:

(i) Holds the equivalent of a minimum of a

bachelor's degree issued in the United States.

(ii) Has been prepared as a teacher at the

grade level for which he or she will be employed.

(iii) Has adequate content knowledge in the

subject to be taught.

(iv) Has an adequate command of the English

language.

A holder of a visiting international educator

endorsement on an Educator License with Stipulations

shall be permitted to teach in bilingual education

programs in the language that was the medium of

instruction in his or her teacher preparation program,

provided that he or she passes the English Language

Proficiency Examination or another test of writing

skills in English identified by the State Board of

Education, in consultation with the State Educator

Preparation and Licensure Board.

A visiting international educator endorsement on

an Educator License with Stipulations is valid for 3

years and shall not be renewed.

(J) Paraprofessional educator. A paraprofessional

educator endorsement on an Educator License with

Stipulations may be issued to an applicant who holds a

high school diploma or its recognized equivalent and

either holds an associate's degree or a minimum of 60

semester hours of credit from a regionally accredited

institution of higher education or has passed a test of

basic skills required under Section 21B-30 of this

Code. The paraprofessional educator endorsement is

valid until June 30 immediately following 5 years of

the endorsement being issued and may be renewed through

application and payment of the appropriate fee, as

required under Section 21B-40 of this Code. An

individual who holds only a paraprofessional educator

endorsement is not subject to additional requirements

in order to renew the endorsement.

(K) Chief school business official. A chief school

business official endorsement on an Educator License

with Stipulations may be issued to an applicant who

qualifies by having a master's degree or higher, 2

years of full-time administrative experience in school

business management or 2 years of university-approved

practical experience, and a minimum of 24 semester

hours of graduate credit in a program approved by the

State Board of Education for the preparation of school

business administrators and by passage of the

applicable State tests, including a test of basic

skills and applicable content area test.

The chief school business official endorsement may

also be affixed to the Educator License with

Stipulations of any holder who qualifies by having a

master's degree in business administration, finance,

accounting, or public administration and who completes

an additional 6 semester hours of internship in school

business management from a regionally accredited

institution of higher education and passes the

applicable State tests, including a test of basic

skills and applicable content area test. This

endorsement shall be required for any individual

employed as a chief school business official.

The chief school business official endorsement on

an Educator License with Stipulations is valid until

June 30 immediately following 5 years of the

endorsement being issued and may be renewed if the

license holder completes renewal requirements as

required for individuals who hold a Professional

Educator License endorsed for chief school business

official under Section 21B-45 of this Code and such

rules as may be adopted by the State Board of

Education.

The State Board of Education shall adopt any rules

necessary to implement Public Act 100-288.

(L) Provisional in-state educator. A provisional

in-state educator endorsement on an Educator License

with Stipulations may be issued to a candidate who has

completed an Illinois-approved educator preparation

program at an Illinois institution of higher education

and who has not successfully completed an

evidence-based assessment of teacher effectiveness but

who meets all of the following requirements:

(i) Holds at least a bachelor's degree.

(ii) Has completed an approved educator

preparation program at an Illinois institution.

(iii) Has passed a test of basic skills and

applicable content area test, as required by

Section 21B-30 of this Code.

(iv) Has attempted an evidence-based

assessment of teacher effectiveness and received a

minimum score on that assessment, as established

by the State Board of Education in consultation

with the State Educator Preparation and Licensure

Board.

A provisional in-state educator endorsement on an

Educator License with Stipulations is valid for one

full fiscal year after the date of issuance and may not

be renewed.

(M) School support personnel intern. A school

support personnel intern endorsement on an Educator

License with Stipulations may be issued as specified by

rule.

(N) Special education area. A special education

area endorsement on an Educator License with

Stipulations may be issued as defined and specified by

rule.

(3) Substitute Teaching License. A Substitute Teaching

License may be issued to qualified applicants for

substitute teaching in all grades of the public schools,

prekindergarten through grade 12. Substitute Teaching

Licenses are not eligible for endorsements. Applicants for

a Substitute Teaching License must hold a bachelor's degree

or higher from a regionally accredited institution of

higher education.

Substitute Teaching Licenses are valid for 5 years.

Substitute Teaching Licenses are valid for substitute

teaching in every county of this State. If an individual

has had his or her Professional Educator License or

Educator License with Stipulations suspended or revoked,

then that individual is not eligible to obtain a Substitute

Teaching License.

A substitute teacher may only teach in the place of a

licensed teacher who is under contract with the employing

board. If, however, there is no licensed teacher under

contract because of an emergency situation, then a district

may employ a substitute teacher for no longer than 30

calendar days per each vacant position in the district if

the district notifies the appropriate regional office of

education within 5 business days after the employment of

the substitute teacher in the emergency situation. An

emergency situation is one in which an unforeseen vacancy

has occurred and (i) a teacher is unable to fulfill his or

her contractual duties or (ii) teacher capacity needs of

the district exceed previous indications, and the district

is actively engaged in advertising to hire a fully licensed

teacher for the vacant position.

There is no limit on the number of days that a

substitute teacher may teach in a single school district,

provided that no substitute teacher may teach for longer

than 90 school days for any one licensed teacher under

contract in the same school year. A substitute teacher who

holds a Professional Educator License or Educator License

with Stipulations shall not teach for more than 120 school

days for any one licensed teacher under contract in the

same school year. The limitations in this paragraph (3) on

the number of days a substitute teacher may be employed do

not apply to any school district operating under Article 34

of this Code.

A school district may not require an individual who

holds a valid Professional Educator License or Educator

License with Stipulations to seek or hold a Substitute

Teaching License to teach as a substitute teacher.

(4) Short-Term Substitute Teaching License. Beginning

on July 1, 2018 and until June 30, 2023, the State Board of

Education may issue a Short-Term Substitute Teaching

License. A Short-Term Substitute Teaching License may be

issued to a qualified applicant for substitute teaching in

all grades of the public schools, prekindergarten through

grade 12. Short-Term Substitute Teaching Licenses are not

eligible for endorsements. Applicants for a Short-Term

Substitute Teaching License must hold an associate's

degree or have completed at least 60 credit hours from a

regionally accredited institution of higher education.

Short-Term Substitute Teaching Licenses are valid for

substitute teaching in every county of this State. If an

individual has had his or her Professional Educator License

or Educator License with Stipulations suspended or

revoked, then that individual is not eligible to obtain a

Short-Term Substitute Teaching License.

The provisions of Sections 10-21.9 and 34-18.5 of this

Code apply to short-term substitute teachers.

An individual holding a Short-Term Substitute Teaching

License may teach no more than 5 consecutive days per

licensed teacher who is under contract. For teacher

absences lasting 6 or more days per licensed teacher who is

under contract, a school district may not hire an

individual holding a Short-Term Substitute Teaching

License. An individual holding a Short-Term Substitute

Teaching License must complete the training program under

Section 10-20.67 or 34-18.60 of this Code to be eligible to

teach at a public school. This paragraph (4) is inoperative

on and after July 1, 2023.

(Source: P.A. 99-35, eff. 1-1-16; 99-58, eff. 7-16-15; 99-143,

eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8,

eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17;

100-596, eff. 7-1-18; 100-821, eff. 9-3-18; 100-863, eff.

8-14-18; revised 10-1-18.)

(105 ILCS 5/21B-25)

Sec. 21B-25. Endorsement on licenses. All licenses issued

under paragraph (1) of Section 21B-20 of this Code shall be

specifically endorsed by the State Board of Education for each

content area, school support area, and administrative area for

which the holder of the license is qualified. Recognized

institutions approved to offer educator preparation programs

shall be trained to add endorsements to licenses issued to

applicants who meet all of the requirements for the endorsement

or endorsements, including passing any required tests. The

State Superintendent of Education shall randomly audit

institutions to ensure that all rules and standards are being

followed for entitlement or when endorsements are being

recommended.

(1) The State Board of Education, in consultation with

the State Educator Preparation and Licensure Board, shall

establish, by rule, the grade level and subject area

endorsements to be added to the Professional Educator

License. These rules shall outline the requirements for

obtaining each endorsement.

(2) In addition to any and all grade level and content

area endorsements developed by rule, the State Board of

Education, in consultation with the State Educator

Preparation and Licensure Board, shall develop the

requirements for the following endorsements:

(A) (Blank).

(B) Principal endorsement. A principal endorsement

shall be affixed to a Professional Educator License of

any holder who qualifies by having all of the

following:

(i) Successful completion of a principal

preparation program approved in accordance with

Section 21B-60 of this Code and any applicable

rules.

(ii) At least 4 total years of teaching or 4

total years of working in the capacity of school

support personnel in an Illinois public school or

nonpublic school recognized by the State Board of

Education, in a school under the supervision of the

Department of Corrections, or in an out-of-state

public school or out-of-state nonpublic school

meeting out-of-state recognition standards

comparable to those approved by the State

Superintendent of Education; however, the State

Board of Education, in consultation with the State

Educator Preparation and Licensure Board, shall

allow, by rules, for fewer than 4 years of

experience based on meeting standards set forth in

such rules, including without limitation a review

of performance evaluations or other evidence of

demonstrated qualifications.

(iii) A master's degree or higher from a

regionally accredited college or university.

(C) Chief school business official endorsement. A

chief school business official endorsement shall be

affixed to the Professional Educator License of any

holder who qualifies by having a master's degree or

higher, 2 years of full-time administrative experience

in school business management or 2 years of

university-approved practical experience, and a

minimum of 24 semester hours of graduate credit in a

program approved by the State Board of Education for

the preparation of school business administrators and

by passage of the applicable State tests. The chief

school business official endorsement may also be

affixed to the Professional Educator License of any

holder who qualifies by having a master's degree in

business administration, finance, accounting, or

public administration and who completes an additional

6 semester hours of internship in school business

management from a regionally accredited institution of

higher education and passes the applicable State

tests. This endorsement shall be required for any

individual employed as a chief school business

official.

(D) Superintendent endorsement. A superintendent

endorsement shall be affixed to the Professional

Educator License of any holder who has completed a

program approved by the State Board of Education for

the preparation of superintendents of schools, has had

at least 2 years of experience employed full-time in a

general administrative position or as a full-time

principal, director of special education, or chief

school business official in the public schools or in a

State-recognized nonpublic school in which the chief

administrator is required to have the licensure

necessary to be a principal in a public school in this

State and where a majority of the teachers are required

to have the licensure necessary to be instructors in a

public school in this State, and has passed the

required State tests; or of any holder who has

completed a program that is not an Illinois-approved

educator preparation program at an Illinois

institution of higher education and that has

recognition standards comparable to those approved by

the State Superintendent of Education and holds the

general administrative, principal, or chief school

business official endorsement and who has had 2 years

of experience as a principal, director of special

education, or chief school business official while

holding a valid educator license or certificate

comparable in validity and educational and experience

requirements and has passed the appropriate State

tests, as provided in Section 21B-30 of this Code. The

superintendent endorsement shall allow individuals to

serve only as a superintendent or assistant

superintendent.

(E) Teacher leader endorsement. It shall be the

policy of this State to improve the quality of

instructional leaders by providing a career pathway

for teachers interested in serving in leadership

roles, but not as principals. The State Board of

Education, in consultation with the State Educator

Preparation and Licensure Board, may issue a teacher

leader endorsement under this subdivision (E). Persons

who meet and successfully complete the requirements of

the endorsement shall be issued a teacher leader

endorsement on the Professional Educator License for

serving in schools in this State. Teacher leaders may

qualify to serve in such positions as department

chairs, coaches, mentors, curriculum and instruction

leaders, or other leadership positions as defined by

the district. The endorsement shall be available to

those teachers who (i) hold a Professional Educator

License, (ii) hold a master's degree or higher from a

regionally accredited institution, (iii) have

completed a program of study that has been approved by

the State Board of Education, in consultation with the

State Educator Preparation and Licensure Board, and

(iv) have successfully demonstrated competencies as

defined by rule.

A teacher who meets the requirements set forth in

this Section and holds a teacher leader endorsement may

evaluate teachers pursuant to Section 24A-5 of this

Code, provided that the individual has completed the

evaluation component required by Section 24A-3 of this

Code and a teacher leader is allowed to evaluate

personnel under the respective school district's

collective bargaining agreement.

The State Board of Education, in consultation with

the State Educator Preparation and Licensure Board,

may adopt such rules as may be necessary to establish

and implement the teacher leader endorsement program

and to specify the positions for which this endorsement

shall be required.

(F) Special education endorsement. A special

education endorsement in one or more areas shall be

affixed to a Professional Educator License for any

individual that meets those requirements established

by the State Board of Education in rules. Special

education endorsement areas shall include without

limitation the following:

(i) Learning Behavior Specialist I;

(ii) Learning Behavior Specialist II;

(iii) Speech Language Pathologist;

(iv) Blind or Visually Impaired;

(v) Deaf-Hard of Hearing;

(vi) Early Childhood Special Education; and

(vii) Director of Special Education.

Notwithstanding anything in this Code to the contrary,

the State Board of Education, in consultation with the

State Educator Preparation and Licensure Board, may

add additional areas of special education by rule.

(G) School support personnel endorsement. School

support personnel endorsement areas shall include, but

are not limited to, school counselor, marriage and

family therapist, school psychologist, school speech

and language pathologist, school nurse, and school

social worker. This endorsement is for individuals who

are not teachers or administrators, but still require

licensure to work in an instructional support position

in a public or State-operated elementary school,

secondary school, or cooperative or joint agreement

with a governing body or board of control or a charter

school operating in compliance with the Charter

Schools Law. The school support personnel endorsement

shall be affixed to the Professional Educator License

and shall meet all of the requirements established in

any rules adopted to implement this subdivision (G).

The holder of such an endorsement is entitled to all of

the rights and privileges granted holders of any other

Professional Educator License, including teacher

benefits, compensation, and working conditions.

(Source: P.A. 99-58, eff. 7-16-15; 99-623, eff. 7-22-16;

99-920, eff. 1-6-17; 100-13, eff. 7-1-17; 100-267, eff.

8-22-17; 100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-780,

eff. 1-1-19; 100-863, eff. 8-14-18; revised 10-1-18.)

(105 ILCS 5/21B-30)

Sec. 21B-30. Educator testing.

(a) This Section applies beginning on July 1, 2012.

(b) The State Board of Education, in consultation with the

State Educator Preparation and Licensure Board, shall design

and implement a system of examinations, which shall be required

prior to the issuance of educator licenses. These examinations

and indicators must be based on national and State professional

teaching standards, as determined by the State Board of

Education, in consultation with the State Educator Preparation

and Licensure Board. The State Board of Education may adopt

such rules as may be necessary to implement and administer this

Section.

(c) Except as otherwise provided in this Article,

applicants seeking a Professional Educator License or an

Educator License with Stipulations shall be required to pass a

test of basic skills before the license is issued, unless the

endorsement the individual is seeking does not require passage

of the test. All applicants completing Illinois-approved,

teacher education or school service personnel preparation

programs shall be required to pass the State Board of

Education's recognized test of basic skills prior to starting

their student teaching or starting the final semester of their

internship. An institution of higher learning, as defined in

the Higher Education Student Assistance Act, may not require an

applicant to complete the State Board's recognized test of

basic skills prior to the semester before student teaching or

prior to the semester before starting the final semester of an

internship. An individual who passes a test of basic skills

does not need to do so again for subsequent endorsements or

other educator licenses.

(d) All applicants seeking a State license shall be

required to pass a test of content area knowledge for each area

of endorsement for which there is an applicable test. There

shall be no exception to this requirement. No candidate shall

be allowed to student teach or serve as the teacher of record

until he or she has passed the applicable content area test.

(e) (Blank).

(f) Except as otherwise provided in this Article, beginning

on September 1, 2015, all candidates completing teacher

preparation programs in this State and all candidates subject

to Section 21B-35 of this Code are required to pass a teacher

performance assessment approved by the State Board of

Education, in consultation with the State Educator Preparation

and Licensure Board.

(g) Tests of basic skills and content area knowledge and

the teacher performance assessment shall be the tests that from

time to time are designated by the State Board of Education, in

consultation with the State Educator Preparation and Licensure

Board, and may be tests prepared by an educational testing

organization or tests designed by the State Board of Education,

in consultation with the State Educator Preparation and

Licensure Board. The areas to be covered by a test of basic

skills shall include reading, language arts, and mathematics.

The test of content area knowledge shall assess content

knowledge in a specific subject field. The tests must be

designed to be racially neutral to ensure that no person taking

the tests is discriminated against on the basis of race, color,

national origin, or other factors unrelated to the person's

ability to perform as a licensed employee. The score required

to pass the tests shall be fixed by the State Board of

Education, in consultation with the State Educator Preparation

and Licensure Board. The tests shall be administered not fewer

than 3 times a year at such time and place as may be designated

by the State Board of Education, in consultation with the State

Educator Preparation and Licensure Board.

The State Board shall implement a test or tests to assess

the speaking, reading, writing, and grammar skills of

applicants for an endorsement or a license issued under

subdivision (G) of paragraph (2) of Section 21B-20 of this Code

in the English language and in the language of the transitional

bilingual education program requested by the applicant.

(h) Except as provided in Section 34-6 of this Code, the

provisions of this Section shall apply equally in any school

district subject to Article 34 of this Code.

(i) The rules developed to implement and enforce the

testing requirements under this Section shall include without

limitation provisions governing test selection, test

validation and determination of a passing score,

administration of the tests, frequency of administration,

applicant fees, frequency of applicants taking the tests, the

years for which a score is valid, and appropriate special

accommodations. The State Board of Education shall develop such

rules as may be needed to ensure uniformity from year to year

in the level of difficulty for each form of an assessment.

(Source: P.A. 99-58, eff. 7-16-15; 99-657, eff. 7-28-16;

99-920, eff. 1-6-17; 100-596, eff. 7-1-18; 100-863, eff.

8-14-18; 100-932, eff. 8-17-18; revised 10-1-18.)

(105 ILCS 5/21B-40)

Sec. 21B-40. Fees.

(a) Beginning with the start of the new licensure system

established pursuant to this Article, the following fees shall

be charged to applicants:

(1) A $100 application fee for a Professional Educator

License or an Educator License with Stipulations.

Beginning on July 1, 2018, the license renewal fee for an

Educator License with Stipulations with a paraprofessional

educator endorsement shall be $25.

(1.5) A $50 application fee for a Substitute Teaching

License. If the application for a Substitute Teaching

License is made and granted after July 1, 2017, the

licensee may apply for a refund of the application fee

within 18 months of issuance of the new license and shall

be issued that refund by the State Board of Education if

the licensee provides evidence to the State Board of

Education that the licensee has taught pursuant to the

Substitute Teaching License at least 10 full school days

within one year of issuance.

(1.7) A $25 application fee for a Short-Term Substitute

Teaching License. The Short-Term Substitute Teaching

License must be registered in at least one region in this

State, but does not require a registration fee. The

licensee may apply for a refund of the application fee

within 18 months of issuance of the new license and shall

be issued that refund by the State Board of Education if

the licensee provides evidence to the State Board of

Education that the licensee has taught pursuant to the

Short-Term Substitute Teaching License at least 10 full

school days within one year of issuance.

(2) A $150 application fee for individuals who have not

been entitled by an Illinois-approved educator preparation

program at an Illinois institution of higher education and

are seeking any of the licenses set forth in subdivision

(1) of this subsection (a).

(3) A $50 application fee for each endorsement or

approval.

(4) A $10 per year registration fee for the course of

the validity cycle to register the license, which shall be

paid to the regional office of education having supervision

and control over the school in which the individual holding

the license is to be employed. If the individual holding

the license is not yet employed, then the license may be

registered in any county in this State. The registration

fee must be paid in its entirety the first time the

individual registers the license for a particular validity

period in a single region. No additional fee may be charged

for that validity period should the individual

subsequently register the license in additional regions.

An individual must register the license (i) immediately

after initial issuance of the license and (ii) at the

beginning of each renewal cycle if the individual has

satisfied the renewal requirements required under this

Code.

Beginning on July 1, 2017, at the beginning of each

renewal cycle, individuals who hold a Substitute Teaching

License may apply for a reimbursement of the registration

fee within 18 months of renewal and shall be issued that

reimbursement by the State Board of Education from funds

appropriated for that purpose if the licensee provides

evidence to the State Board of Education that the licensee

has taught pursuant to the Substitute Teaching License at

least 10 full school days within one year of renewal.

(b) All application fees paid pursuant to subdivisions (1)

through (3) of subsection (a) of this Section shall be

deposited into the Teacher Certificate Fee Revolving Fund and

shall be used, subject to appropriation, by the State Board of

Education to provide the technology and human resources

necessary for the timely and efficient processing of

applications and for the renewal of licenses. Funds available

from the Teacher Certificate Fee Revolving Fund may also be

used by the State Board of Education to support the recruitment

and retention of educators, to support educator preparation

programs as they seek national accreditation, and to provide

professional development aligned with the requirements set

forth in Section 21B-45 of this Code. A majority of the funds

in the Teacher Certificate Fee Revolving Fund must be dedicated

to the timely and efficient processing of applications and for

the renewal of licenses. The Teacher Certificate Fee Revolving

Fund is not subject to administrative charge transfers,

authorized under Section 8h of the State Finance Act, from the

Teacher Certificate Fee Revolving Fund into any other fund of

this State, and moneys in the Teacher Certificate Fee Revolving

Fund shall not revert back to the General Revenue Fund at any

time.

The regional superintendent of schools shall deposit the

registration fees paid pursuant to subdivision (4) of

subsection (a) of this Section into the institute fund

established pursuant to Section 3-11 of this Code.

(c) The State Board of Education and each regional office

of education are authorized to charge a service or convenience

fee for the use of credit cards for the payment of license

fees. This service or convenience fee shall not exceed the

amount required by the credit card processing company or vendor

that has entered into a contract with the State Board or

regional office of education for this purpose, and the fee must

be paid to that company or vendor.

(d) If, at the time a certificate issued under Article 21

of this Code is exchanged for a license issued under this

Article, a person has paid registration fees for any years of

the validity period of the certificate and these years have not

expired when the certificate is exchanged, then those fees must

be applied to the registration of the new license.

(Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17;

100-550, eff. 11-8-17; 100-596, eff. 7-1-18; 100-772, eff.

8-10-18; revised 10-1-18.)

(105 ILCS 5/22-30)

Sec. 22-30. Self-administration and self-carry of asthma

medication and epinephrine injectors; administration of

undesignated epinephrine injectors; administration of an

opioid antagonist; administration of undesignated asthma

medication; asthma episode emergency response protocol.

(a) For the purpose of this Section only, the following

terms shall have the meanings set forth below:

"Asthma action plan" means a written plan developed with a

pupil's medical provider to help control the pupil's asthma.

The goal of an asthma action plan is to reduce or prevent

flare-ups and emergency department visits through day-to-day

management and to serve as a student-specific document to be

referenced in the event of an asthma episode.

"Asthma episode emergency response protocol" means a

procedure to provide assistance to a pupil experiencing

symptoms of wheezing, coughing, shortness of breath, chest

tightness, or breathing difficulty.

"Epinephrine injector" includes an auto-injector approved

by the United States Food and Drug Administration for the

administration of epinephrine and a pre-filled syringe

approved by the United States Food and Drug Administration and

used for the administration of epinephrine that contains a

pre-measured dose of epinephrine that is equivalent to the

dosages used in an auto-injector.

"Asthma medication" means quick-relief asthma medication,

including albuterol or other short-acting bronchodilators,

that is approved by the United States Food and Drug

Administration for the treatment of respiratory distress.

"Asthma medication" includes medication delivered through a

device, including a metered dose inhaler with a reusable or

disposable spacer or a nebulizer with a mouthpiece or mask.

"Opioid antagonist" means a drug that binds to opioid

receptors and blocks or inhibits the effect of opioids acting

on those receptors, including, but not limited to, naloxone

hydrochloride or any other similarly acting drug approved by

the U.S. Food and Drug Administration.

"Respiratory distress" means the perceived or actual

presence of wheezing, coughing, shortness of breath, chest

tightness, breathing difficulty, or any other symptoms

consistent with asthma. Respiratory distress may be

categorized as "mild-to-moderate" or "severe".

"School nurse" means a registered nurse working in a school

with or without licensure endorsed in school nursing.

"Self-administration" means a pupil's discretionary use of

his or her prescribed asthma medication or epinephrine

injector.

"Self-carry" means a pupil's ability to carry his or her

prescribed asthma medication or epinephrine injector.

"Standing protocol" may be issued by (i) a physician

licensed to practice medicine in all its branches, (ii) a

licensed physician assistant with prescriptive authority, or

(iii) a licensed advanced practice registered nurse with

prescriptive authority.

"Trained personnel" means any school employee or volunteer

personnel authorized in Sections 10-22.34, 10-22.34a, and

10-22.34b of this Code who has completed training under

subsection (g) of this Section to recognize and respond to

anaphylaxis, an opioid overdose, or respiratory distress.

"Undesignated asthma medication" means asthma medication

prescribed in the name of a school district, public school,

charter school, or nonpublic school.

"Undesignated epinephrine injector" means an epinephrine

injector prescribed in the name of a school district, public

school, charter school, or nonpublic school.

(b) A school, whether public, charter, or nonpublic, must

permit the self-administration and self-carry of asthma

medication by a pupil with asthma or the self-administration

and self-carry of an epinephrine injector by a pupil, provided

that:

(1) the parents or guardians of the pupil provide to

the school (i) written authorization from the parents or

guardians for (A) the self-administration and self-carry

of asthma medication or (B) the self-carry of asthma

medication or (ii) for (A) the self-administration and

self-carry of an epinephrine injector or (B) the self-carry

of an epinephrine injector, written authorization from the

pupil's physician, physician assistant, or advanced

practice registered nurse; and

(2) the parents or guardians of the pupil provide to

the school (i) the prescription label, which must contain

the name of the asthma medication, the prescribed dosage,

and the time at which or circumstances under which the

asthma medication is to be administered, or (ii) for the

self-administration or self-carry of an epinephrine

injector, a written statement from the pupil's physician,

physician assistant, or advanced practice registered nurse

containing the following information:

(A) the name and purpose of the epinephrine

injector;

(B) the prescribed dosage; and

(C) the time or times at which or the special

circumstances under which the epinephrine injector is

to be administered.

The information provided shall be kept on file in the office of

the school nurse or, in the absence of a school nurse, the

school's administrator.

(b-5) A school district, public school, charter school, or

nonpublic school may authorize the provision of a

student-specific or undesignated epinephrine injector to a

student or any personnel authorized under a student's

Individual Health Care Action Plan, Illinois Food Allergy

Emergency Action Plan and Treatment Authorization Form, or plan

pursuant to Section 504 of the federal Rehabilitation Act of

1973 to administer an epinephrine injector to the student, that

meets the student's prescription on file.

(b-10) The school district, public school, charter school,

or nonpublic school may authorize a school nurse or trained

personnel to do the following: (i) provide an undesignated

epinephrine injector to a student for self-administration only

or any personnel authorized under a student's Individual Health

Care Action Plan, Illinois Food Allergy Emergency Action Plan

and Treatment Authorization Form, plan pursuant to Section 504

of the federal Rehabilitation Act of 1973, or individualized

education program plan to administer to the student that meets

the student's prescription on file; (ii) administer an

undesignated epinephrine injector that meets the prescription

on file to any student who has an Individual Health Care Action

Plan, Illinois Food Allergy Emergency Action Plan and Treatment

Authorization Form, plan pursuant to Section 504 of the federal

Rehabilitation Act of 1973, or individualized education

program plan that authorizes the use of an epinephrine

injector; (iii) administer an undesignated epinephrine

injector to any person that the school nurse or trained

personnel in good faith believes is having an anaphylactic

reaction; (iv) administer an opioid antagonist to any person

that the school nurse or trained personnel in good faith

believes is having an opioid overdose; (v) provide undesignated

asthma medication to a student for self-administration only or

to any personnel authorized under a student's Individual Health

Care Action Plan or asthma action plan, plan pursuant to

Section 504 of the federal Rehabilitation Act of 1973, or

individualized education program plan to administer to the

student that meets the student's prescription on file; (vi)

administer undesignated asthma medication that meets the

prescription on file to any student who has an Individual

Health Care Action Plan or asthma action plan, plan pursuant to

Section 504 of the federal Rehabilitation Act of 1973, or

individualized education program plan that authorizes the use

of asthma medication; and (vii) administer undesignated asthma

medication to any person that the school nurse or trained

personnel believes in good faith is having respiratory

distress.

(c) The school district, public school, charter school, or

nonpublic school must inform the parents or guardians of the

pupil, in writing, that the school district, public school,

charter school, or nonpublic school and its employees and

agents, including a physician, physician assistant, or

advanced practice registered nurse providing standing protocol

and a prescription for school epinephrine injectors, an opioid

antagonist, or undesignated asthma medication, are to incur no

liability or professional discipline, except for willful and

wanton conduct, as a result of any injury arising from the

administration of asthma medication, an epinephrine injector,

or an opioid antagonist regardless of whether authorization was

given by the pupil's parents or guardians or by the pupil's

physician, physician assistant, or advanced practice

registered nurse. The parents or guardians of the pupil must

sign a statement acknowledging that the school district, public

school, charter school, or nonpublic school and its employees

and agents are to incur no liability, except for willful and

wanton conduct, as a result of any injury arising from the

administration of asthma medication, an epinephrine injector,

or an opioid antagonist regardless of whether authorization was

given by the pupil's parents or guardians or by the pupil's

physician, physician assistant, or advanced practice

registered nurse and that the parents or guardians must

indemnify and hold harmless the school district, public school,

charter school, or nonpublic school and its employees and

agents against any claims, except a claim based on willful and

wanton conduct, arising out of the administration of asthma

medication, an epinephrine injector, or an opioid antagonist

regardless of whether authorization was given by the pupil's

parents or guardians or by the pupil's physician, physician

assistant, or advanced practice registered nurse.

(c-5) When a school nurse or trained personnel administers

an undesignated epinephrine injector to a person whom the

school nurse or trained personnel in good faith believes is

having an anaphylactic reaction, administers an opioid

antagonist to a person whom the school nurse or trained

personnel in good faith believes is having an opioid overdose,

or administers undesignated asthma medication to a person whom

the school nurse or trained personnel in good faith believes is

having respiratory distress, notwithstanding the lack of

notice to the parents or guardians of the pupil or the absence

of the parents or guardians signed statement acknowledging no

liability, except for willful and wanton conduct, the school

district, public school, charter school, or nonpublic school

and its employees and agents, and a physician, a physician

assistant, or an advanced practice registered nurse providing

standing protocol and a prescription for undesignated

epinephrine injectors, an opioid antagonist, or undesignated

asthma medication, are to incur no liability or professional

discipline, except for willful and wanton conduct, as a result

of any injury arising from the use of an undesignated

epinephrine injector, the use of an opioid antagonist, or the

use of undesignated asthma medication, regardless of whether

authorization was given by the pupil's parents or guardians or

by the pupil's physician, physician assistant, or advanced

practice registered nurse.

(d) The permission for self-administration and self-carry

of asthma medication or the self-administration and self-carry

of an epinephrine injector is effective for the school year for

which it is granted and shall be renewed each subsequent school

year upon fulfillment of the requirements of this Section.

(e) Provided that the requirements of this Section are

fulfilled, a pupil with asthma may self-administer and

self-carry his or her asthma medication or a pupil may

self-administer and self-carry an epinephrine injector (i)

while in school, (ii) while at a school-sponsored activity,

(iii) while under the supervision of school personnel, or (iv)

before or after normal school activities, such as while in

before-school or after-school care on school-operated property

or while being transported on a school bus.

(e-5) Provided that the requirements of this Section are

fulfilled, a school nurse or trained personnel may administer

an undesignated epinephrine injector to any person whom the

school nurse or trained personnel in good faith believes to be

having an anaphylactic reaction (i) while in school, (ii) while

at a school-sponsored activity, (iii) while under the

supervision of school personnel, or (iv) before or after normal

school activities, such as while in before-school or

after-school care on school-operated property or while being

transported on a school bus. A school nurse or trained

personnel may carry undesignated epinephrine injectors on his

or her person while in school or at a school-sponsored

activity.

(e-10) Provided that the requirements of this Section are

fulfilled, a school nurse or trained personnel may administer

an opioid antagonist to any person whom the school nurse or

trained personnel in good faith believes to be having an opioid

overdose (i) while in school, (ii) while at a school-sponsored

activity, (iii) while under the supervision of school

personnel, or (iv) before or after normal school activities,

such as while in before-school or after-school care on

school-operated property. A school nurse or trained personnel

may carry an opioid antagonist on his or her person while in

school or at a school-sponsored activity.

(e-15) If the requirements of this Section are met, a

school nurse or trained personnel may administer undesignated

asthma medication to any person whom the school nurse or

trained personnel in good faith believes to be experiencing

respiratory distress (i) while in school, (ii) while at a

school-sponsored activity, (iii) while under the supervision

of school personnel, or (iv) before or after normal school

activities, including before-school or after-school care on

school-operated property. A school nurse or trained personnel

may carry undesignated asthma medication on his or her person

while in school or at a school-sponsored activity.

(f) The school district, public school, charter school, or

nonpublic school may maintain a supply of undesignated

epinephrine injectors in any secure location that is accessible

before, during, and after school where an allergic person is

most at risk, including, but not limited to, classrooms and

lunchrooms. A physician, a physician assistant who has

prescriptive authority in accordance with Section 7.5 of the

Physician Assistant Practice Act of 1987, or an advanced

practice registered nurse who has prescriptive authority in

accordance with Section 65-40 of the Nurse Practice Act may

prescribe undesignated epinephrine injectors in the name of the

school district, public school, charter school, or nonpublic

school to be maintained for use when necessary. Any supply of

epinephrine injectors shall be maintained in accordance with

the manufacturer's instructions.

The school district, public school, charter school, or

nonpublic school may maintain a supply of an opioid antagonist

in any secure location where an individual may have an opioid

overdose. A health care professional who has been delegated

prescriptive authority for opioid antagonists in accordance

with Section 5-23 of the Substance Use Disorder Act may

prescribe opioid antagonists in the name of the school

district, public school, charter school, or nonpublic school,

to be maintained for use when necessary. Any supply of opioid

antagonists shall be maintained in accordance with the

manufacturer's instructions.

The school district, public school, charter school, or

nonpublic school may maintain a supply of asthma medication in

any secure location that is accessible before, during, or after

school where a person is most at risk, including, but not

limited to, a classroom or the nurse's office. A physician, a

physician assistant who has prescriptive authority under

Section 7.5 of the Physician Assistant Practice Act of 1987, or

an advanced practice registered nurse who has prescriptive

authority under Section 65-40 of the Nurse Practice Act may

prescribe undesignated asthma medication in the name of the

school district, public school, charter school, or nonpublic

school to be maintained for use when necessary. Any supply of

undesignated asthma medication must be maintained in

accordance with the manufacturer's instructions.

(f-3) Whichever entity initiates the process of obtaining

undesignated epinephrine injectors and providing training to

personnel for carrying and administering undesignated

epinephrine injectors shall pay for the costs of the

undesignated epinephrine injectors.

(f-5) Upon any administration of an epinephrine injector, a

school district, public school, charter school, or nonpublic

school must immediately activate the EMS system and notify the

student's parent, guardian, or emergency contact, if known.

Upon any administration of an opioid antagonist, a school

district, public school, charter school, or nonpublic school

must immediately activate the EMS system and notify the

student's parent, guardian, or emergency contact, if known.

(f-10) Within 24 hours of the administration of an

undesignated epinephrine injector, a school district, public

school, charter school, or nonpublic school must notify the

physician, physician assistant, or advanced practice

registered nurse who provided the standing protocol and a

prescription for the undesignated epinephrine injector of its

use.

Within 24 hours after the administration of an opioid

antagonist, a school district, public school, charter school,

or nonpublic school must notify the health care professional

who provided the prescription for the opioid antagonist of its

use.

Within 24 hours after the administration of undesignated

asthma medication, a school district, public school, charter

school, or nonpublic school must notify the student's parent or

guardian or emergency contact, if known, and the physician,

physician assistant, or advanced practice registered nurse who

provided the standing protocol and a prescription for the

undesignated asthma medication of its use. The district or

school must follow up with the school nurse, if available, and

may, with the consent of the child's parent or guardian, notify

the child's health care provider of record, as determined under

this Section, of its use.

(g) Prior to the administration of an undesignated

epinephrine injector, trained personnel must submit to the

school's administration proof of completion of a training

curriculum to recognize and respond to anaphylaxis that meets

the requirements of subsection (h) of this Section. Training

must be completed annually. The school district, public school,

charter school, or nonpublic school must maintain records

related to the training curriculum and trained personnel.

Prior to the administration of an opioid antagonist,

trained personnel must submit to the school's administration

proof of completion of a training curriculum to recognize and

respond to an opioid overdose, which curriculum must meet the

requirements of subsection (h-5) of this Section. Training must

be completed annually. Trained personnel must also submit to

the school's administration proof of cardiopulmonary

resuscitation and automated external defibrillator

certification. The school district, public school, charter

school, or nonpublic school must maintain records relating to

the training curriculum and the trained personnel.

Prior to the administration of undesignated asthma

medication, trained personnel must submit to the school's

administration proof of completion of a training curriculum to

recognize and respond to respiratory distress, which must meet

the requirements of subsection (h-10) of this Section. Training

must be completed annually, and the school district, public

school, charter school, or nonpublic school must maintain

records relating to the training curriculum and the trained

personnel.

(h) A training curriculum to recognize and respond to

anaphylaxis, including the administration of an undesignated

epinephrine injector, may be conducted online or in person.

Training shall include, but is not limited to:

(1) how to recognize signs and symptoms of an allergic

reaction, including anaphylaxis;

(2) how to administer an epinephrine injector; and

(3) a test demonstrating competency of the knowledge

required to recognize anaphylaxis and administer an

epinephrine injector.

Training may also include, but is not limited to:

(A) a review of high-risk areas within a school and its

related facilities;

(B) steps to take to prevent exposure to allergens;

(C) emergency follow-up procedures, including the

importance of calling 9-1-1 911 or, if 9-1-1 911 is not

available, other local emergency medical services;

(D) how to respond to a student with a known allergy,

as well as a student with a previously unknown allergy; and

(E) other criteria as determined in rules adopted

pursuant to this Section.

In consultation with statewide professional organizations

representing physicians licensed to practice medicine in all of

its branches, registered nurses, and school nurses, the State

Board of Education shall make available resource materials

consistent with criteria in this subsection (h) for educating

trained personnel to recognize and respond to anaphylaxis. The

State Board may take into consideration the curriculum on this

subject developed by other states, as well as any other

curricular materials suggested by medical experts and other

groups that work on life-threatening allergy issues. The State

Board is not required to create new resource materials. The

State Board shall make these resource materials available on

its Internet website.

(h-5) A training curriculum to recognize and respond to an

opioid overdose, including the administration of an opioid

antagonist, may be conducted online or in person. The training

must comply with any training requirements under Section 5-23

of the Substance Use Disorder Act and the corresponding rules.

It must include, but is not limited to:

(1) how to recognize symptoms of an opioid overdose;

(2) information on drug overdose prevention and

recognition;

(3) how to perform rescue breathing and resuscitation;

(4) how to respond to an emergency involving an opioid

overdose;

(5) opioid antagonist dosage and administration;

(6) the importance of calling 9-1-1 911 or, if 9-1-1

911 is not available, other local emergency medical

services;

(7) care for the overdose victim after administration

of the overdose antagonist;

(8) a test demonstrating competency of the knowledge

required to recognize an opioid overdose and administer a

dose of an opioid antagonist; and

(9) other criteria as determined in rules adopted

pursuant to this Section.

(h-10) A training curriculum to recognize and respond to

respiratory distress, including the administration of

undesignated asthma medication, may be conducted online or in

person. The training must include, but is not limited to:

(1) how to recognize symptoms of respiratory distress

and how to distinguish respiratory distress from

anaphylaxis;

(2) how to respond to an emergency involving

respiratory distress;

(3) asthma medication dosage and administration;

(4) the importance of calling 9-1-1 911 or, if 9-1-1

911 is not available, other local emergency medical

services;

(5) a test demonstrating competency of the knowledge

required to recognize respiratory distress and administer

asthma medication; and

(6) other criteria as determined in rules adopted under

this Section.

(i) Within 3 days after the administration of an

undesignated epinephrine injector by a school nurse, trained

personnel, or a student at a school or school-sponsored

activity, the school must report to the State Board of

Education in a form and manner prescribed by the State Board

the following information:

(1) age and type of person receiving epinephrine

(student, staff, visitor);

(2) any previously known diagnosis of a severe allergy;

(3) trigger that precipitated allergic episode;

(4) location where symptoms developed;

(5) number of doses administered;

(6) type of person administering epinephrine (school

nurse, trained personnel, student); and

(7) any other information required by the State Board.

If a school district, public school, charter school, or

nonpublic school maintains or has an independent contractor

providing transportation to students who maintains a supply of

undesignated epinephrine injectors, then the school district,

public school, charter school, or nonpublic school must report

that information to the State Board of Education upon adoption

or change of the policy of the school district, public school,

charter school, nonpublic school, or independent contractor,

in a manner as prescribed by the State Board. The report must

include the number of undesignated epinephrine injectors in

supply.

(i-5) Within 3 days after the administration of an opioid

antagonist by a school nurse or trained personnel, the school

must report to the State Board of Education, in a form and

manner prescribed by the State Board, the following

information:

(1) the age and type of person receiving the opioid

antagonist (student, staff, or visitor);

(2) the location where symptoms developed;

(3) the type of person administering the opioid

antagonist (school nurse or trained personnel); and

(4) any other information required by the State Board.

(i-10) Within 3 days after the administration of

undesignated asthma medication by a school nurse, trained

personnel, or a student at a school or school-sponsored

activity, the school must report to the State Board of

Education, on a form and in a manner prescribed by the State

Board of Education, the following information:

(1) the age and type of person receiving the asthma

medication (student, staff, or visitor);

(2) any previously known diagnosis of asthma for the

person;

(3) the trigger that precipitated respiratory

distress, if identifiable;

(4) the location of where the symptoms developed;

(5) the number of doses administered;

(6) the type of person administering the asthma

medication (school nurse, trained personnel, or student);

(7) the outcome of the asthma medication

administration; and

(8) any other information required by the State Board.

(j) By October 1, 2015 and every year thereafter, the State

Board of Education shall submit a report to the General

Assembly identifying the frequency and circumstances of

undesignated epinephrine and undesignated asthma medication

administration during the preceding academic year. Beginning

with the 2017 report, the report shall also contain information

on which school districts, public schools, charter schools, and

nonpublic schools maintain or have independent contractors

providing transportation to students who maintain a supply of

undesignated epinephrine injectors. This report shall be

published on the State Board's Internet website on the date the

report is delivered to the General Assembly.

(j-5) Annually, each school district, public school,

charter school, or nonpublic school shall request an asthma

action plan from the parents or guardians of a pupil with

asthma. If provided, the asthma action plan must be kept on

file in the office of the school nurse or, in the absence of a

school nurse, the school administrator. Copies of the asthma

action plan may be distributed to appropriate school staff who

interact with the pupil on a regular basis, and, if applicable,

may be attached to the pupil's federal Section 504 plan or

individualized education program plan.

(j-10) To assist schools with emergency response

procedures for asthma, the State Board of Education, in

consultation with statewide professional organizations with

expertise in asthma management and a statewide organization

representing school administrators, shall develop a model

asthma episode emergency response protocol before September 1,

2016. Each school district, charter school, and nonpublic

school shall adopt an asthma episode emergency response

protocol before January 1, 2017 that includes all of the

components of the State Board's model protocol.

(j-15) Every 2 years, school personnel who work with pupils

shall complete an in-person or online training program on the

management of asthma, the prevention of asthma symptoms, and

emergency response in the school setting. In consultation with

statewide professional organizations with expertise in asthma

management, the State Board of Education shall make available

resource materials for educating school personnel about asthma

and emergency response in the school setting.

(j-20) On or before October 1, 2016 and every year

thereafter, the State Board of Education shall submit a report

to the General Assembly and the Department of Public Health

identifying the frequency and circumstances of opioid

antagonist administration during the preceding academic year.

This report shall be published on the State Board's Internet

website on the date the report is delivered to the General

Assembly.

(k) The State Board of Education may adopt rules necessary

to implement this Section.

(l) Nothing in this Section shall limit the amount of

epinephrine injectors that any type of school or student may

carry or maintain a supply of.

(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;

99-642, eff. 7-28-16; 99-711, eff. 1-1-17; 99-843, eff.

8-19-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; 100-726,

eff. 1-1-19; 100-759, eff. 1-1-19; 100-799, eff. 1-1-19;

revised 10-4-18.)

(105 ILCS 5/22-80)

Sec. 22-80. Student athletes; concussions and head

injuries.

(a) The General Assembly recognizes all of the following:

(1) Concussions are one of the most commonly reported

injuries in children and adolescents who participate in

sports and recreational activities. The Centers for

Disease Control and Prevention estimates that as many as

3,900,000 sports-related and recreation-related

concussions occur in the United States each year. A

concussion is caused by a blow or motion to the head or

body that causes the brain to move rapidly inside the

skull. The risk of catastrophic injuries or death is are

significant when a concussion or head injury is not

properly evaluated and managed.

(2) Concussions are a type of brain injury that can

range from mild to severe and can disrupt the way the brain

normally works. Concussions can occur in any organized or

unorganized sport or recreational activity and can result

from a fall or from players colliding with each other, the

ground, or with obstacles. Concussions occur with or

without loss of consciousness, but the vast majority of

concussions occur without loss of consciousness.

(3) Continuing to play with a concussion or symptoms of

a head injury leaves a young athlete especially vulnerable

to greater injury and even death. The General Assembly

recognizes that, despite having generally recognized

return-to-play standards for concussions and head

injuries, some affected youth athletes are prematurely

returned to play, resulting in actual or potential physical

injury or death to youth athletes in this State.

(4) Student athletes who have sustained a concussion

may need informal or formal accommodations, modifications

of curriculum, and monitoring by medical or academic staff

until the student is fully recovered. To that end, all

schools are encouraged to establish a return-to-learn

protocol that is based on peer-reviewed scientific

evidence consistent with Centers for Disease Control and

Prevention guidelines and conduct baseline testing for

student athletes.

(b) In this Section:

"Athletic trainer" means an athletic trainer licensed

under the Illinois Athletic Trainers Practice Act who is

working under the supervision of a physician.

"Coach" means any volunteer or employee of a school who is

responsible for organizing and supervising students to teach

them or train them in the fundamental skills of an

interscholastic athletic activity. "Coach" refers to both head

coaches and assistant coaches.

"Concussion" means a complex pathophysiological process

affecting the brain caused by a traumatic physical force or

impact to the head or body, which may include temporary or

prolonged altered brain function resulting in physical,

cognitive, or emotional symptoms or altered sleep patterns and

which may or may not involve a loss of consciousness.

"Department" means the Department of Financial and

Professional Regulation.

"Game official" means a person who officiates at an

interscholastic athletic activity, such as a referee or umpire,

including, but not limited to, persons enrolled as game

officials by the Illinois High School Association or Illinois

Elementary School Association.

"Interscholastic athletic activity" means any organized

school-sponsored or school-sanctioned activity for students,

generally outside of school instructional hours, under the

direction of a coach, athletic director, or band leader,

including, but not limited to, baseball, basketball,

cheerleading, cross country track, fencing, field hockey,

football, golf, gymnastics, ice hockey, lacrosse, marching

band, rugby, soccer, skating, softball, swimming and diving,

tennis, track (indoor and outdoor), ultimate Frisbee,

volleyball, water polo, and wrestling. All interscholastic

athletics are deemed to be interscholastic activities.

"Licensed healthcare professional" means a person who has

experience with concussion management and who is a nurse, a

psychologist who holds a license under the Clinical

Psychologist Licensing Act and specializes in the practice of

neuropsychology, a physical therapist licensed under the

Illinois Physical Therapy Act, an occupational therapist

licensed under the Illinois Occupational Therapy Practice Act,

a physician assistant, or an athletic trainer.

"Nurse" means a person who is employed by or volunteers at

a school and is licensed under the Nurse Practice Act as a

registered nurse, practical nurse, or advanced practice

registered nurse.

"Physician" means a physician licensed to practice

medicine in all of its branches under the Medical Practice Act

of 1987.

"Physician assistant" means a physician assistant licensed

under the Physician Assistant Practice Act of 1987.

"School" means any public or private elementary or

secondary school, including a charter school.

"Student" means an adolescent or child enrolled in a

school.

(c) This Section applies to any interscholastic athletic

activity, including practice and competition, sponsored or

sanctioned by a school, the Illinois Elementary School

Association, or the Illinois High School Association. This

Section applies beginning with the 2016-2017 school year.

(d) The governing body of each public or charter school and

the appropriate administrative officer of a private school with

students enrolled who participate in an interscholastic

athletic activity shall appoint or approve a concussion

oversight team. Each concussion oversight team shall establish

a return-to-play protocol, based on peer-reviewed scientific

evidence consistent with Centers for Disease Control and

Prevention guidelines, for a student's return to

interscholastic athletics practice or competition following a

force or impact believed to have caused a concussion. Each

concussion oversight team shall also establish a

return-to-learn protocol, based on peer-reviewed scientific

evidence consistent with Centers for Disease Control and

Prevention guidelines, for a student's return to the classroom

after that student is believed to have experienced a

concussion, whether or not the concussion took place while the

student was participating in an interscholastic athletic

activity.

Each concussion oversight team must include to the extent

practicable at least one physician. If a school employs an

athletic trainer, the athletic trainer must be a member of the

school concussion oversight team to the extent practicable. If

a school employs a nurse, the nurse must be a member of the

school concussion oversight team to the extent practicable. At

a minimum, a school shall appoint a person who is responsible

for implementing and complying with the return-to-play and

return-to-learn protocols adopted by the concussion oversight

team. At a minimum, a concussion oversight team may be composed

of only one person and this person need not be a licensed

healthcare professional, but it may not be a coach. A school

may appoint other licensed healthcare professionals to serve on

the concussion oversight team.

(e) A student may not participate in an interscholastic

athletic activity for a school year until the student and the

student's parent or guardian or another person with legal

authority to make medical decisions for the student have signed

a form for that school year that acknowledges receiving and

reading written information that explains concussion

prevention, symptoms, treatment, and oversight and that

includes guidelines for safely resuming participation in an

athletic activity following a concussion. The form must be

approved by the Illinois High School Association.

(f) A student must be removed from an interscholastic

athletics practice or competition immediately if one of the

following persons believes the student might have sustained a

concussion during the practice or competition:

(1) a coach;

(2) a physician;

(3) a game official;

(4) an athletic trainer;

(5) the student's parent or guardian or another person

with legal authority to make medical decisions for the

student;

(6) the student; or

(7) any other person deemed appropriate under the

school's return-to-play protocol.

(g) A student removed from an interscholastic athletics

practice or competition under this Section may not be permitted

to practice or compete again following the force or impact

believed to have caused the concussion until:

(1) the student has been evaluated, using established

medical protocols based on peer-reviewed scientific

evidence consistent with Centers for Disease Control and

Prevention guidelines, by a treating physician (chosen by

the student or the student's parent or guardian or another

person with legal authority to make medical decisions for

the student), an athletic trainer, an advanced practice

registered nurse, or a physician assistant;

(2) the student has successfully completed each

requirement of the return-to-play protocol established

under this Section necessary for the student to return to

play;

(3) the student has successfully completed each

requirement of the return-to-learn protocol established

under this Section necessary for the student to return to

learn;

(4) the treating physician, the athletic trainer, or

the physician assistant has provided a written statement

indicating that, in the physician's professional judgment,

it is safe for the student to return to play and return to

learn or the treating advanced practice registered nurse

has provided a written statement indicating that it is safe

for the student to return to play and return to learn; and

(5) the student and the student's parent or guardian or

another person with legal authority to make medical

decisions for the student:

(A) have acknowledged that the student has

completed the requirements of the return-to-play and

return-to-learn protocols necessary for the student to

return to play;

(B) have provided the treating physician's,

athletic trainer's, advanced practice registered

nurse's, or physician assistant's written statement

under subdivision (4) of this subsection (g) to the

person responsible for compliance with the

return-to-play and return-to-learn protocols under

this subsection (g) and the person who has supervisory

responsibilities under this subsection (g); and

(C) have signed a consent form indicating that the

person signing:

(i) has been informed concerning and consents

to the student participating in returning to play

in accordance with the return-to-play and

return-to-learn protocols;

(ii) understands the risks associated with the

student returning to play and returning to learn

and will comply with any ongoing requirements in

the return-to-play and return-to-learn protocols;

and

(iii) consents to the disclosure to

appropriate persons, consistent with the federal

Health Insurance Portability and Accountability

Act of 1996 (Public Law 104-191), of the treating

physician's, athletic trainer's, physician

assistant's, or advanced practice registered

nurse's written statement under subdivision (4) of

this subsection (g) and, if any, the

return-to-play and return-to-learn recommendations

of the treating physician, the athletic trainer,

the physician assistant, or the advanced practice

registered nurse, as the case may be.

A coach of an interscholastic athletics team may not

authorize a student's return to play or return to learn.

The district superintendent or the superintendent's

designee in the case of a public elementary or secondary

school, the chief school administrator or that person's

designee in the case of a charter school, or the appropriate

administrative officer or that person's designee in the case of

a private school shall supervise an athletic trainer or other

person responsible for compliance with the return-to-play

protocol and shall supervise the person responsible for

compliance with the return-to-learn protocol. The person who

has supervisory responsibilities under this paragraph may not

be a coach of an interscholastic athletics team.

(h)(1) The Illinois High School Association shall approve,

for coaches, game officials, and non-licensed healthcare

professionals, training courses that provide for not less than

2 hours of training in the subject matter of concussions,

including evaluation, prevention, symptoms, risks, and

long-term effects. The Association shall maintain an updated

list of individuals and organizations authorized by the

Association to provide the training.

(2) The following persons must take a training course in

accordance with paragraph (4) of this subsection (h) from an

authorized training provider at least once every 2 years:

(A) a coach of an interscholastic athletic activity;

(B) a nurse, licensed healthcare professional, or

non-licensed healthcare professional who serves as a

member of a concussion oversight team either on a volunteer

basis or in his or her capacity as an employee,

representative, or agent of a school; and

(C) a game official of an interscholastic athletic

activity.

(3) A physician who serves as a member of a concussion

oversight team shall, to the greatest extent practicable,

periodically take an appropriate continuing medical education

course in the subject matter of concussions.

(4) For purposes of paragraph (2) of this subsection (h):

(A) a coach, game official, or non-licensed healthcare

professional, as the case may be, must take a course

described in paragraph (1) of this subsection (h);

(B) an athletic trainer must take a concussion-related

continuing education course from an athletic trainer

continuing education sponsor approved by the Department;

(C) a nurse must take a concussion-related continuing

education course from a nurse continuing education sponsor

approved by the Department;

(D) a physical therapist must take a

concussion-related continuing education course from a

physical therapist continuing education sponsor approved

by the Department;

(E) a psychologist must take a concussion-related

continuing education course from a psychologist continuing

education sponsor approved by the Department;

(F) an occupational therapist must take a

concussion-related continuing education course from an

occupational therapist continuing education sponsor

approved by the Department; and

(G) a physician assistant must take a

concussion-related continuing education course from a

physician assistant continuing education sponsor approved

by the Department.

(5) Each person described in paragraph (2) of this

subsection (h) must submit proof of timely completion of an

approved course in compliance with paragraph (4) of this

subsection (h) to the district superintendent or the

superintendent's designee in the case of a public elementary or

secondary school, the chief school administrator or that

person's designee in the case of a charter school, or the

appropriate administrative officer or that person's designee

in the case of a private school.

(6) A physician, licensed healthcare professional, or

non-licensed healthcare professional who is not in compliance

with the training requirements under this subsection (h) may

not serve on a concussion oversight team in any capacity.

(7) A person required under this subsection (h) to take a

training course in the subject of concussions must complete the

training prior to serving on a concussion oversight team in any

capacity.

(i) The governing body of each public or charter school and

the appropriate administrative officer of a private school with

students enrolled who participate in an interscholastic

athletic activity shall develop a school-specific emergency

action plan for interscholastic athletic activities to address

the serious injuries and acute medical conditions in which the

condition of the student may deteriorate rapidly. The plan

shall include a delineation of roles, methods of communication,

available emergency equipment, and access to and a plan for

emergency transport. This emergency action plan must be:

(1) in writing;

(2) reviewed by the concussion oversight team;

(3) approved by the district superintendent or the

superintendent's designee in the case of a public

elementary or secondary school, the chief school

administrator or that person's designee in the case of a

charter school, or the appropriate administrative officer

or that person's designee in the case of a private school;

(4) distributed to all appropriate personnel;

(5) posted conspicuously at all venues utilized by the

school; and

(6) reviewed annually by all athletic trainers, first

responders, coaches, school nurses, athletic directors,

and volunteers for interscholastic athletic activities.

(j) The State Board of Education shall adopt rules as

necessary to administer this Section, including, but not

limited to, rules governing the informal or formal

accommodation of a student who may have sustained a concussion

during an interscholastic athletic activity.

(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;

99-642, eff. 7-28-16; 100-309, eff. 9-1-17; 100-513, eff.

1-1-18; 100-747, eff. 1-1-19; 100-863, eff. 8-14-18; revised

9-28-18.)

(105 ILCS 5/24-5) (from Ch. 122, par. 24-5)

Sec. 24-5. Physical fitness and professional growth.

(a) In this Section, "employee" means any employee of a

school district, a student teacher, an employee of a contractor

that provides services to students or in schools, or any other

individual subject to the requirements of Section 10-21.9 or

34-18.5 of this Code.

(b) This subsection (b) does not apply to substitute

teacher employees. School boards shall require of new employees

evidence of physical fitness to perform duties assigned and

freedom from communicable disease. Such evidence shall consist

of a physical examination by a physician licensed in Illinois

or any other state to practice medicine and surgery in all its

branches, a licensed advanced practice registered nurse, or a

licensed physician assistant not more than 90 days preceding

time of presentation to the board, and the cost of such

examination shall rest with the employee. A new or existing

employee may be subject to additional health examinations,

including screening for tuberculosis, as required by rules

adopted by the Department of Public Health or by order of a

local public health official. The board may from time to time

require an examination of any employee by a physician licensed

in Illinois to practice medicine and surgery in all its

branches, a licensed advanced practice registered nurse, or a

licensed physician assistant and shall pay the expenses thereof

from school funds.

(b-5) School boards may require of new substitute teacher

employees evidence of physical fitness to perform duties

assigned and shall require of new substitute teacher employees

evidence of freedom from communicable disease. Evidence may

consist of a physical examination by a physician licensed in

Illinois or any other state to practice medicine and surgery in

all its branches, a licensed advanced practice registered

nurse, or a licensed physician assistant not more than 90 days

preceding time of presentation to the board, and the cost of

such examination shall rest with the substitute teacher

employee. A new or existing substitute teacher employee may be

subject to additional health examinations, including screening

for tuberculosis, as required by rules adopted by the

Department of Public Health or by order of a local public

health official. The board may from time to time require an

examination of any substitute teacher employee by a physician

licensed in Illinois to practice medicine and surgery in all

its branches, a licensed advanced practice registered nurse, or

a licensed physician assistant and shall pay the expenses

thereof from school funds.

(c) School boards may require teachers in their employ to

furnish from time to time evidence of continued professional

growth.

(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18;

100-855, eff. 8-14-18; revised 9-28-18.)

(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)

Sec. 24-12. Removal or dismissal of teachers in contractual

continued service.

(a) This subsection (a) applies only to honorable

dismissals and recalls in which the notice of dismissal is

provided on or before the end of the 2010-2011 school term. If

a teacher in contractual continued service is removed or

dismissed as a result of a decision of the board to decrease

the number of teachers employed by the board or to discontinue

some particular type of teaching service, written notice shall

be mailed to the teacher and also given the teacher either by

certified mail, return receipt requested or personal delivery

with receipt at least 60 days before the end of the school

term, together with a statement of honorable dismissal and the

reason therefor, and in all such cases the board shall first

remove or dismiss all teachers who have not entered upon

contractual continued service before removing or dismissing

any teacher who has entered upon contractual continued service

and who is legally qualified to hold a position currently held

by a teacher who has not entered upon contractual continued

service.

As between teachers who have entered upon contractual

continued service, the teacher or teachers with the shorter

length of continuing service with the district shall be

dismissed first unless an alternative method of determining the

sequence of dismissal is established in a collective bargaining

agreement or contract between the board and a professional

faculty members' organization and except that this provision

shall not impair the operation of any affirmative action

program in the district, regardless of whether it exists by

operation of law or is conducted on a voluntary basis by the

board. Any teacher dismissed as a result of such decrease or

discontinuance shall be paid all earned compensation on or

before the third business day following the last day of pupil

attendance in the regular school term.

If the board has any vacancies for the following school

term or within one calendar year from the beginning of the

following school term, the positions thereby becoming

available shall be tendered to the teachers so removed or

dismissed so far as they are legally qualified to hold such

positions; provided, however, that if the number of honorable

dismissal notices based on economic necessity exceeds 15% of

the number of full-time full time equivalent positions filled

by certified employees (excluding principals and

administrative personnel) during the preceding school year,

then if the board has any vacancies for the following school

term or within 2 calendar years from the beginning of the

following school term, the positions so becoming available

shall be tendered to the teachers who were so notified and

removed or dismissed whenever they are legally qualified to

hold such positions. Each board shall, in consultation with any

exclusive employee representatives, each year establish a

list, categorized by positions, showing the length of

continuing service of each teacher who is qualified to hold any

such positions, unless an alternative method of determining a

sequence of dismissal is established as provided for in this

Section, in which case a list shall be made in accordance with

the alternative method. Copies of the list shall be distributed

to the exclusive employee representative on or before February

1 of each year. Whenever the number of honorable dismissal

notices based upon economic necessity exceeds 5, or 150% of the

average number of teachers honorably dismissed in the preceding

3 years, whichever is more, then the board also shall hold a

public hearing on the question of the dismissals. Following the

hearing and board review, the action to approve any such

reduction shall require a majority vote of the board members.

(b) This subsection (b) applies only to honorable

dismissals and recalls in which the notice of dismissal is

provided during the 2011-2012 school term or a subsequent

school term. If any teacher, whether or not in contractual

continued service, is removed or dismissed as a result of a

decision of a school board to decrease the number of teachers

employed by the board, a decision of a school board to

discontinue some particular type of teaching service, or a

reduction in the number of programs or positions in a special

education joint agreement, then written notice must be mailed

to the teacher and also given to the teacher either by

certified mail, return receipt requested, or personal delivery

with receipt at least 45 days before the end of the school

term, together with a statement of honorable dismissal and the

reason therefor, and in all such cases the sequence of

dismissal shall occur in accordance with this subsection (b);

except that this subsection (b) shall not impair the operation

of any affirmative action program in the school district,

regardless of whether it exists by operation of law or is

conducted on a voluntary basis by the board.

Each teacher must be categorized into one or more positions

for which the teacher is qualified to hold, based upon legal

qualifications and any other qualifications established in a

district or joint agreement job description, on or before the

May 10 prior to the school year during which the sequence of

dismissal is determined. Within each position and subject to

agreements made by the joint committee on honorable dismissals

that are authorized by subsection (c) of this Section, the

school district or joint agreement must establish 4 groupings

of teachers qualified to hold the position as follows:

(1) Grouping one shall consist of each teacher who is

not in contractual continued service and who (i) has not

received a performance evaluation rating, (ii) is employed

for one school term or less to replace a teacher on leave,

or (iii) is employed on a part-time basis. "Part-time

basis" for the purposes of this subsection (b) means a

teacher who is employed to teach less than a full-day,

teacher workload or less than 5 days of the normal student

attendance week, unless otherwise provided for in a

collective bargaining agreement between the district and

the exclusive representative of the district's teachers.

For the purposes of this Section, a teacher (A) who is

employed as a full-time teacher but who actually teaches or

is otherwise present and participating in the district's

educational program for less than a school term or (B) who,

in the immediately previous school term, was employed on a

full-time basis and actually taught or was otherwise

present and participated in the district's educational

program for 120 days or more is not considered employed on

a part-time basis.

(2) Grouping 2 shall consist of each teacher with a

Needs Improvement or Unsatisfactory performance evaluation

rating on either of the teacher's last 2 performance

evaluation ratings.

(3) Grouping 3 shall consist of each teacher with a

performance evaluation rating of at least Satisfactory or

Proficient on both of the teacher's last 2 performance

evaluation ratings, if 2 ratings are available, or on the

teacher's last performance evaluation rating, if only one

rating is available, unless the teacher qualifies for

placement into grouping 4.

(4) Grouping 4 shall consist of each teacher whose last

2 performance evaluation ratings are Excellent and each

teacher with 2 Excellent performance evaluation ratings

out of the teacher's last 3 performance evaluation ratings

with a third rating of Satisfactory or Proficient.

Among teachers qualified to hold a position, teachers must

be dismissed in the order of their groupings, with teachers in

grouping one dismissed first and teachers in grouping 4

dismissed last.

Within grouping one, the sequence of dismissal must be at

the discretion of the school district or joint agreement.

Within grouping 2, the sequence of dismissal must be based upon

average performance evaluation ratings, with the teacher or

teachers with the lowest average performance evaluation rating

dismissed first. A teacher's average performance evaluation

rating must be calculated using the average of the teacher's

last 2 performance evaluation ratings, if 2 ratings are

available, or the teacher's last performance evaluation

rating, if only one rating is available, using the following

numerical values: 4 for Excellent; 3 for Proficient or

Satisfactory; 2 for Needs Improvement; and 1 for

Unsatisfactory. As between or among teachers in grouping 2 with

the same average performance evaluation rating and within each

of groupings 3 and 4, the teacher or teachers with the shorter

length of continuing service with the school district or joint

agreement must be dismissed first unless an alternative method

of determining the sequence of dismissal is established in a

collective bargaining agreement or contract between the board

and a professional faculty members' organization.

Each board, including the governing board of a joint

agreement, shall, in consultation with any exclusive employee

representatives, each year establish a sequence of honorable

dismissal list categorized by positions and the groupings

defined in this subsection (b). Copies of the list showing each

teacher by name and categorized by positions and the groupings

defined in this subsection (b) must be distributed to the

exclusive bargaining representative at least 75 days before the

end of the school term, provided that the school district or

joint agreement may, with notice to any exclusive employee

representatives, move teachers from grouping one into another

grouping during the period of time from 75 days until 45 days

before the end of the school term. Each year, each board shall

also establish, in consultation with any exclusive employee

representatives, a list showing the length of continuing

service of each teacher who is qualified to hold any such

positions, unless an alternative method of determining a

sequence of dismissal is established as provided for in this

Section, in which case a list must be made in accordance with

the alternative method. Copies of the list must be distributed

to the exclusive employee representative at least 75 days

before the end of the school term.

Any teacher dismissed as a result of such decrease or

discontinuance must be paid all earned compensation on or

before the third business day following the last day of pupil

attendance in the regular school term.

If the board or joint agreement has any vacancies for the

following school term or within one calendar year from the

beginning of the following school term, the positions thereby

becoming available must be tendered to the teachers so removed

or dismissed who were in groupings 3 or 4 of the sequence of

dismissal and are qualified to hold the positions, based upon

legal qualifications and any other qualifications established

in a district or joint agreement job description, on or before

the May 10 prior to the date of the positions becoming

available, provided that if the number of honorable dismissal

notices based on economic necessity exceeds 15% of the number

of full-time equivalent positions filled by certified

employees (excluding principals and administrative personnel)

during the preceding school year, then the recall period is for

the following school term or within 2 calendar years from the

beginning of the following school term. If the board or joint

agreement has any vacancies within the period from the

beginning of the following school term through February 1 of

the following school term (unless a date later than February 1,

but no later than 6 months from the beginning of the following

school term, is established in a collective bargaining

agreement), the positions thereby becoming available must be

tendered to the teachers so removed or dismissed who were in

grouping 2 of the sequence of dismissal due to one "needs

improvement" rating on either of the teacher's last 2

performance evaluation ratings, provided that, if 2 ratings are

available, the other performance evaluation rating used for

grouping purposes is "satisfactory", "proficient", or

"excellent", and are qualified to hold the positions, based

upon legal qualifications and any other qualifications

established in a district or joint agreement job description,

on or before the May 10 prior to the date of the positions

becoming available. On and after July 1, 2014 (the effective

date of Public Act 98-648) this amendatory Act of the 98th

General Assembly, the preceding sentence shall apply to

teachers removed or dismissed by honorable dismissal, even if

notice of honorable dismissal occurred during the 2013-2014

school year. Among teachers eligible for recall pursuant to the

preceding sentence, the order of recall must be in inverse

order of dismissal, unless an alternative order of recall is

established in a collective bargaining agreement or contract

between the board and a professional faculty members'

organization. Whenever the number of honorable dismissal

notices based upon economic necessity exceeds 5 notices or 150%

of the average number of teachers honorably dismissed in the

preceding 3 years, whichever is more, then the school board or

governing board of a joint agreement, as applicable, shall also

hold a public hearing on the question of the dismissals.

Following the hearing and board review, the action to approve

any such reduction shall require a majority vote of the board

members.

For purposes of this subsection (b), subject to agreement

on an alternative definition reached by the joint committee

described in subsection (c) of this Section, a teacher's

performance evaluation rating means the overall performance

evaluation rating resulting from an annual or biennial

performance evaluation conducted pursuant to Article 24A of

this Code by the school district or joint agreement determining

the sequence of dismissal, not including any performance

evaluation conducted during or at the end of a remediation

period. No more than one evaluation rating each school term

shall be one of the evaluation ratings used for the purpose of

determining the sequence of dismissal. Except as otherwise

provided in this subsection for any performance evaluations

conducted during or at the end of a remediation period, if

multiple performance evaluations are conducted in a school

term, only the rating from the last evaluation conducted prior

to establishing the sequence of honorable dismissal list in

such school term shall be the one evaluation rating from that

school term used for the purpose of determining the sequence of

dismissal. Averaging ratings from multiple evaluations is not

permitted unless otherwise agreed to in a collective bargaining

agreement or contract between the board and a professional

faculty members' organization. The preceding 3 sentences are

not a legislative declaration that existing law does or does

not already require that only one performance evaluation each

school term shall be used for the purpose of determining the

sequence of dismissal. For performance evaluation ratings

determined prior to September 1, 2012, any school district or

joint agreement with a performance evaluation rating system

that does not use either of the rating category systems

specified in subsection (d) of Section 24A-5 of this Code for

all teachers must establish a basis for assigning each teacher

a rating that complies with subsection (d) of Section 24A-5 of

this Code for all of the performance evaluation ratings that

are to be used to determine the sequence of dismissal. A

teacher's grouping and ranking on a sequence of honorable

dismissal shall be deemed a part of the teacher's performance

evaluation, and that information shall be disclosed to the

exclusive bargaining representative as part of a sequence of

honorable dismissal list, notwithstanding any laws prohibiting

disclosure of such information. A performance evaluation

rating may be used to determine the sequence of dismissal,

notwithstanding the pendency of any grievance resolution or

arbitration procedures relating to the performance evaluation.

If a teacher has received at least one performance evaluation

rating conducted by the school district or joint agreement

determining the sequence of dismissal and a subsequent

performance evaluation is not conducted in any school year in

which such evaluation is required to be conducted under Section

24A-5 of this Code, the teacher's performance evaluation rating

for that school year for purposes of determining the sequence

of dismissal is deemed Proficient. If a performance evaluation

rating is nullified as the result of an arbitration,

administrative agency, or court determination, then the school

district or joint agreement is deemed to have conducted a

performance evaluation for that school year, but the

performance evaluation rating may not be used in determining

the sequence of dismissal.

Nothing in this subsection (b) shall be construed as

limiting the right of a school board or governing board of a

joint agreement to dismiss a teacher not in contractual

continued service in accordance with Section 24-11 of this

Code.

Any provisions regarding the sequence of honorable

dismissals and recall of honorably dismissed teachers in a

collective bargaining agreement entered into on or before

January 1, 2011 and in effect on June 13, 2011 (the effective

date of Public Act 97-8) this amendatory Act of the 97th

General Assembly that may conflict with Public Act 97-8 this

amendatory Act of the 97th General Assembly shall remain in

effect through the expiration of such agreement or June 30,

2013, whichever is earlier.

(c) Each school district and special education joint

agreement must use a joint committee composed of equal

representation selected by the school board and its teachers

or, if applicable, the exclusive bargaining representative of

its teachers, to address the matters described in paragraphs

(1) through (5) of this subsection (c) pertaining to honorable

dismissals under subsection (b) of this Section.

(1) The joint committee must consider and may agree to

criteria for excluding from grouping 2 and placing into

grouping 3 a teacher whose last 2 performance evaluations

include a Needs Improvement and either a Proficient or

Excellent.

(2) The joint committee must consider and may agree to

an alternative definition for grouping 4, which definition

must take into account prior performance evaluation

ratings and may take into account other factors that relate

to the school district's or program's educational

objectives. An alternative definition for grouping 4 may

not permit the inclusion of a teacher in the grouping with

a Needs Improvement or Unsatisfactory performance

evaluation rating on either of the teacher's last 2

performance evaluation ratings.

(3) The joint committee may agree to including within

the definition of a performance evaluation rating a

performance evaluation rating administered by a school

district or joint agreement other than the school district

or joint agreement determining the sequence of dismissal.

(4) For each school district or joint agreement that

administers performance evaluation ratings that are

inconsistent with either of the rating category systems

specified in subsection (d) of Section 24A-5 of this Code,

the school district or joint agreement must consult with

the joint committee on the basis for assigning a rating

that complies with subsection (d) of Section 24A-5 of this

Code to each performance evaluation rating that will be

used in a sequence of dismissal.

(5) Upon request by a joint committee member submitted

to the employing board by no later than 10 days after the

distribution of the sequence of honorable dismissal list, a

representative of the employing board shall, within 5 days

after the request, provide to members of the joint

committee a list showing the most recent and prior

performance evaluation ratings of each teacher identified

only by length of continuing service in the district or

joint agreement and not by name. If, after review of this

list, a member of the joint committee has a good faith

belief that a disproportionate number of teachers with

greater length of continuing service with the district or

joint agreement have received a recent performance

evaluation rating lower than the prior rating, the member

may request that the joint committee review the list to

assess whether such a trend may exist. Following the joint

committee's review, but by no later than the end of the

applicable school term, the joint committee or any member

or members of the joint committee may submit a report of

the review to the employing board and exclusive bargaining

representative, if any. Nothing in this paragraph (5) shall

impact the order of honorable dismissal or a school

district's or joint agreement's authority to carry out a

dismissal in accordance with subsection (b) of this

Section.

Agreement by the joint committee as to a matter requires

the majority vote of all committee members, and if the joint

committee does not reach agreement on a matter, then the

otherwise applicable requirements of subsection (b) of this

Section shall apply. Except as explicitly set forth in this

subsection (c), a joint committee has no authority to agree to

any further modifications to the requirements for honorable

dismissals set forth in subsection (b) of this Section. The

joint committee must be established, and the first meeting of

the joint committee each school year must occur on or before

December 1.

The joint committee must reach agreement on a matter on or

before February 1 of a school year in order for the agreement

of the joint committee to apply to the sequence of dismissal

determined during that school year. Subject to the February 1

deadline for agreements, the agreement of a joint committee on

a matter shall apply to the sequence of dismissal until the

agreement is amended or terminated by the joint committee.

The provisions of the Open Meetings Act shall not apply to

meetings of a joint committee created under this subsection

(c).

(d) Notwithstanding anything to the contrary in this

subsection (d), the requirements and dismissal procedures of

Section 24-16.5 of this Code shall apply to any dismissal

sought under Section 24-16.5 of this Code.

(1) If a dismissal of a teacher in contractual

continued service is sought for any reason or cause other

than an honorable dismissal under subsections (a) or (b) of

this Section or a dismissal sought under Section 24-16.5 of

this Code, including those under Section 10-22.4, the board

must first approve a motion containing specific charges by

a majority vote of all its members. Written notice of such

charges, including a bill of particulars and the teacher's

right to request a hearing, must be mailed to the teacher

and also given to the teacher either by certified mail,

return receipt requested, or personal delivery with

receipt within 5 days of the adoption of the motion. Any

written notice sent on or after July 1, 2012 shall inform

the teacher of the right to request a hearing before a

mutually selected hearing officer, with the cost of the

hearing officer split equally between the teacher and the

board, or a hearing before a board-selected hearing

officer, with the cost of the hearing officer paid by the

board.

Before setting a hearing on charges stemming from

causes that are considered remediable, a board must give

the teacher reasonable warning in writing, stating

specifically the causes that, if not removed, may result in

charges; however, no such written warning is required if

the causes have been the subject of a remediation plan

pursuant to Article 24A of this Code.

If, in the opinion of the board, the interests of the

school require it, the board may suspend the teacher

without pay, pending the hearing, but if the board's

dismissal or removal is not sustained, the teacher shall

not suffer the loss of any salary or benefits by reason of

the suspension.

(2) No hearing upon the charges is required unless the

teacher within 17 days after receiving notice requests in

writing of the board that a hearing be scheduled before a

mutually selected hearing officer or a hearing officer

selected by the board. The secretary of the school board

shall forward a copy of the notice to the State Board of

Education.

(3) Within 5 business days after receiving a notice of

hearing in which either notice to the teacher was sent

before July 1, 2012 or, if the notice was sent on or after

July 1, 2012, the teacher has requested a hearing before a

mutually selected hearing officer, the State Board of

Education shall provide a list of 5 prospective, impartial

hearing officers from the master list of qualified,

impartial hearing officers maintained by the State Board of

Education. Each person on the master list must (i) be

accredited by a national arbitration organization and have

had a minimum of 5 years of experience directly related to

labor and employment relations matters between employers

and employees or their exclusive bargaining

representatives and (ii) beginning September 1, 2012, have

participated in training provided or approved by the State

Board of Education for teacher dismissal hearing officers

so that he or she is familiar with issues generally

involved in evaluative and non-evaluative dismissals.

If notice to the teacher was sent before July 1, 2012

or, if the notice was sent on or after July 1, 2012, the

teacher has requested a hearing before a mutually selected

hearing officer, the board and the teacher or their legal

representatives within 3 business days shall alternately

strike one name from the list provided by the State Board

of Education until only one name remains. Unless waived by

the teacher, the teacher shall have the right to proceed

first with the striking. Within 3 business days of receipt

of the list provided by the State Board of Education, the

board and the teacher or their legal representatives shall

each have the right to reject all prospective hearing

officers named on the list and notify the State Board of

Education of such rejection. Within 3 business days after

receiving this notification, the State Board of Education

shall appoint a qualified person from the master list who

did not appear on the list sent to the parties to serve as

the hearing officer, unless the parties notify it that they

have chosen to alternatively select a hearing officer under

paragraph (4) of this subsection (d).

If the teacher has requested a hearing before a hearing

officer selected by the board, the board shall select one

name from the master list of qualified impartial hearing

officers maintained by the State Board of Education within

3 business days after receipt and shall notify the State

Board of Education of its selection.

A hearing officer mutually selected by the parties,

selected by the board, or selected through an alternative

selection process under paragraph (4) of this subsection

(d) (A) must not be a resident of the school district, (B)

must be available to commence the hearing within 75 days

and conclude the hearing within 120 days after being

selected as the hearing officer, and (C) must issue a

decision as to whether the teacher must be dismissed and

give a copy of that decision to both the teacher and the

board within 30 days from the conclusion of the hearing or

closure of the record, whichever is later.

(4) In the alternative to selecting a hearing officer

from the list received from the State Board of Education or

accepting the appointment of a hearing officer by the State

Board of Education or if the State Board of Education

cannot provide a list or appoint a hearing officer that

meets the foregoing requirements, the board and the teacher

or their legal representatives may mutually agree to select

an impartial hearing officer who is not on the master list

either by direct appointment by the parties or by using

procedures for the appointment of an arbitrator

established by the Federal Mediation and Conciliation

Service or the American Arbitration Association. The

parties shall notify the State Board of Education of their

intent to select a hearing officer using an alternative

procedure within 3 business days of receipt of a list of

prospective hearing officers provided by the State Board of

Education, notice of appointment of a hearing officer by

the State Board of Education, or receipt of notice from the

State Board of Education that it cannot provide a list that

meets the foregoing requirements, whichever is later.

(5) If the notice of dismissal was sent to the teacher

before July 1, 2012, the fees and costs for the hearing

officer must be paid by the State Board of Education. If

the notice of dismissal was sent to the teacher on or after

July 1, 2012, the hearing officer's fees and costs must be

paid as follows in this paragraph (5). The fees and

permissible costs for the hearing officer must be

determined by the State Board of Education. If the board

and the teacher or their legal representatives mutually

agree to select an impartial hearing officer who is not on

a list received from the State Board of Education, they may

agree to supplement the fees determined by the State Board

to the hearing officer, at a rate consistent with the

hearing officer's published professional fees. If the

hearing officer is mutually selected by the parties, then

the board and the teacher or their legal representatives

shall each pay 50% of the fees and costs and any

supplemental allowance to which they agree. If the hearing

officer is selected by the board, then the board shall pay

100% of the hearing officer's fees and costs. The fees and

costs must be paid to the hearing officer within 14 days

after the board and the teacher or their legal

representatives receive the hearing officer's decision set

forth in paragraph (7) of this subsection (d).

(6) The teacher is required to answer the bill of

particulars and aver affirmative matters in his or her

defense, and the time for initially doing so and the time

for updating such answer and defenses after pre-hearing

discovery must be set by the hearing officer. The State

Board of Education shall promulgate rules so that each

party has a fair opportunity to present its case and to

ensure that the dismissal process proceeds in a fair and

expeditious manner. These rules shall address, without

limitation, discovery and hearing scheduling conferences;

the teacher's initial answer and affirmative defenses to

the bill of particulars and the updating of that

information after pre-hearing discovery; provision for

written interrogatories and requests for production of

documents; the requirement that each party initially

disclose to the other party and then update the disclosure

no later than 10 calendar days prior to the commencement of

the hearing, the names and addresses of persons who may be

called as witnesses at the hearing, a summary of the facts

or opinions each witness will testify to, and all other

documents and materials, including information maintained

electronically, relevant to its own as well as the other

party's case (the hearing officer may exclude witnesses and

exhibits not identified and shared, except those offered in

rebuttal for which the party could not reasonably have

anticipated prior to the hearing); pre-hearing discovery

and preparation, including provision for written

interrogatories and requests for production of documents,

provided that discovery depositions are prohibited; the

conduct of the hearing; the right of each party to be

represented by counsel, the offer of evidence and witnesses

and the cross-examination of witnesses; the authority of

the hearing officer to issue subpoenas and subpoenas duces

tecum, provided that the hearing officer may limit the

number of witnesses to be subpoenaed on behalf of each

party to no more than 7; the length of post-hearing briefs;

and the form, length, and content of hearing officers'

decisions. The hearing officer shall hold a hearing and

render a final decision for dismissal pursuant to Article

24A of this Code or shall report to the school board

findings of fact and a recommendation as to whether or not

the teacher must be dismissed for conduct. The hearing

officer shall commence the hearing within 75 days and

conclude the hearing within 120 days after being selected

as the hearing officer, provided that the hearing officer

may modify these timelines upon the showing of good cause

or mutual agreement of the parties. Good cause for the

purpose of this subsection (d) shall mean the illness or

otherwise unavoidable emergency of the teacher, district

representative, their legal representatives, the hearing

officer, or an essential witness as indicated in each

party's pre-hearing submission. In a dismissal hearing

pursuant to Article 24A of this Code, the hearing officer

shall consider and give weight to all of the teacher's

evaluations written pursuant to Article 24A that are

relevant to the issues in the hearing.

Each party shall have no more than 3 days to present

its case, unless extended by the hearing officer to enable

a party to present adequate evidence and testimony,

including due to the other party's cross-examination of the

party's witnesses, for good cause or by mutual agreement of

the parties. The State Board of Education shall define in

rules the meaning of "day" for such purposes. All testimony

at the hearing shall be taken under oath administered by

the hearing officer. The hearing officer shall cause a

record of the proceedings to be kept and shall employ a

competent reporter to take stenographic or stenotype notes

of all the testimony. The costs of the reporter's

attendance and services at the hearing shall be paid by the

party or parties who are responsible for paying the fees

and costs of the hearing officer. Either party desiring a

transcript of the hearing shall pay for the cost thereof.

Any post-hearing briefs must be submitted by the parties by

no later than 21 days after a party's receipt of the

transcript of the hearing, unless extended by the hearing

officer for good cause or by mutual agreement of the

parties.

(7) The hearing officer shall, within 30 days from the

conclusion of the hearing or closure of the record,

whichever is later, make a decision as to whether or not

the teacher shall be dismissed pursuant to Article 24A of

this Code or report to the school board findings of fact

and a recommendation as to whether or not the teacher shall

be dismissed for cause and shall give a copy of the

decision or findings of fact and recommendation to both the

teacher and the school board. If a hearing officer fails

without good cause, specifically provided in writing to

both parties and the State Board of Education, to render a

decision or findings of fact and recommendation within 30

days after the hearing is concluded or the record is

closed, whichever is later, the parties may mutually agree

to select a hearing officer pursuant to the alternative

procedure, as provided in this Section, to rehear the

charges heard by the hearing officer who failed to render a

decision or findings of fact and recommendation or to

review the record and render a decision. If any hearing

officer fails without good cause, specifically provided in

writing to both parties and the State Board of Education,

to render a decision or findings of fact and recommendation

within 30 days after the hearing is concluded or the record

is closed, whichever is later, the hearing officer shall be

removed from the master list of hearing officers maintained

by the State Board of Education for not more than 24

months. The parties and the State Board of Education may

also take such other actions as it deems appropriate,

including recovering, reducing, or withholding any fees

paid or to be paid to the hearing officer. If any hearing

officer repeats such failure, he or she must be permanently

removed from the master list maintained by the State Board

of Education and may not be selected by parties through the

alternative selection process under this paragraph (7) or

paragraph (4) of this subsection (d). The board shall not

lose jurisdiction to discharge a teacher if the hearing

officer fails to render a decision or findings of fact and

recommendation within the time specified in this Section.

If the decision of the hearing officer for dismissal

pursuant to Article 24A of this Code or of the school board

for dismissal for cause is in favor of the teacher, then

the hearing officer or school board shall order

reinstatement to the same or substantially equivalent

position and shall determine the amount for which the

school board is liable, including, but not limited to, loss

of income and benefits.

(8) The school board, within 45 days after receipt of

the hearing officer's findings of fact and recommendation

as to whether (i) the conduct at issue occurred, (ii) the

conduct that did occur was remediable, and (iii) the

proposed dismissal should be sustained, shall issue a

written order as to whether the teacher must be retained or

dismissed for cause from its employ. The school board's

written order shall incorporate the hearing officer's

findings of fact, except that the school board may modify

or supplement the findings of fact if, in its opinion, the

findings of fact are against the manifest weight of the

evidence.

If the school board dismisses the teacher

notwithstanding the hearing officer's findings of fact and

recommendation, the school board shall make a conclusion in

its written order, giving its reasons therefor, and such

conclusion and reasons must be included in its written

order. The failure of the school board to strictly adhere

to the timelines contained in this Section shall not render

it without jurisdiction to dismiss the teacher. The school

board shall not lose jurisdiction to discharge the teacher

for cause if the hearing officer fails to render a

recommendation within the time specified in this Section.

The decision of the school board is final, unless reviewed

as provided in paragraph (9) of this subsection (d).

If the school board retains the teacher, the school

board shall enter a written order stating the amount of

back pay and lost benefits, less mitigation, to be paid to

the teacher, within 45 days after its retention order.

Should the teacher object to the amount of the back pay and

lost benefits or amount mitigated, the teacher shall give

written objections to the amount within 21 days. If the

parties fail to reach resolution within 7 days, the dispute

shall be referred to the hearing officer, who shall

consider the school board's written order and teacher's

written objection and determine the amount to which the

school board is liable. The costs of the hearing officer's

review and determination must be paid by the board.

(9) The decision of the hearing officer pursuant to

Article 24A of this Code or of the school board's decision

to dismiss for cause is final unless reviewed as provided

in Section 24-16 of this Code Act. If the school board's

decision to dismiss for cause is contrary to the hearing

officer's recommendation, the court on review shall give

consideration to the school board's decision and its

supplemental findings of fact, if applicable, and the

hearing officer's findings of fact and recommendation in

making its decision. In the event such review is

instituted, the school board shall be responsible for

preparing and filing the record of proceedings, and such

costs associated therewith must be divided equally between

the parties.

(10) If a decision of the hearing officer for dismissal

pursuant to Article 24A of this Code or of the school board

for dismissal for cause is adjudicated upon review or

appeal in favor of the teacher, then the trial court shall

order reinstatement and shall remand the matter to the

school board with direction for entry of an order setting

the amount of back pay, lost benefits, and costs, less

mitigation. The teacher may challenge the school board's

order setting the amount of back pay, lost benefits, and

costs, less mitigation, through an expedited arbitration

procedure, with the costs of the arbitrator borne by the

school board.

Any teacher who is reinstated by any hearing or

adjudication brought under this Section shall be assigned

by the board to a position substantially similar to the one

which that teacher held prior to that teacher's suspension

or dismissal.

(11) Subject to any later effective date referenced in

this Section for a specific aspect of the dismissal

process, the changes made by Public Act 97-8 shall apply to

dismissals instituted on or after September 1, 2011. Any

dismissal instituted prior to September 1, 2011 must be

carried out in accordance with the requirements of this

Section prior to amendment by Public Act 97-8.

(e) Nothing contained in Public Act 98-648 this amendatory

Act of the 98th General Assembly repeals, supersedes,

invalidates, or nullifies final decisions in lawsuits pending

on July 1, 2014 (the effective date of Public Act 98-648) this

amendatory Act of the 98th General Assembly in Illinois courts

involving the interpretation of Public Act 97-8.

(Source: P.A. 99-78, eff. 7-20-15; 100-768, eff. 1-1-19;

revised 9-28-18.)

(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)

Sec. 26-2a. A "truant" is defined as a child who is subject

to compulsory school attendance and who is absent without valid

cause, as defined under this Section, from such attendance for

more than 1% but less than 5% of the past 180 school days.

"Valid cause" for absence shall be illness, observance of a

religious holiday, death in the immediate family, family

emergency, and shall include such other situations beyond the

control of the student as determined by the board of education

in each district, or such other circumstances which cause

reasonable concern to the parent for the mental, emotional, or

physical health or safety of the student.

"Chronic or habitual truant" shall be defined as a child

who is subject to compulsory school attendance and who is

absent without valid cause from such attendance for 5% or more

of the previous 180 regular attendance days.

"Truant minor" is defined as a chronic truant to whom

supportive services, including prevention, diagnostic,

intervention and remedial services, alternative programs and

other school and community resources have been provided and

have failed to result in the cessation of chronic truancy, or

have been offered and refused.

A "dropout" is defined as any child enrolled in grades 9

through 12 whose name has been removed from the district

enrollment roster for any reason other than the student's

death, extended illness, removal for medical non-compliance,

expulsion, aging out, graduation, or completion of a program of

studies and who has not transferred to another public or

private school and is not known to be home-schooled by his or

her parents or guardians or continuing school in another

country.

"Religion" for the purposes of this Article, includes all

aspects of religious observance and practice, as well as

belief.

(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;

revised 10-4-18.)

(105 ILCS 5/26-12) (from Ch. 122, par. 26-12)

Sec. 26-12. Punitive action.

(a) No punitive action, including out-of-school out of

school suspensions, expulsions, or court action, shall be taken

against truant minors for such truancy unless appropriate and

available supportive services and other school resources have

been provided to the student. Notwithstanding the provisions of

Section 10-22.6 of this Code, a truant minor may not be

expelled for nonattendance unless he or she has accrued 15

consecutive days of absences without valid cause and the

student cannot be located by the school district or the school

district has located the student but cannot, after exhausting

all available supportive support services, compel the student

to return to school.

(b) A school district may not refer a truant, chronic

truant, or truant minor to any other local public entity, as

defined under Section 1-206 of the Local Governmental and

Governmental Employees Tort Immunity Act, for that local public

entity to issue the child a fine or a fee as punishment for his

or her truancy.

(c) A school district may refer any person having custody

or control of a truant, chronic truant, or truant minor to any

other local public entity, as defined under Section 1-206 of

the Local Governmental and Governmental Employees Tort

Immunity Act, for that local public entity to issue the person

a fine or fee for the child's truancy only if the school

district's truant officer, regional office of education, or

intermediate service center has been notified of the truant

behavior and the school district, regional office of education,

or intermediate service center has offered all appropriate and

available supportive services and other school resources to the

child. Before a school district may refer a person having

custody or control of a child to a municipality, as defined

under Section 1-1-2 of the Illinois Municipal Code, the school

district must provide the following appropriate and available

services:

(1) For any child who is a homeless child, as defined

under Section 1-5 of the Education for Homeless Children

Act, a meeting between the child, the person having custody

or control of the child, relevant school personnel, and a

homeless liaison to discuss any barriers to the child's

attendance due to the child's transitional living

situation and to construct a plan that removes these

barriers.

(2) For any child with a documented disability, a

meeting between the child, the person having custody or

control of the child, and relevant school personnel to

review the child's current needs and address the

appropriateness of the child's placement and services. For

any child subject to Article 14 of this Code, this meeting

shall be an individualized education program meeting and

shall include relevant members of the individualized

education program team. For any child with a disability

under Section 504 of the federal Rehabilitation Act of 1973

(29 U.S.C. 794), this meeting shall be a Section 504 plan

review and include relevant members of the Section 504 plan

team.

(3) For any child currently being evaluated by a school

district for a disability or for whom the school has a

basis of knowledge that the child is a child with a

disability under 20 U.S.C. 1415(k)(5), the completion of

the evaluation and determination of the child's

eligibility for special education services.

(d) Before a school district may refer a person having

custody or control of a child to a local public entity under

this Section, the school district must document any appropriate

and available supportive services offered to the child. In the

event a meeting under this Section does not occur, a school

district must have documentation that it made reasonable

efforts to convene the meeting at a mutually convenient time

and date for the school district and the person having custody

or control of the child and, but for the conduct of that

person, the meeting would have occurred.

(Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18;

revised 10-5-18.)

(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)

Sec. 27-8.1. Health examinations and immunizations.

(1) In compliance with rules and regulations which the

Department of Public Health shall promulgate, and except as

hereinafter provided, all children in Illinois shall have a

health examination as follows: within one year prior to

entering kindergarten or the first grade of any public,

private, or parochial elementary school; upon entering the

sixth and ninth grades of any public, private, or parochial

school; prior to entrance into any public, private, or

parochial nursery school; and, irrespective of grade,

immediately prior to or upon entrance into any public, private,

or parochial school or nursery school, each child shall present

proof of having been examined in accordance with this Section

and the rules and regulations promulgated hereunder. Any child

who received a health examination within one year prior to

entering the fifth grade for the 2007-2008 school year is not

required to receive an additional health examination in order

to comply with the provisions of Public Act 95-422 when he or

she attends school for the 2008-2009 school year, unless the

child is attending school for the first time as provided in

this paragraph.

A tuberculosis skin test screening shall be included as a

required part of each health examination included under this

Section if the child resides in an area designated by the

Department of Public Health as having a high incidence of

tuberculosis. Additional health examinations of pupils,

including eye examinations, may be required when deemed

necessary by school authorities. Parents are encouraged to have

their children undergo eye examinations at the same points in

time required for health examinations.

(1.5) In compliance with rules adopted by the Department of

Public Health and except as otherwise provided in this Section,

all children in kindergarten and the second, sixth, and ninth

grades of any public, private, or parochial school shall have a

dental examination. Each of these children shall present proof

of having been examined by a dentist in accordance with this

Section and rules adopted under this Section before May 15th of

the school year. If a child in the second, sixth, or ninth

grade fails to present proof by May 15th, the school may hold

the child's report card until one of the following occurs: (i)

the child presents proof of a completed dental examination or

(ii) the child presents proof that a dental examination will

take place within 60 days after May 15th. The Department of

Public Health shall establish, by rule, a waiver for children

who show an undue burden or a lack of access to a dentist. Each

public, private, and parochial school must give notice of this

dental examination requirement to the parents and guardians of

students at least 60 days before May 15th of each school year.

(1.10) Except as otherwise provided in this Section, all

children enrolling in kindergarten in a public, private, or

parochial school on or after January 1, 2008 (the effective

date of Public Act 95-671) and any student enrolling for the

first time in a public, private, or parochial school on or

after January 1, 2008 (the effective date of Public Act 95-671)

shall have an eye examination. Each of these children shall

present proof of having been examined by a physician licensed

to practice medicine in all of its branches or a licensed

optometrist within the previous year, in accordance with this

Section and rules adopted under this Section, before October

15th of the school year. If the child fails to present proof by

October 15th, the school may hold the child's report card until

one of the following occurs: (i) the child presents proof of a

completed eye examination or (ii) the child presents proof that

an eye examination will take place within 60 days after October

15th. The Department of Public Health shall establish, by rule,

a waiver for children who show an undue burden or a lack of

access to a physician licensed to practice medicine in all of

its branches who provides eye examinations or to a licensed

optometrist. Each public, private, and parochial school must

give notice of this eye examination requirement to the parents

and guardians of students in compliance with rules of the

Department of Public Health. Nothing in this Section shall be

construed to allow a school to exclude a child from attending

because of a parent's or guardian's failure to obtain an eye

examination for the child.

(2) The Department of Public Health shall promulgate rules

and regulations specifying the examinations and procedures

that constitute a health examination, which shall include an

age-appropriate developmental screening, an age-appropriate

social and emotional screening, and the collection of data

relating to asthma and obesity (including at a minimum, date of

birth, gender, height, weight, blood pressure, and date of

exam), and a dental examination and may recommend by rule that

certain additional examinations be performed. The rules and

regulations of the Department of Public Health shall specify

that a tuberculosis skin test screening shall be included as a

required part of each health examination included under this

Section if the child resides in an area designated by the

Department of Public Health as having a high incidence of

tuberculosis. With respect to the developmental screening and

the social and emotional screening, the Department of Public

Health must, no later than January 1, 2019, develop rules and

appropriate revisions to the Child Health Examination form in

conjunction with a statewide organization representing school

boards; a statewide organization representing pediatricians;

statewide organizations representing individuals holding

Illinois educator licenses with school support personnel

endorsements, including school social workers, school

psychologists, and school nurses; a statewide organization

representing children's mental health experts; a statewide

organization representing school principals; the Director of

Healthcare and Family Services or his or her designee, the

State Superintendent of Education or his or her designee; and

representatives of other appropriate State agencies and, at a

minimum, must recommend the use of validated screening tools

appropriate to the child's age or grade, and, with regard to

the social and emotional screening, require recording only

whether or not the screening was completed. The rules shall

take into consideration the screening recommendations of the

American Academy of Pediatrics and must be consistent with the

State Board of Education's social and emotional learning

standards. The Department of Public Health shall specify that a

diabetes screening as defined by rule shall be included as a

required part of each health examination. Diabetes testing is

not required.

Physicians licensed to practice medicine in all of its

branches, licensed advanced practice registered nurses, or

licensed physician assistants shall be responsible for the

performance of the health examinations, other than dental

examinations, eye examinations, and vision and hearing

screening, and shall sign all report forms required by

subsection (4) of this Section that pertain to those portions

of the health examination for which the physician, advanced

practice registered nurse, or physician assistant is

responsible. If a registered nurse performs any part of a

health examination, then a physician licensed to practice

medicine in all of its branches must review and sign all

required report forms. Licensed dentists shall perform all

dental examinations and shall sign all report forms required by

subsection (4) of this Section that pertain to the dental

examinations. Physicians licensed to practice medicine in all

its branches or licensed optometrists shall perform all eye

examinations required by this Section and shall sign all report

forms required by subsection (4) of this Section that pertain

to the eye examination. For purposes of this Section, an eye

examination shall at a minimum include history, visual acuity,

subjective refraction to best visual acuity near and far,

internal and external examination, and a glaucoma evaluation,

as well as any other tests or observations that in the

professional judgment of the doctor are necessary. Vision and

hearing screening tests, which shall not be considered

examinations as that term is used in this Section, shall be

conducted in accordance with rules and regulations of the

Department of Public Health, and by individuals whom the

Department of Public Health has certified. In these rules and

regulations, the Department of Public Health shall require that

individuals conducting vision screening tests give a child's

parent or guardian written notification, before the vision

screening is conducted, that states, "Vision screening is not a

substitute for a complete eye and vision evaluation by an eye

doctor. Your child is not required to undergo this vision

screening if an optometrist or ophthalmologist has completed

and signed a report form indicating that an examination has

been administered within the previous 12 months.".

(2.5) With respect to the developmental screening and the

social and emotional screening portion of the health

examination, each child may present proof of having been

screened in accordance with this Section and the rules adopted

under this Section before October 15th of the school year. With

regard to the social and emotional screening only, the

examining health care provider shall only record whether or not

the screening was completed. If the child fails to present

proof of the developmental screening or the social and

emotional screening portions of the health examination by

October 15th of the school year, qualified school support

personnel may, with a parent's or guardian's consent, offer the

developmental screening or the social and emotional screening

to the child. Each public, private, and parochial school must

give notice of the developmental screening and social and

emotional screening requirements to the parents and guardians

of students in compliance with the rules of the Department of

Public Health. Nothing in this Section shall be construed to

allow a school to exclude a child from attending because of a

parent's or guardian's failure to obtain a developmental

screening or a social and emotional screening for the child.

Once a developmental screening or a social and emotional

screening is completed and proof has been presented to the

school, the school may, with a parent's or guardian's consent,

make available appropriate school personnel to work with the

parent or guardian, the child, and the provider who signed the

screening form to obtain any appropriate evaluations and

services as indicated on the form and in other information and

documentation provided by the parents, guardians, or provider.

(3) Every child shall, at or about the same time as he or

she receives a health examination required by subsection (1) of

this Section, present to the local school proof of having

received such immunizations against preventable communicable

diseases as the Department of Public Health shall require by

rules and regulations promulgated pursuant to this Section and

the Communicable Disease Prevention Act.

(4) The individuals conducting the health examination,

dental examination, or eye examination shall record the fact of

having conducted the examination, and such additional

information as required, including for a health examination

data relating to asthma and obesity (including at a minimum,

date of birth, gender, height, weight, blood pressure, and date

of exam), on uniform forms which the Department of Public

Health and the State Board of Education shall prescribe for

statewide use. The examiner shall summarize on the report form

any condition that he or she suspects indicates a need for

special services, including for a health examination factors

relating to asthma or obesity. The duty to summarize on the

report form does not apply to social and emotional screenings.

The confidentiality of the information and records relating to

the developmental screening and the social and emotional

screening shall be determined by the statutes, rules, and

professional ethics governing the type of provider conducting

the screening. The individuals confirming the administration

of required immunizations shall record as indicated on the form

that the immunizations were administered.

(5) If a child does not submit proof of having had either

the health examination or the immunization as required, then

the child shall be examined or receive the immunization, as the

case may be, and present proof by October 15 of the current

school year, or by an earlier date of the current school year

established by a school district. To establish a date before

October 15 of the current school year for the health

examination or immunization as required, a school district must

give notice of the requirements of this Section 60 days prior

to the earlier established date. If for medical reasons one or

more of the required immunizations must be given after October

15 of the current school year, or after an earlier established

date of the current school year, then the child shall present,

by October 15, or by the earlier established date, a schedule

for the administration of the immunizations and a statement of

the medical reasons causing the delay, both the schedule and

the statement being issued by the physician, advanced practice

registered nurse, physician assistant, registered nurse, or

local health department that will be responsible for

administration of the remaining required immunizations. If a

child does not comply by October 15, or by the earlier

established date of the current school year, with the

requirements of this subsection, then the local school

authority shall exclude that child from school until such time

as the child presents proof of having had the health

examination as required and presents proof of having received

those required immunizations which are medically possible to

receive immediately. During a child's exclusion from school for

noncompliance with this subsection, the child's parents or

legal guardian shall be considered in violation of Section 26-1

and subject to any penalty imposed by Section 26-10. This

subsection (5) does not apply to dental examinations, eye

examinations, and the developmental screening and the social

and emotional screening portions of the health examination. If

the student is an out-of-state transfer student and does not

have the proof required under this subsection (5) before

October 15 of the current year or whatever date is set by the

school district, then he or she may only attend classes (i) if

he or she has proof that an appointment for the required

vaccinations has been scheduled with a party authorized to

submit proof of the required vaccinations. If the proof of

vaccination required under this subsection (5) is not submitted

within 30 days after the student is permitted to attend

classes, then the student is not to be permitted to attend

classes until proof of the vaccinations has been properly

submitted. No school district or employee of a school district

shall be held liable for any injury or illness to another

person that results from admitting an out-of-state transfer

student to class that has an appointment scheduled pursuant to

this subsection (5).

(6) Every school shall report to the State Board of

Education by November 15, in the manner which that agency shall

require, the number of children who have received the necessary

immunizations and the health examination (other than a dental

examination or eye examination) as required, indicating, of

those who have not received the immunizations and examination

as required, the number of children who are exempt from health

examination and immunization requirements on religious or

medical grounds as provided in subsection (8). On or before

December 1 of each year, every public school district and

registered nonpublic school shall make publicly available the

immunization data they are required to submit to the State

Board of Education by November 15. The immunization data made

publicly available must be identical to the data the school

district or school has reported to the State Board of

Education.

Every school shall report to the State Board of Education

by June 30, in the manner that the State Board requires, the

number of children who have received the required dental

examination, indicating, of those who have not received the

required dental examination, the number of children who are

exempt from the dental examination on religious grounds as

provided in subsection (8) of this Section and the number of

children who have received a waiver under subsection (1.5) of

this Section.

Every school shall report to the State Board of Education

by June 30, in the manner that the State Board requires, the

number of children who have received the required eye

examination, indicating, of those who have not received the

required eye examination, the number of children who are exempt

from the eye examination as provided in subsection (8) of this

Section, the number of children who have received a waiver

under subsection (1.10) of this Section, and the total number

of children in noncompliance with the eye examination

requirement.

The reported information under this subsection (6) shall be

provided to the Department of Public Health by the State Board

of Education.

(7) Upon determining that the number of pupils who are

required to be in compliance with subsection (5) of this

Section is below 90% of the number of pupils enrolled in the

school district, 10% of each State aid payment made pursuant to

Section 18-8.05 or 18-8.15 to the school district for such year

may be withheld by the State Board of Education until the

number of students in compliance with subsection (5) is the

applicable specified percentage or higher.

(8) Children of parents or legal guardians who object to

health, dental, or eye examinations or any part thereof, to

immunizations, or to vision and hearing screening tests on

religious grounds shall not be required to undergo the

examinations, tests, or immunizations to which they so object

if such parents or legal guardians present to the appropriate

local school authority a signed Certificate of Religious

Exemption detailing the grounds for objection and the specific

immunizations, tests, or examinations to which they object. The

grounds for objection must set forth the specific religious

belief that conflicts with the examination, test,

immunization, or other medical intervention. The signed

certificate shall also reflect the parent's or legal guardian's

understanding of the school's exclusion policies in the case of

a vaccine-preventable disease outbreak or exposure. The

certificate must also be signed by the authorized examining

health care provider responsible for the performance of the

child's health examination confirming that the provider

provided education to the parent or legal guardian on the

benefits of immunization and the health risks to the student

and to the community of the communicable diseases for which

immunization is required in this State. However, the health

care provider's signature on the certificate reflects only that

education was provided and does not allow a health care

provider grounds to determine a religious exemption. Those

receiving immunizations required under this Code shall be

provided with the relevant vaccine information statements that

are required to be disseminated by the federal National

Childhood Vaccine Injury Act of 1986, which may contain

information on circumstances when a vaccine should not be

administered, prior to administering a vaccine. A healthcare

provider may consider including without limitation the

nationally accepted recommendations from federal agencies such

as the Advisory Committee on Immunization Practices, the

information outlined in the relevant vaccine information

statement, and vaccine package inserts, along with the

healthcare provider's clinical judgment, to determine whether

any child may be more susceptible to experiencing an adverse

vaccine reaction than the general population, and, if so, the

healthcare provider may exempt the child from an immunization

or adopt an individualized immunization schedule. The

Certificate of Religious Exemption shall be created by the

Department of Public Health and shall be made available and

used by parents and legal guardians by the beginning of the

2015-2016 school year. Parents or legal guardians must submit

the Certificate of Religious Exemption to their local school

authority prior to entering kindergarten, sixth grade, and

ninth grade for each child for which they are requesting an

exemption. The religious objection stated need not be directed

by the tenets of an established religious organization.

However, general philosophical or moral reluctance to allow

physical examinations, eye examinations, immunizations, vision

and hearing screenings, or dental examinations does not provide

a sufficient basis for an exception to statutory requirements.

The local school authority is responsible for determining if

the content of the Certificate of Religious Exemption

constitutes a valid religious objection. The local school

authority shall inform the parent or legal guardian of

exclusion procedures, in accordance with the Department's

rules under Part 690 of Title 77 of the Illinois Administrative

Code, at the time the objection is presented.

If the physical condition of the child is such that any one

or more of the immunizing agents should not be administered,

the examining physician, advanced practice registered nurse,

or physician assistant responsible for the performance of the

health examination shall endorse that fact upon the health

examination form.

Exempting a child from the health, dental, or eye

examination does not exempt the child from participation in the

program of physical education training provided in Sections

27-5 through 27-7 of this Code.

(8.5) The school board of a school district shall include

informational materials regarding influenza and influenza

vaccinations and meningococcal disease and meningococcal

vaccinations developed, provided, or approved by the

Department of Public Health under Section 2310-700 of the

Department of Public Health Powers and Duties Law of the Civil

Administrative Code of Illinois when the board provides

information on immunizations, infectious diseases,

medications, or other school health issues to the parents or

guardians of students.

(9) For the purposes of this Section, "nursery schools"

means those nursery schools operated by elementary school

systems or secondary level school units or institutions of

higher learning.

(Source: P.A. 99-173, eff. 7-29-15; 99-249, eff. 8-3-15;

99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-238, eff.

1-1-18; 100-465, eff. 8-31-17; 100-513, eff. 1-1-18; 100-829,

eff. 1-1-19; 100-863, eff. 8-14-18; 100-977, eff. 1-1-19;

100-1011, eff. 8-21-18; revised 10-5-18.)

(105 ILCS 5/27-22.05)

Sec. 27-22.05. Required course substitute. Notwithstanding

any other provision of this Article or this Code, a school

board that maintains any of grades 9 through 12 is authorized

to adopt a policy under which a student who is enrolled in any

of those grades may satisfy one or more high school course or

graduation requirements, including, but not limited to, any

requirements under Sections 27-6 and 27-22, by successfully

completing a registered apprenticeship program under rules

adopted by the State Board of Education under Section 2-3.175

2-3.173 of this Code, or by substituting for and successfully

completing in place of the high school course or graduation

requirement a related vocational or technical education

course. A vocational or technical education course shall not

qualify as a related vocational or technical education course

within the meaning of this Section unless it contains at least

50% of the content of the required course or graduation

requirement for which it is substituted, as determined by the

State Board of Education in accordance with standards that it

shall adopt and uniformly apply for purposes of this Section.

No vocational or technical education course may be substituted

for a required course or graduation requirement under any

policy adopted by a school board as authorized in this Section

unless the pupil's parent or guardian first requests the

substitution and approves it in writing on forms that the

school district makes available for purposes of this Section.

(Source: P.A. 100-992, eff. 8-20-18; revised 10-16-18.)

(105 ILCS 5/27-23.11)

Sec. 27-23.11. Traffic injury prevention; policy. The

school board of a school district that maintains any of grades

kindergarten through 8 shall adopt a policy on educating

students on the effective methods of preventing and avoiding

traffic injuries related to walking and bicycling, which

education must be made available to students in grades

kindergarten through 8.

(Source: P.A. 100-1056, eff. 8-24-18.)

(105 ILCS 5/27-23.12)

Sec. 27-23.12 27-23.11. Emotional Intelligence and Social

and Emotional Learning Task Force. The Emotional Intelligence

and Social and Emotional Learning Task Force is created to

develop curriculum and assessment guidelines and best

practices on emotional intelligence and social and emotional

learning. The Task Force shall consist of the State

Superintendent of Education or his or her designee and all of

the following members, appointed by the State Superintendent:

(1) A representative of a school district organized

under Article 34 of this Code.

(2) A representative of a statewide organization

representing school boards.

(3) A representative of a statewide organization

representing individuals holding professional educator

licenses with school support personnel endorsements under

Article 21B of this Code, including school social workers,

school psychologists, and school nurses.

(4) A representative of a statewide organization

representing children's mental health experts.

(5) A representative of a statewide organization

representing school principals.

(6) An employee of a school under Article 13A of this

Code.

(7) A school psychologist employed by a school district

in Cook County.

(8) Representatives of other appropriate State

agencies, as determined by the State Superintendent.

Members appointed by the State Superintendent shall serve

without compensation but shall be reimbursed for their

reasonable and necessary expenses from funds appropriated to

the State Board of Education for that purpose, including

travel, subject to the rules of the appropriate travel control

board. The Task Force shall meet at the call of the State

Superintendent. The State Board of Education shall provide

administrative and other support to the Task Force.

The Task Force shall develop age-appropriate, emotional

intelligence and social and emotional learning curriculum and

assessment guidelines and best practices for elementary

schools and high schools. The guidelines shall, at a minimum,

include teaching how to recognize, direct, and positively

express emotions. The Task Force shall complete the guidelines

on or before January 1, 2019. Upon completion of the guidelines

the Task Force is dissolved.

(Source: P.A. 100-1139, eff. 11-28-18; revised 12-19-18.)

(105 ILCS 5/27A-5)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian,

nonreligious, non-home based, and non-profit school. A charter

school shall be organized and operated as a nonprofit

corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article

by creating a new school or by converting an existing public

school or attendance center to charter school status. Beginning

on April 16, 2003 (the effective date of Public Act 93-3), in

all new applications to establish a charter school in a city

having a population exceeding 500,000, operation of the charter

school shall be limited to one campus. The changes made to this

Section by Public Act 93-3 do not apply to charter schools

existing or approved on or before April 16, 2003 (the effective

date of Public Act 93-3).

(b-5) In this subsection (b-5), "virtual-schooling" means

a cyber school where students engage in online curriculum and

instruction via the Internet and electronic communication with

their teachers at remote locations and with students

participating at different times.

From April 1, 2013 through December 31, 2016, there is a

moratorium on the establishment of charter schools with

virtual-schooling components in school districts other than a

school district organized under Article 34 of this Code. This

moratorium does not apply to a charter school with

virtual-schooling components existing or approved prior to

April 1, 2013 or to the renewal of the charter of a charter

school with virtual-schooling components already approved

prior to April 1, 2013.

On or before March 1, 2014, the Commission shall submit to

the General Assembly a report on the effect of

virtual-schooling, including without limitation the effect on

student performance, the costs associated with

virtual-schooling, and issues with oversight. The report shall

include policy recommendations for virtual-schooling.

(c) A charter school shall be administered and governed by

its board of directors or other governing body in the manner

provided in its charter. The governing body of a charter school

shall be subject to the Freedom of Information Act and the Open

Meetings Act.

(d) For purposes of this subsection (d), "non-curricular

health and safety requirement" means any health and safety

requirement created by statute or rule to provide, maintain,

preserve, or safeguard safe or healthful conditions for

students and school personnel or to eliminate, reduce, or

prevent threats to the health and safety of students and school

personnel. "Non-curricular health and safety requirement" does

not include any course of study or specialized instructional

requirement for which the State Board has established goals and

learning standards or which is designed primarily to impart

knowledge and skills for students to master and apply as an

outcome of their education.

A charter school shall comply with all non-curricular

health and safety requirements applicable to public schools

under the laws of the State of Illinois. On or before September

1, 2015, the State Board shall promulgate and post on its

Internet website a list of non-curricular health and safety

requirements that a charter school must meet. The list shall be

updated annually no later than September 1. Any charter

contract between a charter school and its authorizer must

contain a provision that requires the charter school to follow

the list of all non-curricular health and safety requirements

promulgated by the State Board and any non-curricular health

and safety requirements added by the State Board to such list

during the term of the charter. Nothing in this subsection (d)

precludes an authorizer from including non-curricular health

and safety requirements in a charter school contract that are

not contained in the list promulgated by the State Board,

including non-curricular health and safety requirements of the

authorizing local school board.

(e) Except as otherwise provided in the School Code, a

charter school shall not charge tuition; provided that a

charter school may charge reasonable fees for textbooks,

instructional materials, and student activities.

(f) A charter school shall be responsible for the

management and operation of its fiscal affairs including, but

not limited to, the preparation of its budget. An audit of each

charter school's finances shall be conducted annually by an

outside, independent contractor retained by the charter

school. To ensure financial accountability for the use of

public funds, on or before December 1 of every year of

operation, each charter school shall submit to its authorizer

and the State Board a copy of its audit and a copy of the Form

990 the charter school filed that year with the federal

Internal Revenue Service. In addition, if deemed necessary for

proper financial oversight of the charter school, an authorizer

may require quarterly financial statements from each charter

school.

(g) A charter school shall comply with all provisions of

this Article, the Illinois Educational Labor Relations Act, all

federal and State laws and rules applicable to public schools

that pertain to special education and the instruction of

English learners, and its charter. A charter school is exempt

from all other State laws and regulations in this Code

governing public schools and local school board policies;

however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding

criminal history records checks and checks of the Statewide

Sex Offender Database and Statewide Murderer and Violent

Offender Against Youth Database of applicants for

employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees

Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit

Corporation Act of 1986 regarding indemnification of

officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and

subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school report

cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying

prevention;

(10) Section 2-3.162 of this Code regarding student

discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code; and

(14) Section 26-18 of this Code; and

(15) Section 22-30 of this Code.

The change made by Public Act 96-104 to this subsection (g)

is declaratory of existing law.

(h) A charter school may negotiate and contract with a

school district, the governing body of a State college or

university or public community college, or any other public or

for-profit or nonprofit private entity for: (i) the use of a

school building and grounds or any other real property or

facilities that the charter school desires to use or convert

for use as a charter school site, (ii) the operation and

maintenance thereof, and (iii) the provision of any service,

activity, or undertaking that the charter school is required to

perform in order to carry out the terms of its charter.

However, a charter school that is established on or after April

16, 2003 (the effective date of Public Act 93-3) and that

operates in a city having a population exceeding 500,000 may

not contract with a for-profit entity to manage or operate the

school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) and concludes at the end of

the 2004-2005 school year. Except as provided in subsection (i)

of this Section, a school district may charge a charter school

reasonable rent for the use of the district's buildings,

grounds, and facilities. Any services for which a charter

school contracts with a school district shall be provided by

the district at cost. Any services for which a charter school

contracts with a local school board or with the governing body

of a State college or university or public community college

shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established

by converting an existing school or attendance center to

charter school status be required to pay rent for space that is

deemed available, as negotiated and provided in the charter

agreement, in school district facilities. However, all other

costs for the operation and maintenance of school district

facilities that are used by the charter school shall be subject

to negotiation between the charter school and the local school

board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or

grade level.

(k) If the charter school is approved by the Commission,

then the Commission charter school is its own local education

agency.

(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,

eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;

99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;

100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.

1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,

eff. 8-14-18; revised 10-5-18.)

Section 390. The Illinois Mathematics and Science Academy

Law is amended by changing Section 4 as follows:

(105 ILCS 305/4) (from Ch. 122, par. 1503-4)

Sec. 4. Powers of the Board. The board is hereby authorized

to:

(a) Accept donations, bequests, or other forms of

financial assistance for educational purposes from any

public or private person or agency and comply with rules

and regulations governing grants from the federal

government or from any other person or agency, which are

not in contravention of the Illinois Constitution or the

laws of the State of Illinois.

(b) Purchase equipment and make improvements to

facilities necessary for the use of the school, in

accordance with applicable law.

(c) Adopt, amend, or repeal rules, regulations, and

policies necessary or proper for the conduct of the

business of the board.

(d) Award certificates and issue diplomas for

successful completion of programs of study requirements.

(e) Select a Director who shall be the chief

administrative officer of the Academy and who shall

administer the rules, regulations, and policies adopted by

the Board pursuant hereto. The Director shall also be the

chief administrative officer of the Board and shall be

responsible for all the administrative functions, duties,

and needs of the Board.

(f) Determine faculty and staff positions necessary

for the efficient operation of the school and select

personnel for such positions.

(g) Prepare and adopt an annual budget necessary for

the continued operation of the school.

(h) Enter into contracts and agreements which have been

recommended by the Director, in accordance with applicable

law, and to the extent that funds are specifically

appropriated therefor, with other public agencies with

respect to cooperative enterprises and undertaking related

to or associated with an educational purpose or program

affecting education in the school. This shall not preclude

the Board from entering into other such contracts and

agreements that it may deem necessary to carry out its

duties and functions.

(i) Perform such other functions as are necessary to

the supervision and control of those phases of education

under its supervision and control.

(j) The Board shall delegate to the Director such of its

administrative powers and duties as it deems appropriate to aid

the Director in the efficient administration of his

responsibility for the implementation of the policies of the

Board.

(k) The Academy shall be empowered to lease or purchase

real and personal property on commercially reasonable terms for

the use of the Academy. After July 1, 1988, any leases or

purchases of real or personal property and any disposition

thereof by the Academy must be in compliance with the

provisions of The Civil Administrative Code of Illinois and the

State Property Control Act. Personal property acquired for the

use of the Academy shall be inventoried and disposed of in

accordance with the State Property Control Act.

In addition to the authorities granted herein and any

powers, duties, and responsibilities vested by any other

applicable laws, the Board shall:

(1) Adopt rules, regulations, and policies necessary

for the efficient operation of the school.

(2) Establish criteria to be used in determining

eligibility of applicants for enrollment. Such criteria

shall ensure adequate geographic representation of this

State and adequate sexual and ethnic representation.

(3) Determine subjects and extracurricular activities

to be offered.

(4) Pay salaries and expenses, including but not

necessarily restricted to facilities, equipment, and

supplies of the faculty and staff of the Academy out of

funds appropriated or otherwise made available for the

operating and administrative expenses of the Board and the

Academy.

(5) Exercise budgetary responsibility and allocate for

expenditure by the Academy and programs under its

jurisdiction, all monies appropriated or otherwise made

available for purposes of the Board and of such Academy and

programs.

(6) Prescribe and select for use in the school free

school books and other materials of instruction for

children enrolled in the school and programs under its

jurisdiction for which the General Assembly provides

funds. However, free school books and other materials of

instruction need not be provided to students who are not

Illinois residents, and a fee may be charged to such

students for books and materials.

(7) Prepare and adopt or approve programs of study and

rules, bylaws, and regulations for the conduct of students

and for the government of the school and programs under its

jurisdiction.

(8) Employ such personnel as may be needed, establish

policies governing their employment and dismissal, and fix

the amount of their compensation. In the employment,

establishment of policies and fixing of compensation the

board may make no discrimination on account of sex, race,

creed, color or national origin.

The Academy, its board of trustees, and its employees shall

be represented and indemnified in certain civil law suits in

accordance with the State Employee Indemnification Act "An Act

to provide for representation and indemnification in certain

civil law suits", approved December 3, 1977, as amended.

Neither the Academy, nor its officers, employees or board

members shall participate in the creation of any corporation,

joint venture, partnership, association, or other

organizational entity which exercises, expands, or enhances

the powers, duties, or responsibilities of the Academy unless

specifically authorized by the General Assembly by law.

This Section does not restrict the Academy from creating

any organization entity which is within or a part of the

Academy.

(Source: P.A. 100-937, eff. 1-1-19; revised 9-28-18.)

Section 395. The Behavioral Health Workforce Education

Center Task Force Act is amended by changing Section 5 as

follows:

(110 ILCS 165/5)

Sec. 5. Behavioral Health Workforce Education Center Task

Force.

(a) The Behavioral Health Education Center Task Force is

created.

(b) The Task Force shall be composed of the following

members:

(1) the Executive Director of the Board of Higher

Education, or his or her designee;

(2) a representative of Southern Illinois University

at Carbondale, appointed by the chancellor of Southern

Illinois University at Carbondale;

(3) a representative of Southern Illinois University

at Edwardsville, appointed by the chancellor of Southern

Illinois University at Edwardsville;

(4) a representative of Southern Illinois University

School of Medicine, appointed by the President of Southern

Illinois University;

(5) a representative of the University of Illinois at

Urbana-Champaign, appointed by the chancellor of the

University of Illinois at Urbana-Champaign; :

(6) a representative of the University of Illinois at

Chicago, appointed by the chancellor of the University of

Illinois at Chicago;

(7) a representative of the University of Illinois at

Springfield, appointed by the chancellor of the University

of Illinois at Springfield;

(8) a representative of the University of Illinois

School of Medicine, appointed by the President of the

University of Illinois;

(9) a representative of the University of Illinois at

Chicago Hospital & Health Sciences System (UI Health),

appointed by the Vice Chancellor for Health Affairs of the

University of Illinois at Chicago;

(10) a representative of the Division of Mental Health

of the Department of Human Services, appointed by the

Secretary of Human Services;

(11) 2 representatives of a statewide organization

representing community behavioral healthcare, appointed by

the President of Southern Illinois University from

nominations made by the statewide organization; and

(12) one representative from a hospital located in a

municipality with more than 1,000,000 inhabitants that

principally provides services to children.

(c) The Task Force shall meet to organize and select a

chairperson from the non-governmental members of the Task Force

upon appointment of a majority of the members. The chairperson

shall be elected by a majority vote of the members of the Task

Force.

(d) The Task Force may consult with any persons or entities

it deems necessary to carry out its purposes.

(e) The members of the Task Force shall receive no

compensation for serving as members of the Task Force.

(f) The Task Force shall study the concepts presented in

House Bill 5111, as introduced, of the 100th General Assembly.

Additionally, the Task Force shall consider the fiscal means by

which the General Assembly might most effectively fund

implementation of the concepts presented in House Bill 5111, as

introduced, of the 100th General Assembly.

(g) The Task Force shall submit its findings and

recommendations to the General Assembly on or before September

28th, 2018. The report to the General Assembly shall be filed

with the Clerk of the House of Representatives and the

Secretary of the Senate in electronic form only, in the manner

that the Clerk and the Secretary shall direct.

(h) The Board of Higher Education shall provide technical

support and administrative assistance and support to the Task

Force and shall be responsible for administering its operations

and ensuring that the requirements of this Act are met.

(Source: P.A. 100-767, eff. 8-10-18; revised 10-9-18.)

Section 400. The Board of Higher Education Act is amended

by changing Section 7 and by setting forth and renumbering

multiple versions of Section 9.37 as follows:

(110 ILCS 205/7) (from Ch. 144, par. 187)

Sec. 7. The Board of Trustees of the University of

Illinois, the Board of Trustees of Southern Illinois

University, the Board of Trustees of Chicago State University,

the Board of Trustees of Eastern Illinois University, the Board

of Trustees of Governors State University, the Board of

Trustees of Illinois State University, the Board of Trustees of

Northeastern Illinois University, the Board of Trustees of

Northern Illinois University, the Board of Trustees of Western

Illinois University, the Illinois Community College Board and

the campuses under their governance or supervision shall not

hereafter undertake the establishment of any new unit of

instruction, research, or public service without the approval

of the Board. The term "new unit of instruction, research, or

public service" includes the establishment of a college,

school, division, institute, department, or other unit in any

field of instruction, research, or public service not

theretofore included in the program of the institution, and

includes the establishment of any new branch or campus. The

term does not include reasonable and moderate extensions of

existing curricula, research, or public service programs which

have a direct relationship to existing programs; and the Board

may, under its rulemaking rule making power, define the

character of such reasonable and moderate extensions.

Such governing boards shall submit to the Board all

proposals for a new unit of instruction, research, or public

service. The Board may approve or disapprove the proposal in

whole or in part or approve modifications thereof whenever in

its judgment such action is consistent with the objectives of

an existing or proposed master plan of higher education.

The Board of Higher Education is authorized to review

periodically all existing programs of instruction, research,

and public service at the State universities and colleges and

to advise the appropriate board of control if the contribution

of each program is not educationally and economically

justified. Each State university shall report annually to the

Board on programs of instruction, research, or public service

that have been terminated, dissolved, reduced, or consolidated

by the university. Each State university shall also report to

the Board all programs of instruction, research, and public

service that exhibit a trend of low performance in enrollments,

degree completions, and high expense per degree. The Board

shall compile an annual report that shall contain information

on new programs created, existing programs that have been

closed or consolidated, and programs that exhibit low

performance or productivity. The report must be submitted to

the General Assembly. The Board shall have the authority to

define relevant terms and timelines by rule with respect to

this reporting.

(Source: P.A. 97-610, eff. 1-1-12; revised 10-9-18.)

(110 ILCS 205/9.37)

(Section scheduled to be repealed on July 1, 2019)

Sec. 9.37. The College and Career Interest Task Force.

(a) The College and Career Interest Task Force is created

to determine the process by which Illinois public high school

student college or career interest data may be collected and

shared amongst public institutions of higher education. The

Task Force shall consist of all of the following members:

(1) One member from each of the following public

institutions of higher education, appointed by the board of

trustees of the institution:

(A) Chicago State University;

(B) Eastern Illinois University;

(C) Governors State University;

(D) Illinois State University;

(E) Northeastern Illinois University;

(F) Northern Illinois University;

(G) Southern Illinois University at Carbondale;

(H) Southern Illinois University at Edwardsville;

(I) University of Illinois at Chicago;

(J) University of Illinois at Springfield;

(K) University of Illinois at Urbana-Champaign;

and

(L) Western Illinois University.

(2) One member from the Board, appointed by the Board.

(3) One member from the Illinois Community College

Board, appointed by the Illinois Community College Board.

(4) One member from the Illinois Student Assistance

Commission, appointed by the Illinois Student Assistance

Commission.

(5) The State Superintendent of Education, or his or

her designee.

(6) One member representing regional offices of

education, recommended by a statewide organization that

represents regional superintendents of schools.

(7) One member representing school boards, recommended

by a statewide organization that represents school boards.

(8) One member representing school principals,

recommended by a statewide organization that represents

principals.

(9) One member representing school administrators,

recommended by a statewide organization that represents

school administrators.

(10) One member representing teachers, recommended by

a statewide organization that represents teachers.

(11) One member representing teachers, recommended by

a different statewide organization that represents

teachers.

(12) One member representing teachers, recommended by

an organization representing teachers of a school

district.

(13) One member representing Chicago Public Schools.

(14) One member representing large unit school

districts.

(15) One member representing suburban school

districts.

(16) One member representing south suburban school

districts.

(17) One member representing a statewide organization

focused on research-based education policy to support a

school system that prepares all students for college, a

career, and democratic citizenship.

(18) One member representing an education advocacy

organization that works with parents or guardians.

(19) One member representing a high school district

organization in this State.

(b) Members of the Task Force shall serve without

compensation but may be reimbursed for their reasonable and

necessary expenses from funds appropriated to the Board for

that purpose, including travel, subject to the rules of the

appropriate travel control board. The Board shall provide

administrative and other support to the Task Force.

(c) The Task Force shall meet at the call of the Board and

shall study the feasible methods by which the college or career

interest data of a high school student in this State may be

collected and shared amongst public institutions of higher

education. The Task Force shall submit the findings of the

study to the General Assembly on or before January 30, 2019, at

which time the Task Force is dissolved. The report to the

General Assembly shall be filed with the Clerk of the House of

Representatives and the Secretary of the Senate in electronic

form only, in the manner that the Clerk and the Secretary shall

direct.

(d) This Section is repealed on July 1, 2019.

(Source: P.A. 100-1007, eff. 8-21-18.)

(110 ILCS 205/9.38)

Sec. 9.38 9.37. Tuition waiver. The Board may not limit the

amount of tuition revenue that a public university may waive.

(Source: P.A. 100-824, eff. 8-13-18; revised 10-22-18.)

Section 405. The University of Illinois Act is amended by

changing Section 7b as follows:

(110 ILCS 305/7b) (from Ch. 144, par. 28b)

Sec. 7b. The Board of Trustees of the University of

Illinois shall have the power to acquire, own, construct,

enlarge, improve, and equip, and to operate, control and

manage, directly or through others, central heating, steam and

other energy generating and processing plants and distribution

facilities to serve University buildings, facilities and

activities. The Board of Trustees may contract for periods not

to exceed 10 years for delivery of coal, fuel oil and natural

gas, with payments to be made from appropriations for the year

in which the coal, fuel oil or natural gas is delivered;

provided that all such contracts for the delivery of fuel shall

recite that they are subject to termination and cancellation in

any year for which the General Assembly fails to make an

appropriation to make payments under the terms of such

contract. To the extent any such plant produces or processes

energy in excess of the University's requirements, the Board of

Trustees may at its discretion sell, transport and deliver to

others all or a part of said excess energy at such fees, rates

and charges as the Board of Trustees may determine from time to

time. No sale or other disposition of energy by the Board of

Trustees pursuant to this Section shall be deemed to constitute

the University of Illinois a public utility, nor shall the

University be otherwise deemed a public utility, that is

subject to the Public Utilities Act "An Act concerning public

utilities", approved June 29, 1921, as amended.

(Source: P.A. 88-494; revised 10-9-18.)

Section 410. The Public Community College Act is amended by

changing Sections 2-11, 2-12, and 3-25.1 as follows:

(110 ILCS 805/2-11) (from Ch. 122, par. 102-11)

Sec. 2-11. The State Board in cooperation with the

four-year colleges is empowered to develop articulation

procedures that maximize freedom of transfer among and between

community colleges and baccalaureate-granting baccalaureate

granting institutions, consistent with minimum admission

policies established by the Board of Higher Education.

(Source: P.A. 100-884, eff. 1-1-19; revised 10-9-18.)

(110 ILCS 805/2-12) (from Ch. 122, par. 102-12)

Sec. 2-12. The State Board shall have the power and it

shall be its duty:

(a) To provide statewide planning for community

colleges as institutions of higher education and to

coordinate the programs, services and activities of all

community colleges in the State so as to encourage and

establish a system of locally initiated and administered

comprehensive community colleges.

(b) To organize and conduct feasibility surveys for new

community colleges or for the inclusion of existing

institutions as community colleges and the locating of new

institutions.

(c) (Blank).

(c-5) In collaboration with the community colleges, to

furnish information for State and federal accountability

purposes, promote student and institutional improvement,

and meet research needs.

(d) To cooperate with the community colleges in

collecting and maintaining student characteristics,

enrollment and completion data, faculty and staff

characteristics, financial data, admission standards,

qualification and certification of facilities, and any

other issues facing community colleges.

(e) To enter into contracts with other governmental

agencies and eligible providers, such as local educational

agencies, community-based organizations of demonstrated

effectiveness, volunteer literacy organizations of

demonstrated effectiveness, institutions of higher

education, public and private nonprofit agencies,

libraries, and public housing authorities; to accept

federal funds and to plan with other State agencies when

appropriate for the allocation of such federal funds for

instructional programs and student services including such

funds for adult education and literacy, vocational and

career and technical education, and retraining as may be

allocated by state and federal agencies for the aid of

community colleges. To receive, receipt for, hold in trust,

expend and administer, for all purposes of this Act, funds

and other aid made available by the federal government or

by other agencies public or private, subject to

appropriation by the General Assembly. The changes to this

subdivision (e) made by Public Act 91-830 this amendatory

Act of the 91st General Assembly apply on and after July 1,

2001.

(f) To determine efficient and adequate standards for

community colleges for the physical plant, heating,

lighting, ventilation, sanitation, safety, equipment and

supplies, instruction and teaching, curriculum, library,

operation, maintenance, administration and supervision,

and to grant recognition certificates to community

colleges meeting such standards.

(g) To determine the standards for establishment of

community colleges and the proper location of the site in

relation to existing institutions of higher education

offering academic, occupational and technical training

curricula, possible enrollment, assessed valuation,

industrial, business, agricultural, and other conditions

reflecting educational needs in the area to be served;

however, no community college may be considered as being

recognized nor may the establishment of any community

college be authorized in any district which shall be deemed

inadequate for the maintenance, in accordance with the

desirable standards thus determined, of a community

college offering the basic subjects of general education

and suitable vocational and semiprofessional and technical

curricula.

(h) To approve or disapprove new units of instruction,

research or public service as defined in Section 3-25.1 of

this Act submitted by the boards of trustees of the

respective community college districts of this State. The

State Board may discontinue programs which fail to reflect

the educational needs of the area being served. The

community college district shall be granted 60 days

following the State Board staff recommendation and prior to

the State Board's action to respond to concerns regarding

the program in question. If the State Board acts to abolish

a community college program, the community college

district has a right to appeal the decision in accordance

with administrative rules promulgated by the State Board

under the provisions of the Illinois Administrative

Procedure Act.

(i) To review and approve or disapprove any contract or

agreement that community colleges enter into with any

organization, association, educational institution, or

government agency to provide educational services for

academic credit. The State Board is authorized to monitor

performance under any contract or agreement that is

approved by the State Board. If the State Board does not

approve a particular contract or agreement, the community

college district has a right to appeal the decision in

accordance with administrative rules promulgated by the

State Board under the provisions of the Illinois

Administrative Procedure Act. Nothing in this subdivision

subsection (i) shall be interpreted as applying to

collective bargaining agreements with any labor

organization.

(j) To establish guidelines regarding sabbatical

leaves.

(k) To establish guidelines for the admission into

special, appropriate programs conducted or created by

community colleges for elementary and secondary school

dropouts who have received truant status from the school

districts of this State in compliance with Section 26-14 of

the The School Code.

(l) (Blank).

(m) (Blank).

(n) To create and participate in the conduct and

operation of any corporation, joint venture, partnership,

association, or other organizational entity that has the

power: (i) to acquire land, buildings, and other capital

equipment for the use and benefit of the community colleges

or their students; (ii) to accept gifts and make grants for

the use and benefit of the community colleges or their

students; (iii) to aid in the instruction and education of

students of community colleges; and (iv) to promote

activities to acquaint members of the community with the

facilities of the various community colleges.

(o) On and after July 1, 2001, to ensure the effective

teaching of adults and to prepare them for success in

employment and lifelong learning by administering a

network of providers, programs, and services to provide

adult basic education, adult secondary and high school

equivalency testing education, English as a second

language, and any other instruction designed to prepare

adult students to function successfully in society and to

experience success in postsecondary education and

employment.

(p) On and after July 1, 2001, to supervise the

administration of adult education and literacy programs,

to establish the standards for such courses of instruction

and supervise the administration thereof, to contract with

other State and local agencies and eligible providers of

demonstrated effectiveness, such as local educational

agencies, community-based organizations, volunteer

literacy organizations, institutions of higher education,

public and private nonprofit agencies, libraries, public

housing authorities, and nonprofit non-profit institutions

for the purpose of promoting and establishing classes for

instruction under these programs, to contract with other

State and local agencies to accept and expend

appropriations for educational purposes to reimburse local

eligible providers for the cost of these programs, and to

establish an advisory council consisting of all categories

of eligible providers; agency partners, such as the State

Board of Education, the Department of Human Services, the

Department of Employment Security, the Department of

Commerce and Economic Opportunity, and the Secretary of

State literacy program; and other stakeholders to

identify, deliberate, and make recommendations to the

State Board on adult education policy and priorities. The

State Board shall support statewide geographic

distribution; diversity of eligible providers; and the

adequacy, stability, and predictability of funding so as

not to disrupt or diminish, but rather to enhance, adult

education and literacy services.

(Source: P.A. 99-655, eff. 7-28-16; 100-884, eff. 1-1-19;

revised 10-9-18.)

(110 ILCS 805/3-25.1) (from Ch. 122, par. 103-25.1)

Sec. 3-25.1. To authorize application to the State Board

for the approval of new units of instruction, research, or

public service as defined in this Section and to establish such

new units following approval in accordance with the provisions

of this Act and the Board of Higher Education Act.

The term "new unit of instruction, research, or public

service" includes the establishment of a college, school,

division, institute, department, or other unit including

majors and curricula in any field of instruction, research, or

public service not theretofore included in the program of the

community college, and includes the establishment of any new

branch or campus of the institution. The term shall not include

reasonable and moderate extensions of existing curricula,

research, or public service programs which have a direct

relationship to existing programs; and the State Board may,

under its rulemaking rule making power, define the character of

reasonable and moderate extensions.

(Source: P.A. 100-884, eff. 1-1-19; revised 10-9-18.)

Section 415. The Higher Education Student Assistance Act is

amended by changing Sections 35, 55, 60, and 65.100 as follows:

(110 ILCS 947/35)

Sec. 35. Monetary award program.

(a) The Commission shall, each year, receive and consider

applications for grant assistance under this Section. Subject

to a separate appropriation for such purposes, an applicant is

eligible for a grant under this Section when the Commission

finds that the applicant:

(1) is a resident of this State and a citizen or

permanent resident of the United States; and

(2) in the absence of grant assistance, will be

deterred by financial considerations from completing an

educational program at the qualified institution of his or

her choice.

(b) The Commission shall award renewals only upon the

student's application and upon the Commission's finding that

the applicant:

(1) has remained a student in good standing;

(2) remains a resident of this State; and

(3) is in a financial situation that continues to

warrant assistance.

(c) All grants shall be applicable only to tuition and

necessary fee costs. The Commission shall determine the grant

amount for each student, which shall not exceed the smallest of

the following amounts:

(1) subject to appropriation, $5,468 for fiscal year

2009, $5,968 for fiscal year 2010, and $6,468 for fiscal

year 2011 and each fiscal year thereafter, or such lesser

amount as the Commission finds to be available, during an

academic year;

(2) the amount which equals 2 semesters or 3 quarters

tuition and other necessary fees required generally by the

institution of all full-time undergraduate students; or

(3) such amount as the Commission finds to be

appropriate in view of the applicant's financial

resources.

Subject to appropriation, the maximum grant amount for

students not subject to subdivision (1) of this subsection (c)

must be increased by the same percentage as any increase made

by law to the maximum grant amount under subdivision (1) of

this subsection (c).

"Tuition and other necessary fees" as used in this Section

include the customary charge for instruction and use of

facilities in general, and the additional fixed fees charged

for specified purposes, which are required generally of

nongrant recipients for each academic period for which the

grant applicant actually enrolls, but do not include fees

payable only once or breakage fees and other contingent

deposits which are refundable in whole or in part. The

Commission may prescribe, by rule not inconsistent with this

Section, detailed provisions concerning the computation of

tuition and other necessary fees.

(d) No applicant, including those presently receiving

scholarship assistance under this Act, is eligible for monetary

award program consideration under this Act after receiving a

baccalaureate degree or the equivalent of 135 semester credit

hours of award payments.

(d-5) In this subsection (d-5), "renewing applicant" means

a student attending an institution of higher learning who

received a Monetary Award Program grant during the prior

academic year. Beginning with the processing of applications

for the 2020-2021 academic year, the Commission shall annually

publish a priority deadline date for renewing applicants.

Subject to appropriation, a renewing applicant who files by the

published priority deadline date shall receive a grant if he or

she continues to meet the eligibility requirements under this

Section. A renewing applicant's failure to apply by the

priority deadline date established under this subsection (d-5)

shall not disqualify him or her from receiving a grant if

sufficient funding is available to provide awards after that

date.

(e) The Commission, in determining the number of grants to

be offered, shall take into consideration past experience with

the rate of grant funds unclaimed by recipients. The Commission

shall notify applicants that grant assistance is contingent

upon the availability of appropriated funds.

(e-5) The General Assembly finds and declares that it is an

important purpose of the Monetary Award Program to facilitate

access to college both for students who pursue postsecondary

education immediately following high school and for those who

pursue postsecondary education later in life, particularly

Illinoisans who are dislocated workers with financial need and

who are seeking to improve their economic position through

education. For the 2015-2016 and 2016-2017 academic years, the

Commission shall give additional and specific consideration to

the needs of dislocated workers with the intent of allowing

applicants who are dislocated workers an opportunity to secure

financial assistance even if applying later than the general

pool of applicants. The Commission's consideration shall

include, in determining the number of grants to be offered, an

estimate of the resources needed to serve dislocated workers

who apply after the Commission initially suspends award

announcements for the upcoming regular academic year, but prior

to the beginning of that academic year. For the purposes of

this subsection (e-5), a dislocated worker is defined as in the

federal Workforce Innovation and Opportunity Act.

(f) (Blank).

(g) The Commission shall determine the eligibility of and

make grants to applicants enrolled at qualified for-profit

institutions in accordance with the criteria set forth in this

Section. The eligibility of applicants enrolled at such

for-profit institutions shall be limited as follows:

(1) Beginning with the academic year 1997, only to

eligible first-time freshmen and first-time transfer

students who have attained an associate degree.

(2) Beginning with the academic year 1998, only to

eligible freshmen students, transfer students who have

attained an associate degree, and students who receive a

grant under paragraph (1) for the academic year 1997 and

whose grants are being renewed for the academic year 1998.

(3) Beginning with the academic year 1999, to all

eligible students.

(h) The Commission may adopt rules to implement this

Section.

(Source: P.A. 100-477, eff. 9-8-17; 100-621, eff. 7-20-18;

100-823, eff. 8-13-18; revised 10-10-18.)

(110 ILCS 947/55)

Sec. 55. Police officer or fire officer survivor grant.

Grants shall be provided for any spouse, natural child, legally

adopted child, or child in the legal custody of police officers

and fire officers who are killed or who become a person with a

permanent disability with 90% to 100% disability in the line of

duty while employed by, or in the voluntary service of, this

State or any local public entity in this State. Beneficiaries

need not be Illinois residents at the time of enrollment in

order to receive this grant. With respect to disabled police

and fire officers, children need not to be born, legally

adopted, or in the legal custody of the officer before the

disability occurred in order to receive this grant.

Beneficiaries are entitled to 8 semesters or 12 quarters of

full payment of tuition and mandatory fees at any

State-sponsored Illinois institution of higher learning for

either full or part-time study, or the equivalent of 8

semesters or 12 quarters of payment of tuition and mandatory

fees at the rate established by the Commission for private

institutions in the State of Illinois, provided the recipient

is maintaining satisfactory academic progress. This benefit

may be used for undergraduate or graduate study. The benefits

of this Section shall be administered by and paid out of funds

available to the Commission and shall accrue to the bona fide

applicant without the requirement of demonstrating financial

need to qualify for those benefits.

(Source: P.A. 99-143, eff. 7-27-15; 100-673, eff. 8-3-18;

revised 10-10-18.)

(110 ILCS 947/60)

Sec. 60. Grants for dependents of Department of Corrections

employees who are killed or who become a person with a

permanent disability in the line of duty. Any spouse, natural

child, legally adopted child, or child in the legal custody of

an employee of the Department of Corrections who is assigned to

a security position with the Department with responsibility for

inmates of any correctional institution under the jurisdiction

of the Department and who is killed or who becomes a person

with a permanent disability with 90% to 100% disability in the

line of duty is entitled to 8 semesters or 12 quarters of full

payment of tuition and mandatory fees at any State-supported

Illinois institution of higher learning for either full or

part-time study, or the equivalent of 8 semesters or 12

quarters of payment of tuition and mandatory fees at the rate

established by the Commission for private institutions in the

State of Illinois, provided the recipient is maintaining

satisfactory academic progress. This benefit may be used for

undergraduate or graduate study. Beneficiaries need not be

Illinois residents at the time of enrollment in order to

receive this grant. With respect to disabled employees of the

Department of Corrections, children need not to be born,

legally adopted, or in the legal custody of the employee before

the disability occurred in order to receive this grant. The

benefits of this Section shall be administered by and paid out

of funds available to the Commission and shall accrue to the

bona fide applicant without the requirement of demonstrating

financial need to qualify for those benefits.

(Source: P.A. 99-143, eff. 7-27-15; 100-673, eff. 8-3-18;

revised 10-10-18.)

(110 ILCS 947/65.100)

(Section scheduled to be repealed on October 1, 2024)

Sec. 65.100. AIM HIGH Grant Pilot Program.

(a) The General Assembly makes all of the following

findings:

(1) Both access and affordability are important

aspects of the Illinois Public Agenda for College and

Career Success report.

(2) This State is in the top quartile with respect to

the percentage of family income needed to pay for college.

(3) Research suggests that as loan amounts increase,

rather than an increase in grant amounts, the probability

of college attendance decreases.

(4) There is further research indicating that

socioeconomic status may affect the willingness of

students to use loans to attend college.

(5) Strategic use of tuition discounting can decrease

the amount of loans that students must use to pay for

tuition.

(6) A modest, individually tailored tuition discount

can make the difference in a student choosing to attend

college and enhance college access for low-income and

middle-income families.

(7) Even if the federally calculated financial need for

college attendance is met, the federally determined

Expected Family Contribution can still be a daunting

amount.

(8) This State is the second largest exporter of

students in the country.

(9) When talented Illinois students attend

universities in this State, the State and those

universities benefit.

(10) State universities in other states have adopted

pricing and incentives that allow many Illinois residents

to pay less to attend an out-of-state university than to

remain in this State for college.

(11) Supporting Illinois student attendance at

Illinois public universities can assist in State efforts to

maintain and educate a highly trained workforce.

(12) Modest tuition discounts that are individually

targeted and tailored can result in enhanced revenue for

public universities.

(13) By increasing a public university's capacity to

strategically use tuition discounting, the public

university will be capable of creating enhanced tuition

revenue by increasing enrollment yields.

(b) In this Section:

"Eligible applicant" means a student from any high school

in this State, whether or not recognized by the State Board of

Education, who is engaged in a program of study that in due

course will be completed by the end of the school year and who

meets all of the qualifications and requirements under this

Section.

"Tuition and other necessary fees" includes the customary

charge for instruction and use of facilities in general and the

additional fixed fees charged for specified purposes that are

required generally of non-grant recipients for each academic

period for which the grant applicant actually enrolls, but does

not include fees payable only once or breakage fees and other

contingent deposits that are refundable in whole or in part.

The Commission may adopt, by rule not inconsistent with this

Section, detailed provisions concerning the computation of

tuition and other necessary fees.

(c) Beginning with the 2019-2020 academic year, each public

university may establish a merit-based scholarship pilot

program known as the AIM HIGH Grant Pilot Program. Each year,

the Commission shall receive and consider applications from

public universities under this Section. Subject to

appropriation and any tuition waiver limitation established by

the Board of Higher Education, a public university campus may

award a grant to a student under this Section if it finds that

the applicant meets all of the following criteria:

(1) He or she is a resident of this State and a citizen

or eligible noncitizen of the United States.

(2) He or she files a Free Application for Federal

Student Aid and demonstrates financial need with a

household income no greater than 6 times the poverty

guidelines updated periodically in the Federal Register by

the U.S. Department of Health and Human Services under the

authority of 42 U.S.C. 9902(2).

(3) He or she meets the minimum cumulative grade point

average or ACT or SAT college admissions test score, as

determined by the public university campus.

(4) He or she is enrolled in a public university as an

undergraduate student on a full-time basis.

(5) He or she has not yet received a baccalaureate

degree or the equivalent of 135 semester credit hours.

(6) He or she is not incarcerated.

(7) He or she is not in default on any student loan or

does not owe a refund or repayment on any State or federal

grant or scholarship.

(8) Any other reasonable criteria, as determined by the

public university campus.

(d) Each public university campus shall determine grant

renewal criteria consistent with the requirements under this

Section.

(e) Each participating public university campus shall post

on its Internet website criteria and eligibility requirements

for receiving awards that use funds under this Section that

include includes a range in the sizes of these individual

awards. The criteria and amounts must also be reported to the

Commission and the Board of Higher Education, who shall post

the information on their respective Internet websites.

(f) After enactment of an appropriation for this Program,

the Commission shall determine an allocation of funds to each

public university in an amount proportionate to the number of

undergraduate students who are residents of this State and

citizens or eligible noncitizens of the United States and who

were enrolled at each public university campus in the previous

academic year. All applications must be made to the Commission

on or before a date determined by the Commission and on forms

that the Commission shall provide to each public university

campus. The form of the application and the information

required shall be determined by the Commission and shall

include, without limitation, the total public university

campus funds used to match funds received from the Commission

in the previous academic year under this Section, if any, the

total enrollment of undergraduate students who are residents of

this State from the previous academic year, and any supporting

documents as the Commission deems necessary. Each public

university campus shall match the amount of funds received by

the Commission with financial aid for eligible students.

A public university campus is not required to claim its

entire allocation. The Commission shall make available to all

public universities, on a date determined by the Commission,

any unclaimed funds and the funds must be made available to

those public university campuses in the proportion determined

under this subsection (f), excluding from the calculation those

public university campuses not claiming their full

allocations.

Each public university campus may determine the award

amounts for eligible students on an individual or broad basis,

but, subject to renewal eligibility, each renewed award may not

be less than the amount awarded to the eligible student in his

or her first year attending the public university campus.

Notwithstanding this limitation, a renewal grant may be reduced

due to changes in the student's cost of attendance, including,

but not limited to, if a student reduces the number of credit

hours in which he or she is enrolled, but remains a full-time

student, or switches to a course of study with a lower tuition

rate.

An eligible applicant awarded grant assistance under this

Section is eligible to receive other financial aid. Total grant

aid to the student from all sources may not exceed the total

cost of attendance at the public university campus.

(g) All money allocated to a public university campus under

this Section may be used only for financial aid purposes for

students attending the public university campus during the

academic year, not including summer terms. Any funds received

by a public university campus under this Section that are not

granted to students in the academic year for which the funds

are received must be refunded to the Commission before any new

funds are received by the public university campus for the next

academic year.

(h) Each public university campus that establishes a

Program under this Section must annually report to the

Commission, on or before a date determined by the Commission,

the number of undergraduate students enrolled at that campus

who are residents of this State.

(i) Each public university campus must report to the

Commission the total non-loan financial aid amount given by the

public university campus to undergraduate students in fiscal

year 2018. To be eligible to receive funds under the Program, a

public university campus may not decrease the total amount of

non-loan financial aid for undergraduate students to an amount

lower than the total non-loan financial aid amount given by the

public university campus to undergraduate students in fiscal

year 2018, not including any funds received from the Commission

under this Section or any funds used to match grant awards

under this Section.

(j) On or before a date determined by the Commission, each

public university campus that participates in the Program under

this Section shall annually submit a report to the Commission

with all of the following information:

(1) The Program's impact on tuition revenue and

enrollment goals and increase in access and affordability

at the public university campus.

(2) Total funds received by the public university

campus under the Program.

(3) Total non-loan financial aid awarded to

undergraduate students attending the public university

campus.

(4) Total amount of funds matched by the public

university campus.

(5) Total amount of funds refunded to the Commission by

the public university campus.

(6) The percentage of total financial aid distributed

under the Program by the public university campus.

(7) The total number of students receiving grants from

the public university campus under the Program and those

students' grade level, race, gender, income level, family

size, Monetary Award Program eligibility, Pell Grant

eligibility, and zip code of residence and the amount of

each grant award. This information shall include unit

record data on those students regarding variables

associated with the parameters of the public university's

Program, including, but not limited to, a student's ACT or

SAT college admissions test score, high school or

university cumulative grade point average, or program of

study.

On or before October 1, 2020 and annually on or before

October 1 thereafter, the Commission shall submit a report with

the findings under this subsection (j) and any other

information regarding the AIM HIGH Grant Pilot Program to (i)

the Governor, (ii) the Speaker of the House of Representatives,

(iii) the Minority Leader of the House of Representatives, (iv)

the President of the Senate, and (v) the Minority Leader of the

Senate. The reports to the General Assembly shall be filed with

the Clerk of the House of Representatives and the Secretary of

the Senate in electronic form only, in the manner that the

Clerk and the Secretary shall direct. The Commission's report

may not disaggregate data to a level that may disclose

personally identifying information of individual students.

The sharing and reporting of student data under this

subsection (j) must be in accordance with the requirements

under the federal Family Educational Rights and Privacy Act of

1974 and the Illinois School Student Records Act. All parties

must preserve the confidentiality of the information as

required by law. The names of the grant recipients under this

Section are not subject to disclosure under the Freedom of

Information Act.

Public university campuses that fail to submit a report

under this subsection (j) or that fail to adhere to any other

requirements under this Section may not be eligible for

distribution of funds under the Program for the next academic

year, but may be eligible for distribution of funds for each

academic year thereafter.

(k) The Commission shall adopt rules to implement this

Section.

(l) This Section is repealed on October 1, 2024.

(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18;

revised 10-22-18.)

Section 420. The Illinois Banking Act is amended by

changing Sections 18, 28, and 48.1 as follows:

(205 ILCS 5/18) (from Ch. 17, par. 325)

Sec. 18. Change in control.

(a) Before any person, whether acting directly or

indirectly or through or in concert with one or more persons,

may cause (i) a change to occur in the ownership of outstanding

stock of any State bank, whether by sale and purchase, gift,

bequest or inheritance, or any other means, including the

acquisition of stock of the State bank by any bank holding

company, which will result in control or a change in the

control of the bank, or (ii) a change to occur in the control

of a holding company having control of the outstanding stock of

a State bank whether by sale and purchase, gift, bequest or

inheritance, or any other means, including the acquisition of

stock of such holding company by any other bank holding

company, which will result in control or a change in control of

the bank or holding company, or (iii) a transfer of

substantially all the assets or liabilities of the State bank,

the Secretary shall be of the opinion and find:

(1) that the general character of proposed management

or of the person desiring to purchase substantially all the

assets or to assume substantially all the liabilities of

the State bank, after the change in control, is such as to

assure reasonable promise of successful, safe and sound

operation;

(1.1) that depositors' interests will not be

jeopardized by the purchase or assumption and that adequate

provision has been made for all liabilities as required for

a voluntary liquidation under Section 68 of this Act;

(2) that the future earnings prospects of the person

desiring to purchase substantially all assets or to assume

substantially all the liabilities of the State bank, after

the proposed change in control, are favorable;

(2.5) that the future prospects of the institution will

not jeopardize the financial stability of the bank or

prejudice the interests of the depositors of the bank;

(3) that any prior involvement by the persons proposing

to obtain control, to purchase substantially all the

assets, or to assume substantially all the liabilities of

the State bank or by the proposed management personnel with

any other financial institution, whether as stockholder,

director, officer or customer, was conducted in a safe and

sound manner; and

(4) that if the acquisition is being made by a bank

holding company, the acquisition is authorized under the

Illinois Bank Holding Company Act of 1957.

(b) Any person desiring to purchase control of an existing

State bank, to purchase substantially all the assets, or to

assume substantially all the liabilities of the State bank

shall, prior to that purchase, submit to the Secretary:

(1) a statement of financial worth;

(2) satisfactory evidence that any prior involvement

by the persons and the proposed management personnel with

any other financial institution, whether as stockholder,

director, officer or customer, was conducted in a safe and

sound manner; and

(3) such other relevant information as the Secretary

may request to substantiate the findings under subsection

(a) of this Section.

A person who has submitted information to the Secretary

pursuant to this subsection (b) is under a continuing

obligation until the Secretary takes action on the application

to immediately supplement that information if there are any

material changes in the information previously furnished or if

there are any material changes in any circumstances that may

affect the Secretary's opinion and findings. In addition, a

person submitting information under this subsection shall

notify the Secretary of the date when the change in control is

finally effected.

The Secretary may impose such terms and conditions on the

approval of the change in control application as he deems

necessary or appropriate.

If an applicant, whose application for a change in control

has been approved pursuant to subsection (a) of this Section,

fails to effect the change in control within 180 days after the

date of the Secretary's approval, the Secretary shall revoke

that approval unless a request has been submitted, in writing,

to the Secretary for an extension and the request has been

approved.

(b-1) Any person, whether acting directly or indirectly or

through or in concert with one or more persons, who obtains

ownership of stock of an existing State bank or stock of a

holding company that controls the State bank by gift, bequest,

or inheritance such that ownership of the stock would

constitute control of the State bank or holding company may

obtain title and ownership of the stock, but may not exercise

management or control of the business and affairs of the bank

or vote his or her shares so as to exercise management or

control unless and until the Secretary approves an application

for the change of control as provided in subsection (b) of this

Section.

(b-3) The provisions of this Section do not apply to an

established holding company acquiring control of a State bank

if the transaction is subject to approval under Section 3 of

the federal Bank Holding Company Act, the Federal Deposit

Insurance Act, or the federal Home Owners' Loan Act.

(c) Whenever a State bank makes a loan or loans, secured,

or to be secured, by 25% or more of the outstanding stock of a

State bank, the president or other chief executive officer of

the lending bank shall promptly report such fact to the

Secretary upon obtaining knowledge of such loan or loans,

except that no report need be made in those cases where the

borrower has been the owner of record of the stock for a period

of one year or more, or the stock is that of a newly organized

bank prior to its opening.

(d) The reports required by subsection subsections (b) of

this Section 18, other than those relating to a transfer of

assets or assumption of liabilities, shall contain the

following information to the extent that it is known by the

person making the report: (1) the number of shares involved;

(2) the names of the sellers (or transferors); (3) the names of

the purchasers (or transferees); (4) the names of the

beneficial owners if the shares are registered in another name:

(5) the purchase price, if applicable; (6) the total number of

shares owned by the sellers (or transferors), the purchasers

(or transferees) and the beneficial owners both immediately

before and after the transaction; and, (7) in the case of a

loan, the name of the borrower, the amount of the loan, the

name of the bank issuing the stock securing the loan and the

number of shares securing the loan. In addition to the

foregoing, such reports shall contain such other information

which is requested by the Secretary to inform the Secretary of

the effect of the transaction upon control of the bank whose

stock is involved.

(d-1) The reports required by subsection (b) of this

Section 18 that relate to purchase of assets and assumption of

liabilities shall contain the following information to the

extent that it is known by the person making the report: (1)

the value, amount, and description of the assets transferred;

(2) the amount, type, and to whom each type of liabilities are

owed; (3) the names of the purchasers (or transferees); (4) the

names of the beneficial owners if the shares of a purchaser or

transferee are registered in another name; (5) the purchase

price, if applicable; and, (6) in the case of a loan obtained

to effect a purchase, the name of the borrower, the amount and

terms of the loan, and the description of the assets securing

the loan. In addition to the foregoing, these reports shall

contain any other information that is requested by the

Secretary to inform the Secretary of the effect of the

transaction upon the bank from which assets are purchased or

liabilities are transferred.

(e) Whenever such a change as described in subsection (a)

of this Section 18 occurs, each State bank shall report

promptly to the Secretary any changes or replacement of its

chief executive officer or of any director occurring in the

next 12 month period, including in its report a statement of

the past and current business and professional affiliations of

the new chief executive officer or directors.

(f) (Blank).

(g)(1) Except as otherwise expressly provided in this

subsection (g), the Secretary shall not approve an application

for a change in control if upon consummation of the change in

control the persons applying for the change in control,

including any affiliates of the persons applying, would control

30% or more of the total amount of deposits which are located

in this State at insured depository institutions. For purposes

of this subsection (g), the words "insured depository

institution" shall mean State banks, national banks, and

insured savings associations. For purposes of this subsection

(g), the word "deposits" shall have the meaning ascribed to

that word in Section 3(l) 3(1) of the Federal Deposit Insurance

Act. For purposes of this subsection (g), the total amount of

deposits which are considered to be located in this State at

insured depository institutions shall equal the sum of all

deposits held at the main banking premises and branches in the

State of Illinois of State banks, national banks, or insured

savings associations. For purposes of this subsection (g), the

word "affiliates" shall have the meaning ascribed to that word

in Section 35.2 of this Act.

(2) Notwithstanding the provisions of paragraph (1) of this

subsection, the Secretary may approve an application for a

change in control for a bank that is in default or in danger of

default. Except in those instances in which an application for

a change in control is for a bank that is in default or in

danger of default, the Secretary may not approve a change in

control which does not meet the requirements of paragraph (1)

of this subsection. The Secretary may not waive the provisions

of paragraph (1) of this subsection, whether pursuant to

Section 3(d) of the federal Bank Holding Company Act of 1956 or

Section 44(d) of the Federal Deposit Insurance Act, except as

expressly provided in this paragraph (2) of this subsection.

(h) As used in this Section:

"Control" means the power, directly or indirectly, to

direct the management or policies of the bank or to vote 25% or

more of the outstanding stock of the bank. If there is any

question as to whether a change in control application should

be filed, the question shall be resolved in favor of filing the

application with the Secretary.

"Substantially all" the assets or liabilities of a State

bank means that portion of the assets or liabilities of a State

bank such that their purchase or transfer will materially

impair the ability of the State bank to continue successful,

safe, and sound operations or to continue as a going concern or

would cause the bank to lose its federal deposit insurance.

"Purchase" includes a transfer by gift, bequest,

inheritance, or any other means.

As used in this Section, a person is acting in concert if

that person is acting in concert under federal laws or

regulations.

(Source: P.A. 100-888, eff. 8-14-18; revised 10-18-18.)

(205 ILCS 5/28) (from Ch. 17, par. 335)

Sec. 28. Continuation of corporate entity. A resulting

State bank, national bank or, after May 31, 1997, out-of-state

bank shall be considered the same business and corporate entity

as each merging bank or insured savings association or as the

converting bank or insured savings association with all the

property, rights, powers, duties, and obligations of each

merging bank or of the converting bank or insured savings

association except as affected by the State law in the case of

a resulting State bank or out-of-state bank or by the national

law in the case of a resulting national bank, and by the

charter and by-laws of the resulting bank. A resulting bank

shall be liable for all liabilities of the merging banks,

insured savings association, or converting bank or insured

savings association, and all the rights, franchises and

interests of the merging banks, insured savings association, or

converting bank or insured savings association in and to every

species of property, real, personal, and mixed, and choses

chooses in action thereunto belonging, shall be deemed to be

transferred to and vested in the resulting bank without any

deed or other transfer, and the resulting bank, without any

order or other action on the part of any court or otherwise,

shall hold and enjoy the same and all rights of property,

franchises, and interests, including appointments,

designations, and nominations and all other rights and

interests as trustee, executor, administrator, registrar or

transfer agent of stocks and bonds, guardian, assignee,

receiver, and in every other fiduciary capacity, in the same

manner and to the same extent as was held and enjoyed by the

merging banks, insured savings association, or the converting

bank or insured savings association. Any reference to a merging

or converting bank or a merging or converting insured savings

association in any writing, whether executed or taking effect

before or after the merger or conversion, shall be deemed a

reference to the resulting bank if not inconsistent with the

other provisions of the writing.

(Source: P.A. 89-208, eff. 9-29-95; 89-567, eff. 7-26-96;

revised 10-18-18.)

(205 ILCS 5/48.1) (from Ch. 17, par. 360)

Sec. 48.1. Customer financial records; confidentiality.

(a) For the purpose of this Section, the term "financial

records" means any original, any copy, or any summary of:

(1) a document granting signature authority over a

deposit or account;

(2) a statement, ledger card or other record on any

deposit or account, which shows each transaction in or with

respect to that account;

(3) a check, draft or money order drawn on a bank or

issued and payable by a bank; or

(4) any other item containing information pertaining

to any relationship established in the ordinary course of a

bank's business between a bank and its customer, including

financial statements or other financial information

provided by the customer.

(b) This Section does not prohibit:

(1) The preparation, examination, handling or

maintenance of any financial records by any officer,

employee or agent of a bank having custody of the records,

or the examination of the records by a certified public

accountant engaged by the bank to perform an independent

audit.

(2) The examination of any financial records by, or the

furnishing of financial records by a bank to, any officer,

employee or agent of (i) the Commissioner of Banks and Real

Estate, (ii) after May 31, 1997, a state regulatory

authority authorized to examine a branch of a State bank

located in another state, (iii) the Comptroller of the

Currency, (iv) the Federal Reserve Board, or (v) the

Federal Deposit Insurance Corporation for use solely in the

exercise of his duties as an officer, employee, or agent.

(3) The publication of data furnished from financial

records relating to customers where the data cannot be

identified to any particular customer or account.

(4) The making of reports or returns required under

Chapter 61 of the Internal Revenue Code of 1986.

(5) Furnishing information concerning the dishonor of

any negotiable instrument permitted to be disclosed under

the Uniform Commercial Code.

(6) The exchange in the regular course of business of

(i) credit information between a bank and other banks or

financial institutions or commercial enterprises, directly

or through a consumer reporting agency or (ii) financial

records or information derived from financial records

between a bank and other banks or financial institutions or

commercial enterprises for the purpose of conducting due

diligence pursuant to a purchase or sale involving the bank

or assets or liabilities of the bank.

(7) The furnishing of information to the appropriate

law enforcement authorities where the bank reasonably

believes it has been the victim of a crime.

(8) The furnishing of information under the Revised

Uniform Unclaimed Property Act.

(9) The furnishing of information under the Illinois

Income Tax Act and the Illinois Estate and

Generation-Skipping Transfer Tax Act.

(10) The furnishing of information under the federal

Currency and Foreign Transactions Reporting Act Title 31,

United States Code, Section 1051 et seq.

(11) The furnishing of information under any other

statute that by its terms or by regulations promulgated

thereunder requires the disclosure of financial records

other than by subpoena, summons, warrant, or court order.

(12) The furnishing of information about the existence

of an account of a person to a judgment creditor of that

person who has made a written request for that information.

(13) The exchange in the regular course of business of

information between commonly owned banks in connection

with a transaction authorized under paragraph (23) of

Section 5 and conducted at an affiliate facility.

(14) The furnishing of information in accordance with

the federal Personal Responsibility and Work Opportunity

Reconciliation Act of 1996. Any bank governed by this Act

shall enter into an agreement for data exchanges with a

State agency provided the State agency pays to the bank a

reasonable fee not to exceed its actual cost incurred. A

bank providing information in accordance with this item

shall not be liable to any account holder or other person

for any disclosure of information to a State agency, for

encumbering or surrendering any assets held by the bank in

response to a lien or order to withhold and deliver issued

by a State agency, or for any other action taken pursuant

to this item, including individual or mechanical errors,

provided the action does not constitute gross negligence or

willful misconduct. A bank shall have no obligation to

hold, encumber, or surrender assets until it has been

served with a subpoena, summons, warrant, court or

administrative order, lien, or levy.

(15) The exchange in the regular course of business of

information between a bank and any commonly owned affiliate

of the bank, subject to the provisions of the Financial

Institutions Insurance Sales Law.

(16) The furnishing of information to law enforcement

authorities, the Illinois Department on Aging and its

regional administrative and provider agencies, the

Department of Human Services Office of Inspector General,

or public guardians: (i) upon subpoena by the investigatory

entity or the guardian, or (ii) if there is suspicion by

the bank that a customer who is an elderly person or person

with a disability has been or may become the victim of

financial exploitation. For the purposes of this item (16),

the term: (i) "elderly person" means a person who is 60 or

more years of age, (ii) "disabled person" means a person

who has or reasonably appears to the bank to have a

physical or mental disability that impairs his or her

ability to seek or obtain protection from or prevent

financial exploitation, and (iii) "financial exploitation"

means tortious or illegal use of the assets or resources of

an elderly or disabled person, and includes, without

limitation, misappropriation of the elderly or disabled

person's assets or resources by undue influence, breach of

fiduciary relationship, intimidation, fraud, deception,

extortion, or the use of assets or resources in any manner

contrary to law. A bank or person furnishing information

pursuant to this item (16) shall be entitled to the same

rights and protections as a person furnishing information

under the Adult Protective Services Act and the Illinois

Domestic Violence Act of 1986.

(17) The disclosure of financial records or

information as necessary to effect, administer, or enforce

a transaction requested or authorized by the customer, or

in connection with:

(A) servicing or processing a financial product or

service requested or authorized by the customer;

(B) maintaining or servicing a customer's account

with the bank; or

(C) a proposed or actual securitization or

secondary market sale (including sales of servicing

rights) related to a transaction of a customer.

Nothing in this item (17), however, authorizes the sale

of the financial records or information of a customer

without the consent of the customer.

(18) The disclosure of financial records or

information as necessary to protect against actual or

potential fraud, unauthorized transactions, claims, or

other liability.

(19)(A) (a) The disclosure of financial records or

information related to a private label credit program

between a financial institution and a private label party

in connection with that private label credit program. Such

information is limited to outstanding balance, available

credit, payment and performance and account history,

product references, purchase information, and information

related to the identity of the customer.

(B)(1) For purposes of this paragraph (19) of

subsection (b) of Section 48.1, a "private label credit

program" means a credit program involving a financial

institution and a private label party that is used by a

customer of the financial institution and the private label

party primarily for payment for goods or services sold,

manufactured, or distributed by a private label party.

(2) For purposes of this paragraph (19) of subsection

(b) of Section 48.1, a "private label party" means, with

respect to a private label credit program, any of the

following: a retailer, a merchant, a manufacturer, a trade

group, or any such person's affiliate, subsidiary, member,

agent, or service provider.

(20)(A) (a) The furnishing of financial records of a

customer to the Department to aid the Department's initial

determination or subsequent re-determination of the

customer's eligibility for Medicaid and Medicaid long-term

care benefits for long-term care services, provided that

the bank receives the written consent and authorization of

the customer, which shall:

(1) have the customer's signature notarized;

(2) be signed by at least one witness who certifies

that he or she believes the customer to be of sound

mind and memory;

(3) be tendered to the bank at the earliest

practicable time following its execution,

certification, and notarization;

(4) specifically limit the disclosure of the

customer's financial records to the Department; and

(5) be in substantially the following form:

CUSTOMER CONSENT AND AUTHORIZATION

FOR RELEASE OF FINANCIAL RECORDS

I, ......................................., hereby authorize

(Name of Customer)

.............................................................

(Name of Financial Institution)

.............................................................

(Address of Financial Institution)

to disclose the following financial records:

any and all information concerning my deposit, savings, money

market, certificate of deposit, individual retirement,

retirement plan, 401(k) plan, incentive plan, employee benefit

plan, mutual fund and loan accounts (including, but not limited

to, any indebtedness or obligation for which I am a

co-borrower, co-obligor, guarantor, or surety), and any and all

other accounts in which I have an interest and any other

information regarding me in the possession of the Financial

Institution,

to the Illinois Department of Human Services or the Illinois

Department of Healthcare and Family Services, or both ("the

Department"), for the following purpose(s):

to aid in the initial determination or re-determination by the

State of Illinois of my eligibility for Medicaid long-term care

benefits, pursuant to applicable law.

I understand that this Consent and Authorization may be revoked

by me in writing at any time before my financial records, as

described above, are disclosed, and that this Consent and

Authorization is valid until the Financial Institution

receives my written revocation. This Consent and Authorization

shall constitute valid authorization for the Department

identified above to inspect all such financial records set

forth above, and to request and receive copies of such

financial records from the Financial Institution (subject to

such records search and reproduction reimbursement policies as

the Financial Institution may have in place). An executed copy

of this Consent and Authorization shall be sufficient and as

good as the original and permission is hereby granted to honor

a photostatic or electronic copy of this Consent and

Authorization. Disclosure is strictly limited to the

Department identified above and no other person or entity shall

receive my financial records pursuant to this Consent and

Authorization. By signing this form, I agree to indemnify and

hold the Financial Institution harmless from any and all

claims, demands, and losses, including reasonable attorneys

fees and expenses, arising from or incurred in its reliance on

this Consent and Authorization. As used herein, "Customer"

shall mean "Member" if the Financial Institution is a credit

union.

....................... ......................

(Date) (Signature of Customer)

......................

......................

(Address of Customer)

......................

(Customer's birth date)

(month/day/year)

The undersigned witness certifies that .................,

known to me to be the same person whose name is subscribed as

the customer to the foregoing Consent and Authorization,

appeared before me and the notary public and acknowledged

signing and delivering the instrument as his or her free and

voluntary act for the uses and purposes therein set forth. I

believe him or her to be of sound mind and memory. The

undersigned witness also certifies that the witness is not an

owner, operator, or relative of an owner or operator of a

long-term care facility in which the customer is a patient or

resident.

Dated: ................. ......................

(Signature of Witness)

......................

(Print Name of Witness)

......................

......................

(Address of Witness)

State of Illinois)

) ss.

County of .......)

The undersigned, a notary public in and for the above county

and state, certifies that .........., known to me to be the

same person whose name is subscribed as the customer to the

foregoing Consent and Authorization, appeared before me

together with the witness, .........., in person and

acknowledged signing and delivering the instrument as the free

and voluntary act of the customer for the uses and purposes

therein set forth.

Dated:.......................................................

Notary Public:...............................................

My commission expires:.......................................

(B) (b) In no event shall the bank distribute the

customer's financial records to the long-term care

facility from which the customer seeks initial or

continuing residency or long-term care services.

(C) (c) A bank providing financial records of a

customer in good faith relying on a consent and

authorization executed and tendered in accordance with

this paragraph (20) shall not be liable to the customer or

any other person in relation to the bank's disclosure of

the customer's financial records to the Department. The

customer signing the consent and authorization shall

indemnify and hold the bank harmless that relies in good

faith upon the consent and authorization and incurs a loss

because of such reliance. The bank recovering under this

indemnification provision shall also be entitled to

reasonable attorney's fees and the expenses of recovery.

(D) (d) A bank shall be reimbursed by the customer for

all costs reasonably necessary and directly incurred in

searching for, reproducing, and disclosing a customer's

financial records required or requested to be produced

pursuant to any consent and authorization executed under

this paragraph (20). The requested financial records shall

be delivered to the Department within 10 days after

receiving a properly executed consent and authorization or

at the earliest practicable time thereafter if the

requested records cannot be delivered within 10 days, but

delivery may be delayed until the final reimbursement of

all costs is received by the bank. The bank may honor a

photostatic or electronic copy of a properly executed

consent and authorization.

(E) (e) Nothing in this paragraph (20) shall impair,

abridge, or abrogate the right of a customer to:

(1) directly disclose his or her financial records

to the Department or any other person; or

(2) authorize his or her attorney or duly appointed

agent to request and obtain the customer's financial

records and disclose those financial records to the

Department.

(F) (f) For purposes of this paragraph (20),

"Department" means the Department of Human Services and the

Department of Healthcare and Family Services or any

successor administrative agency of either agency.

(b)(1) For purposes of this paragraph (19) of

subsection (b) of Section 48.1, a "private label credit

program" means a credit program involving a financial

institution and a private label party that is used by a

customer of the financial institution and the private label

party primarily for payment for goods or services sold,

manufactured, or distributed by a private label party.

(2) For purposes of this paragraph (19) of subsection

(b) of Section 48.1, a "private label party" means, with

respect to a private label credit program, any of the

following: a retailer, a merchant, a manufacturer, a trade

group, or any such person's affiliate, subsidiary, member,

agent, or service provider.

(c) Except as otherwise provided by this Act, a bank may

not disclose to any person, except to the customer or his duly

authorized agent, any financial records or financial

information obtained from financial records relating to that

customer of that bank unless:

(1) the customer has authorized disclosure to the

person;

(2) the financial records are disclosed in response to

a lawful subpoena, summons, warrant, citation to discover

assets, or court order which meets the requirements of

subsection (d) of this Section; or

(3) the bank is attempting to collect an obligation

owed to the bank and the bank complies with the provisions

of Section 2I of the Consumer Fraud and Deceptive Business

Practices Act.

(d) A bank shall disclose financial records under paragraph

(2) of subsection (c) of this Section under a lawful subpoena,

summons, warrant, citation to discover assets, or court order

only after the bank mails a copy of the subpoena, summons,

warrant, citation to discover assets, or court order to the

person establishing the relationship with the bank, if living,

and, otherwise his personal representative, if known, at his

last known address by first class mail, postage prepaid, unless

the bank is specifically prohibited from notifying the person

by order of court or by applicable State or federal law. A bank

shall not mail a copy of a subpoena to any person pursuant to

this subsection if the subpoena was issued by a grand jury

under the Statewide Grand Jury Act.

(e) Any officer or employee of a bank who knowingly and

willfully furnishes financial records in violation of this

Section is guilty of a business offense and, upon conviction,

shall be fined not more than $1,000.

(f) Any person who knowingly and willfully induces or

attempts to induce any officer or employee of a bank to

disclose financial records in violation of this Section is

guilty of a business offense and, upon conviction, shall be

fined not more than $1,000.

(g) A bank shall be reimbursed for costs that are

reasonably necessary and that have been directly incurred in

searching for, reproducing, or transporting books, papers,

records, or other data required or requested to be produced

pursuant to a lawful subpoena, summons, warrant, citation to

discover assets, or court order. The Commissioner shall

determine the rates and conditions under which payment may be

made.

(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18;

100-664, eff. 1-1-19; 100-888, eff. 8-14-18; revised

10-22-18.)

Section 425. The Illinois Credit Union Act is amended by

changing Sections 10 and 34 as follows:

(205 ILCS 305/10) (from Ch. 17, par. 4411)

Sec. 10. Credit union records; member financial records.

(1) A credit union shall establish and maintain books,

records, accounting systems and procedures which accurately

reflect its operations and which enable the Department to

readily ascertain the true financial condition of the credit

union and whether it is complying with this Act.

(2) A photostatic or photographic reproduction of any

credit union records shall be admissible as evidence of

transactions with the credit union.

(3)(a) For the purpose of this Section, the term "financial

records" means any original, any copy, or any summary of (1) a

document granting signature authority over an account, (2) a

statement, ledger card or other record on any account which

shows each transaction in or with respect to that account, (3)

a check, draft or money order drawn on a financial institution

or other entity or issued and payable by or through a financial

institution or other entity, or (4) any other item containing

information pertaining to any relationship established in the

ordinary course of business between a credit union and its

member, including financial statements or other financial

information provided by the member.

(b) This Section does not prohibit:

(1) The preparation, examination, handling or

maintenance of any financial records by any officer,

employee or agent of a credit union having custody of such

records, or the examination of such records by a certified

public accountant engaged by the credit union to perform an

independent audit.

(2) The examination of any financial records by or the

furnishing of financial records by a credit union to any

officer, employee or agent of the Department, the National

Credit Union Administration, Federal Reserve board or any

insurer of share accounts for use solely in the exercise of

his duties as an officer, employee or agent.

(3) The publication of data furnished from financial

records relating to members where the data cannot be

identified to any particular customer of account.

(4) The making of reports or returns required under

Chapter 61 of the Internal Revenue Code of 1954.

(5) Furnishing information concerning the dishonor of

any negotiable instrument permitted to be disclosed under

the Uniform Commercial Code.

(6) The exchange in the regular course of business of

(i) credit information between a credit union and other

credit unions or financial institutions or commercial

enterprises, directly or through a consumer reporting

agency or (ii) financial records or information derived

from financial records between a credit union and other

credit unions or financial institutions or commercial

enterprises for the purpose of conducting due diligence

pursuant to a merger or a purchase or sale of assets or

liabilities of the credit union.

(7) The furnishing of information to the appropriate

law enforcement authorities where the credit union

reasonably believes it has been the victim of a crime.

(8) The furnishing of information pursuant to the

Revised Uniform Unclaimed Property Act.

(9) The furnishing of information pursuant to the

Illinois Income Tax Act and the Illinois Estate and

Generation-Skipping Transfer Tax Act.

(10) The furnishing of information pursuant to the

federal "Currency and Foreign Transactions Reporting Act",

Title 31, United States Code, Section 1051 et sequentia.

(11) The furnishing of information pursuant to any

other statute which by its terms or by regulations

promulgated thereunder requires the disclosure of

financial records other than by subpoena, summons, warrant

or court order.

(12) The furnishing of information in accordance with

the federal Personal Responsibility and Work Opportunity

Reconciliation Act of 1996. Any credit union governed by

this Act shall enter into an agreement for data exchanges

with a State agency provided the State agency pays to the

credit union a reasonable fee not to exceed its actual cost

incurred. A credit union providing information in

accordance with this item shall not be liable to any

account holder or other person for any disclosure of

information to a State agency, for encumbering or

surrendering any assets held by the credit union in

response to a lien or order to withhold and deliver issued

by a State agency, or for any other action taken pursuant

to this item, including individual or mechanical errors,

provided the action does not constitute gross negligence or

willful misconduct. A credit union shall have no obligation

to hold, encumber, or surrender assets until it has been

served with a subpoena, summons, warrant, court or

administrative order, lien, or levy.

(13) The furnishing of information to law enforcement

authorities, the Illinois Department on Aging and its

regional administrative and provider agencies, the

Department of Human Services Office of Inspector General,

or public guardians: (i) upon subpoena by the investigatory

entity or the guardian, or (ii) if there is suspicion by

the credit union that a member who is an elderly person or

person with a disability has been or may become the victim

of financial exploitation. For the purposes of this item

(13), the term: (i) "elderly person" means a person who is

60 or more years of age, (ii) "person with a disability"

means a person who has or reasonably appears to the credit

union to have a physical or mental disability that impairs

his or her ability to seek or obtain protection from or

prevent financial exploitation, and (iii) "financial

exploitation" means tortious or illegal use of the assets

or resources of an elderly person or person with a

disability, and includes, without limitation,

misappropriation of the elderly or disabled person's

assets or resources by undue influence, breach of fiduciary

relationship, intimidation, fraud, deception, extortion,

or the use of assets or resources in any manner contrary to

law. A credit union or person furnishing information

pursuant to this item (13) shall be entitled to the same

rights and protections as a person furnishing information

under the Adult Protective Services Act and the Illinois

Domestic Violence Act of 1986.

(14) The disclosure of financial records or

information as necessary to effect, administer, or enforce

a transaction requested or authorized by the member, or in

connection with:

(A) servicing or processing a financial product or

service requested or authorized by the member;

(B) maintaining or servicing a member's account

with the credit union; or

(C) a proposed or actual securitization or

secondary market sale (including sales of servicing

rights) related to a transaction of a member.

Nothing in this item (14), however, authorizes the sale

of the financial records or information of a member without

the consent of the member.

(15) The disclosure of financial records or

information as necessary to protect against or prevent

actual or potential fraud, unauthorized transactions,

claims, or other liability.

(16)(a) The disclosure of financial records or

information related to a private label credit program

between a financial institution and a private label party

in connection with that private label credit program. Such

information is limited to outstanding balance, available

credit, payment and performance and account history,

product references, purchase information, and information

related to the identity of the customer.

(b)(1) For purposes of this item paragraph (16) of

subsection (b) of Section 10, a "private label credit

program" means a credit program involving a financial

institution and a private label party that is used by a

customer of the financial institution and the private label

party primarily for payment for goods or services sold,

manufactured, or distributed by a private label party.

(2) For purposes of this item paragraph (16) of

subsection (b) of Section 10, a "private label party"

means, with respect to a private label credit program, any

of the following: a retailer, a merchant, a manufacturer, a

trade group, or any such person's affiliate, subsidiary,

member, agent, or service provider.

(17)(a) The furnishing of financial records of a member

to the Department to aid the Department's initial

determination or subsequent re-determination of the

member's eligibility for Medicaid and Medicaid long-term

care benefits for long-term care services, provided that

the credit union receives the written consent and

authorization of the member, which shall:

(1) have the member's signature notarized;

(2) be signed by at least one witness who certifies

that he or she believes the member to be of sound mind

and memory;

(3) be tendered to the credit union at the earliest

practicable time following its execution,

certification, and notarization;

(4) specifically limit the disclosure of the

member's financial records to the Department; and

(5) be in substantially the following form:

CUSTOMER CONSENT AND AUTHORIZATION

FOR RELEASE OF FINANCIAL RECORDS

I, ......................................., hereby authorize

(Name of Customer)

.............................................................

(Name of Financial Institution)

.............................................................

(Address of Financial Institution)

to disclose the following financial records:

any and all information concerning my deposit, savings, money

market, certificate of deposit, individual retirement,

retirement plan, 401(k) plan, incentive plan, employee benefit

plan, mutual fund and loan accounts (including, but not limited

to, any indebtedness or obligation for which I am a

co-borrower, co-obligor, guarantor, or surety), and any and all

other accounts in which I have an interest and any other

information regarding me in the possession of the Financial

Institution,

to the Illinois Department of Human Services or the Illinois

Department of Healthcare and Family Services, or both ("the

Department"), for the following purpose(s):

to aid in the initial determination or re-determination by the

State of Illinois of my eligibility for Medicaid long-term care

benefits, pursuant to applicable law.

I understand that this Consent and Authorization may be revoked

by me in writing at any time before my financial records, as

described above, are disclosed, and that this Consent and

Authorization is valid until the Financial Institution

receives my written revocation. This Consent and Authorization

shall constitute valid authorization for the Department

identified above to inspect all such financial records set

forth above, and to request and receive copies of such

financial records from the Financial Institution (subject to

such records search and reproduction reimbursement policies as

the Financial Institution may have in place). An executed copy

of this Consent and Authorization shall be sufficient and as

good as the original and permission is hereby granted to honor

a photostatic or electronic copy of this Consent and

Authorization. Disclosure is strictly limited to the

Department identified above and no other person or entity shall

receive my financial records pursuant to this Consent and

Authorization. By signing this form, I agree to indemnify and

hold the Financial Institution harmless from any and all

claims, demands, and losses, including reasonable attorneys

fees and expenses, arising from or incurred in its reliance on

this Consent and Authorization. As used herein, "Customer"

shall mean "Member" if the Financial Institution is a credit

union.

....................... ......................

(Date) (Signature of Customer)

......................

......................

(Address of Customer)

......................

(Customer's birth date)

(month/day/year)

The undersigned witness certifies that .................,

known to me to be the same person whose name is subscribed as

the customer to the foregoing Consent and Authorization,

appeared before me and the notary public and acknowledged

signing and delivering the instrument as his or her free and

voluntary act for the uses and purposes therein set forth. I

believe him or her to be of sound mind and memory. The

undersigned witness also certifies that the witness is not an

owner, operator, or relative of an owner or operator of a

long-term care facility in which the customer is a patient or

resident.

Dated: ................. ......................

(Signature of Witness)

......................

(Print Name of Witness)

......................

......................

(Address of Witness)

State of Illinois)

) ss.

County of .......)

The undersigned, a notary public in and for the above county

and state, certifies that .........., known to me to be the

same person whose name is subscribed as the customer to the

foregoing Consent and Authorization, appeared before me

together with the witness, .........., in person and

acknowledged signing and delivering the instrument as the free

and voluntary act of the customer for the uses and purposes

therein set forth.

Dated:.......................................................

Notary Public:...............................................

My commission expires:.......................................

(b) In no event shall the credit union distribute the

member's financial records to the long-term care facility

from which the member seeks initial or continuing residency

or long-term care services.

(c) A credit union providing financial records of a

member in good faith relying on a consent and authorization

executed and tendered in accordance with this item

subparagraph (17) shall not be liable to the member or any

other person in relation to the credit union's disclosure

of the member's financial records to the Department. The

member signing the consent and authorization shall

indemnify and hold the credit union harmless that relies in

good faith upon the consent and authorization and incurs a

loss because of such reliance. The credit union recovering

under this indemnification provision shall also be

entitled to reasonable attorney's fees and the expenses of

recovery.

(d) A credit union shall be reimbursed by the member

for all costs reasonably necessary and directly incurred in

searching for, reproducing, and disclosing a member's

financial records required or requested to be produced

pursuant to any consent and authorization executed under

this item subparagraph (17). The requested financial

records shall be delivered to the Department within 10 days

after receiving a properly executed consent and

authorization or at the earliest practicable time

thereafter if the requested records cannot be delivered

within 10 days, but delivery may be delayed until the final

reimbursement of all costs is received by the credit union.

The credit union may honor a photostatic or electronic copy

of a properly executed consent and authorization.

(e) Nothing in this item subparagraph (17) shall

impair, abridge, or abrogate the right of a member to:

(1) directly disclose his or her financial records

to the Department or any other person; or

(2) authorize his or her attorney or duly appointed

agent to request and obtain the member's financial

records and disclose those financial records to the

Department.

(f) For purposes of this item subparagraph (17),

"Department" means the Department of Human Services and the

Department of Healthcare and Family Services or any

successor administrative agency of either agency.

(18) (17) The furnishing of the financial records of a

member to an appropriate law enforcement authority,

without prior notice to or consent of the member, upon

written request of the law enforcement authority, when

reasonable suspicion of an imminent threat to the personal

security and safety of the member exists that necessitates

an expedited release of the member's financial records, as

determined by the law enforcement authority. The law

enforcement authority shall include a brief explanation of

the imminent threat to the member in its written request to

the credit union. The written request shall reflect that it

has been authorized by a supervisory or managerial official

of the law enforcement authority. The decision to furnish

the financial records of a member to a law enforcement

authority shall be made by a supervisory or managerial

official of the credit union. A credit union providing

information in accordance with this item (18) (17) shall

not be liable to the member or any other person for the

disclosure of the information to the law enforcement

authority.

(c) Except as otherwise provided by this Act, a credit

union may not disclose to any person, except to the member or

his duly authorized agent, any financial records relating to

that member of the credit union unless:

(1) the member has authorized disclosure to the person;

(2) the financial records are disclosed in response to

a lawful subpoena, summons, warrant, citation to discover

assets, or court order that meets the requirements of

subparagraph (3)(d) (d) of this Section; or

(3) the credit union is attempting to collect an

obligation owed to the credit union and the credit union

complies with the provisions of Section 2I of the Consumer

Fraud and Deceptive Business Practices Act.

(d) A credit union shall disclose financial records under

item (3)(c)(2) subparagraph (c)(2) of this Section pursuant to

a lawful subpoena, summons, warrant, citation to discover

assets, or court order only after the credit union mails a copy

of the subpoena, summons, warrant, citation to discover assets,

or court order to the person establishing the relationship with

the credit union, if living, and otherwise his personal

representative, if known, at his last known address by first

class mail, postage prepaid unless the credit union is

specifically prohibited from notifying the person by order of

court or by applicable State or federal law. In the case of a

grand jury subpoena, a credit union shall not mail a copy of a

subpoena to any person pursuant to this subsection if the

subpoena was issued by a grand jury under the Statewide Grand

Jury Act or notifying the person would constitute a violation

of the federal Right to Financial Privacy Act of 1978.

(e)(1) Any officer or employee of a credit union who

knowingly and willfully wilfully furnishes financial records

in violation of this Section is guilty of a business offense

and upon conviction thereof shall be fined not more than

$1,000.

(2) Any person who knowingly and willfully wilfully induces

or attempts to induce any officer or employee of a credit union

to disclose financial records in violation of this Section is

guilty of a business offense and upon conviction thereof shall

be fined not more than $1,000.

(f) A credit union shall be reimbursed for costs which are

reasonably necessary and which have been directly incurred in

searching for, reproducing or transporting books, papers,

records or other data of a member required or requested to be

produced pursuant to a lawful subpoena, summons, warrant,

citation to discover assets, or court order. The Secretary and

the Director may determine, by rule, the rates and conditions

under which payment shall be made. Delivery of requested

documents may be delayed until final reimbursement of all costs

is received.

(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18;

100-664, eff. 1-1-19; 100-778, eff. 8-10-18; revised

10-18-18.)

(205 ILCS 305/34) (from Ch. 17, par. 4435)

Sec. 34. Duties of supervisory committee.

(1) The supervisory committee shall make or cause to be

made an annual internal audit of the books and affairs of the

credit union to determine that the credit union's accounting

records and reports are prepared promptly and accurately

reflect operations and results, that internal controls are

established and effectively maintained to safeguard the assets

of the credit union, and that the policies, procedures and

practices established by the board of directors and management

of the credit union are being properly administered. The

supervisory committee shall submit a report of that audit to

the board of directors and a summary of that report to the

members at the next annual meeting of the credit union. It

shall make or cause to be made such supplementary audits as it

deems necessary or as are required by the Secretary or by the

board of directors, and submit reports of these supplementary

audits to the Secretary or board of directors as applicable. If

the supervisory committee has not engaged a licensed certified

public accountant or licensed certified public accounting firm

to make the internal audit, the supervisory committee or other

officials of the credit union shall not indicate or in any

manner imply that such audit has been performed by a licensed

certified public accountant or licensed certified public

accounting firm or that the audit represents the independent

opinion of a licensed certified public accountant or licensed

certified public accounting firm. The supervisory committee

must retain its tapes and working papers of each internal audit

for inspection by the Department. The report of this audit must

be made on a form approved by the Secretary. A copy of the

report must be promptly delivered to the Secretary.

(2) The supervisory committee shall make or cause to be

made at least once each year a reasonable percentage

verification of members' share and loan accounts, consistent

with rules promulgated by the Secretary.

(3) (A) The supervisory committee of a credit union with

assets of $10,000,000 or more shall engage a licensed certified

public accountant or licensed certified public accounting firm

to perform an annual external independent audit of the credit

union's financial statements in accordance with generally

accepted auditing standards and the financial statements shall

be issued in accordance with accounting principles generally

accepted in the United States of America.

(B) The supervisory committee of a credit union with assets

of $5,000,000 or more, but less than $10,000,000, shall engage

a licensed certified public accountant or licensed certified

public accounting firm to perform on an annual basis: (i) an

agreed-upon procedures engagement under attestation standards

established by the American Institute of Certified Public

Accountants to minimally satisfy the supervisory committee

internal audit standards set forth in subsection (1); or (ii)

an external independent audit of the credit union's financial

statements pursuant to the standards set forth in paragraph (A)

of subsection (3).

(C) The external independent audit report or agreed-upon

agreed upon procedures report shall be completed and a copy

thereof delivered to the Secretary no later than 120 days after

the end of the calendar or fiscal year under audit or fiscal

period for which the agreed-upon agreed upon procedures are

performed. A credit union or group of credit unions may obtain

an extension of the due date upon application to and receipt of

written approval from the Secretary.

(D) If the credit union engages a licensed certified public

accountant or licensed certified public accounting firm to

perform an annual external independent audit of the credit

union's financial statements pursuant to the standards in

paragraph (A) of subsection (3) or an annual agreed-upon agreed

upon procedures engagement pursuant to the standards in

paragraph (B) of subsection (3), then the annual internal audit

requirements of subsection (1) shall be deemed satisfied and

met in all respects.

(4) In determining the appropriate balance in the allowance

for loan losses account, a credit union may determine its

historical loss rate using a defined period of time of less

than 5 years, provided that:

(A) the methodology used to determine the defined

period of time is formally documented in the credit union's

policies and procedures and is appropriate to the credit

union's size, business strategy, and loan portfolio

characteristics and the economic environment of the areas

and employers served by the credit union;

(B) supporting documentation is maintained for the

technique used to develop the credit union loss rates,

including the period of time used to accumulate historical

loss data and the factors considered in establishing the

time frames; and

(C) the external auditor conducting the credit union's

financial statement audit has analyzed the methodology

employed by the credit union and concludes that the

financial statements, including the allowance for loan

losses, are fairly stated in all material respects in

accordance with U.S. Generally Accepted Accounting

Principles, as promulgated by the Financial Accounting

Standards Board.

(5) A majority of the members of the supervisory committee

shall constitute a quorum.

(6) On an annual basis commencing January 1, 2015, the

members of the supervisory committee shall receive training

related to their statutory duties. Supervisory committee

members may receive the training through internal credit union

training, external training offered by the credit union's

retained auditors, trade associations, vendors, regulatory

agencies, or any other sources or on-the-job experience, or a

combination of those activities. The training may be received

through any medium, including, but not limited to, conferences,

workshops, audit closing meetings, seminars, teleconferences,

webinars, and other Internet-based delivery channels.

(Source: P.A. 100-778, eff. 8-10-18; revised 10-18-18.)

Section 430. The Corporate Fiduciary Act is amended by

changing Section 6-10 as follows:

(205 ILCS 620/6-10) (from Ch. 17, par. 1556-10)

Sec. 6-10. The receiver for a corporate fiduciary, under

the direction of the Commissioner, shall have the power and

authority and is charged with the duties and responsibilities

as follows:

(1) To take possession of, and for the purpose of the

receivership, the title to the books, records and assets of

every description of the corporate fiduciary.

(2) To proceed to collect all debts, dues and claims

belonging to the corporate fiduciary.

(3) To file with the Commissioner a copy of each report

which he makes to the court, together with such other

reports and records as the Commissioner may require.

(4) The receiver shall have authority to sue and defend

in the receiver's own name and with respect to the affairs,

assets, claims, debts and choses chooses in action of the

corporate fiduciary.

(5) The receiver shall have authority, and it shall be

the receiver's duty, to surrender to the customers of such

corporate fiduciary, when requested in writing directed to

the receiver by such customers, the assets, private papers

and valuables left with the corporate fiduciary for

safekeeping, under a custodial or agency agreement, upon

satisfactory proof of ownership.

(6) As soon as can reasonably be done, the receiver

shall resign on behalf of the corporate fiduciary, all

trusteeships, guardianships, and all appointments as

executor and administrator, or as custodian under the

Illinois Uniform Transfers to Minors Act, as now or

hereafter amended, or as fiduciary under custodial or

agency agreements or under the terms of any other written

agreement or court order whereunder the corporate

fiduciary is holding property in a fiduciary capacity for

the benefit of another person, making in each case, from

the records and documents available to the receiver, a

proper accounting, in the manner and scope as determined by

the Commissioner to be practical and advisable under the

circumstances, on behalf of the corporate fiduciary. The

receiver, prior to resigning, shall cause a successor

trustee or fiduciary to be appointed pursuant to the terms

set forth in the governing instrument or pursuant to the

provisions of the Trusts and Trustees Act, as now or

hereafter amended, if applicable, then the receiver shall

make application to the court having jurisdiction over the

liquidation or winding up of the corporate fiduciary, for

the appointment of a successor. The receiver, if a

corporate fiduciary, shall not be disqualified from acting

as successor trustee or fiduciary if appointed under the

terms of the governing instrument, by court order or by the

customer of the corporate fiduciary whose affairs are being

liquidated or wound up and, in such case, no guardian ad

litem need be appointed to review the accounting of the

receiver unless the beneficiaries or customers of the

corporate fiduciary so request in writing.

(7) The receiver shall have authority to redeem or take

down collateral hypothecated by the corporate fiduciary to

secure its notes and other evidence of indebtedness

whenever the Commissioner deems it to be in the best

interest of the creditors of the corporate fiduciary and

directs the receiver so to do.

(8) Whenever the receiver shall find it necessary in

the receiver's opinion to use and employ money of the

corporate fiduciary, in order to protect fully and benefit

the corporate fiduciary, by the purchase or redemption of

any property, real or personal, in which the corporate

fiduciary may have any rights by reason of any bond,

mortgage, assignment, or other claim thereto, the receiver

may certify the facts together with the receiver's opinions

as to the value of the property involved, and the value of

the equity the corporate fiduciary may have in the property

to the Commissioner, together with a request for the right

and authority to use and employ so much of the money of the

corporate fiduciary as may be necessary to purchase the

property, or to redeem the same from a sale if there was a

sale, and if such request is granted, the receiver may use

so much of the money of the corporate fiduciary as the

Commissioner may have authorized to purchase said property

at such sale.

(9) The receiver shall deposit daily all monies

collected by the receiver in any State or national bank

selected by the Commissioner, who may require (and the bank

so selected may furnish) of such depository satisfactory

securities or satisfactory surety bond for the safekeeping

and prompt payment of the money so deposited. The deposits

shall be made in the name of the Commissioner in trust for

the receiver and be subject to withdrawal upon the

receiver's order or upon the order of such persons as the

Commissioner may designate. Such monies may be deposited

without interest, unless otherwise agreed. However, if any

interest was paid by such depository, it shall accrue to

the benefit of the particular trust or fiduciary account to

which the deposit belongs. Except as otherwise directed by

the Commissioner, notwithstanding any other provision of

this paragraph, the receiver's investment and other powers

shall be those under the governing instrument or under the

Trusts and Trustees Act, as now or hereafter amended, and

shall include the power to pay out income and principal in

accordance with the terms of the governing instrument.

(10) The receiver shall do such things and take such

steps from time to time under the direction and approval of

the Commissioner as may reasonably appear to be necessary

to conserve the corporate fiduciary's assets and secure the

best interests of the creditors of the corporate fiduciary.

(11) The receiver shall record any judgment of

dissolution entered in a dissolution proceeding and

thereupon turn over to the Commissioner a certified copy

thereof, together with all books of accounts and ledgers of

such corporate fiduciary for preservation, as

distinguished from the books of accounts and ledgers of the

corporate fiduciary relating to the assets of the

beneficiaries of such fiduciary relations, all of which

books of accounts and ledgers shall be turned over by the

receiver to the successor trustee or fiduciary.

(12) The receiver may cause all assets of the

beneficiaries of such fiduciary relations to be registered

in the name of the receiver or in the name of the

receiver's nominee.

(13) The receiver shall have a reasonable period of

time in which to review all of the trust accounts,

executorships, administrationships, guardianships, or

other fiduciary relationships, in order to ascertain that

the investments by the corporate fiduciary of the assets of

such trust accounts, executorships, administrationships,

guardianships or other fiduciary relationships comply with

the terms of the governing instrument, the prudent person

rule governing the investment of such funds, or any other

law regulating the investment of such funds.

(14) For its services in administering the trusts and

other fiduciary accounts of the corporate fiduciary during

the period of winding up the affairs of the corporate

fiduciary, the receiver shall be entitled to be reimbursed

for all costs and expenses incurred by the receiver and

shall also be entitled to receive out of the assets of the

individual fiduciary accounts being administered by the

receiver during the period of winding up the affairs of the

corporate fiduciary and prior to the appointment of a

successor trustee or fiduciary, the usual and customary

fees charged by the receiver in the administration of its

own fiduciary accounts or reasonable fees approved by the

Commissioner.

(15) The receiver, during its administration of the

trusts and other fiduciary accounts of the corporate

fiduciary during the winding up of the affairs of the

corporate fiduciary, shall have all of the powers which are

vested in trustees under the terms and provisions of the

Trusts and Trustees Act, as now or hereafter amended.

(16) Upon the appointment of a successor trustee or

fiduciary, the receiver shall deliver to such successor

trustee or fiduciary all of the assets belonging to the

individual trust or fiduciary account as to which the

successor trustee or fiduciary succeeds, and the receiver

shall thereupon be relieved of any further duties or

obligations with respect thereto.

(Source: P.A. 90-655, eff. 7-30-98; revised 10-18-18.)

Section 435. The Residential Mortgage License Act of 1987

is amended by changing Sections 1-3, 1-4, 4-1, and 4-8 as

follows:

(205 ILCS 635/1-3) (from Ch. 17, par. 2321-3)

Sec. 1-3. Necessity for license; scope of Act.

(a) No person, partnership, association, corporation or

other entity shall engage in the business of brokering,

funding, originating, servicing or purchasing of residential

mortgage loans without first obtaining a license from the

Secretary in accordance with the licensing procedure provided

in this Article I and such regulations as may be promulgated by

the Secretary. The licensing provisions of this Section shall

not apply to any entity engaged solely in commercial mortgage

lending or to any person, partnership association, corporation

or other entity exempted pursuant to Section 1-4, subsection

(d), of this Act or in accordance with regulations promulgated

by the Secretary hereunder. No provision of this Act shall

apply to an exempt person or entity as defined in items (1) and

(1.5) of subsection (d) of Section 1-4 of this Act.

Notwithstanding anything to the contrary in the preceding

sentence, an individual acting as a mortgage loan originator

who is not employed by and acting for an entity described in

item (1) of subsection (tt) of Section 1-4 of this Act shall be

subject to the mortgage loan originator licensing requirements

of Article VII of this Act.

Effective January 1, 2011, no provision of this Act shall

apply to an exempt person or entity as defined in item (1.8) of

subsection (d) of Section 1-4 of this Act. Notwithstanding

anything to the contrary in the preceding sentence, an

individual acting as a mortgage loan originator who is not

employed by and acting for an entity described in item (1) of

subsection (tt) of Section 1-4 of this Act shall be subject to

the mortgage loan originator licensing requirements of Article

VII of this Act, and provided that an individual acting as a

mortgage loan originator under item (1.8) of subsection (d) of

Section 1-4 of this Act shall be further subject to a

determination by the U.S. Department of Housing and Urban

Development through final rulemaking or other authorized

agency determination under the federal Secure and Fair

Enforcement for Mortgage Licensing Act of 2008.

(a-1) A person who is exempt from licensure pursuant to

paragraph (ii) of item (1) of subsection (d) of Section 1-4 of

this Act as a federally chartered savings bank that is

registered with the Nationwide Multistate Licensing System and

Registry may apply to the Secretary for an exempt company

registration for the purpose of sponsoring one or more

individuals subject to the mortgage loan originator licensing

requirements of Article VII of this Act. Registration with the

Division of Banking of the Department shall not affect the

exempt status of the applicant.

(1) A mortgage loan originator eligible for licensure

under this subsection shall (A) be covered under an

exclusive written contract with, and originate residential

mortgage loans solely on behalf of, that exempt person; and

(B) hold a current, valid insurance producer license under

Article XXXI of the Illinois Insurance Code.

(2) An exempt person shall: (A) fulfill any reporting

requirements required by the Nationwide Multistate

Licensing System and Registry or the Secretary; (B) provide

a blanket surety bond pursuant to Section 7-12 of this Act

covering the activities of all its sponsored mortgage loan

originators; (C) reasonably supervise the activities of

all its sponsored mortgage loan originators; (D) comply

with all rules and orders (including the averments

contained in Section 2-4 of this Act as applicable to a

non-licensed exempt entity provided for in this Section)

that the Secretary deems necessary to ensure compliance

with the federal SAFE Act; and (E) pay an annual

registration fee established by the Director.

(3) The Secretary may deny an exempt company

registration to an exempt person or fine, suspend, or

revoke an exempt company registration if the Secretary

finds one of the following:

(A) that the exempt person is not a person of

honesty, truthfulness, or good character;

(B) that the exempt person violated any applicable

law, rule, or order;

(C) that the exempt person refused or failed to

furnish, within a reasonable time, any information or

make any report that may be required by the Secretary;

(D) that the exempt person had a final judgment

entered against him or her in a civil action on grounds

of fraud, deceit, or misrepresentation, and the

conduct on which the judgment is based indicates that

it would be contrary to the interest of the public to

permit the exempt person to manage a loan originator;

(E) that the exempt person had an order entered

against him or her involving fraud, deceit, or

misrepresentation by an administrative agency of this

State, the federal government, or any other state or

territory of the United States, and the facts relating

to the order indicate that it would be contrary to the

interest of the public to permit the exempt person to

manage a loan originator;

(F) that the exempt person made a material

misstatement or suppressed or withheld information on

the application for an exempt company registration or

any document required to be filed with the Secretary;

or

(G) that the exempt person violated Section 4-5 of

this Act.

(a-5) An entity that is exempt from licensure pursuant to

item (7) of subsection (d) of Section 1-4 of this Act as an

independent loan processing entity shall annually apply to the

Secretary through the Nationwide Multistate Licensing System

and Registry for an exempt company registration for the purpose

of sponsoring one or more individuals subject to the mortgage

loan originator licensing requirements of Article VII of this

Act. A loan processor who performs clerical or support duties

at the direction of and subject to the supervision and

instruction of a licensed mortgage loan originator sponsored by

an independent loan processing entity shall be exempt from his

or her own licensing as a mortgage loan originator. An

independent loan processing entity shall not be subject to

examination by the Secretary. The Secretary may adopt rules to

implement any provisions necessary for the administration of

this subsection.

(b) No person, partnership, association, corporation, or

other entity except a licensee under this Act or an entity

exempt from licensing pursuant to Section 1-4, subsection (d),

of this Act shall do any business under any name or title, or

circulate or use any advertising or make any representation or

give any information to any person, which indicates or

reasonably implies activity within the scope of this Act.

(c) The Secretary may, through the Attorney General,

request the circuit court of either Cook or Sangamon County to

issue an injunction to restrain any person from violating or

continuing to violate any of the foregoing provisions of this

Section.

(d) When the Secretary has reasonable cause to believe that

any entity which has not submitted an application for licensure

is conducting any of the activities described in subsection (a)

hereof, the Secretary shall have the power to examine all books

and records of the entity and any additional documentation

necessary in order to determine whether such entity should

become licensed under this Act.

(d-1) The Secretary may issue orders against any person if

the Secretary has reasonable cause to believe that an unsafe,

unsound, or unlawful practice has occurred, is occurring, or is

about to occur, if any person has violated, is violating, or is

about to violate any law, rule, or written agreement with the

Secretary, or for the purposes of administering the provisions

of this Act and any rule adopted in accordance with this Act.

(e) Any person, partnership, association, corporation or

other entity who violates any provision of this Section commits

a business offense and shall be fined an amount not to exceed

$25,000. A mortgage loan brokered, funded, originated,

serviced, or purchased by a party who is not licensed under

this Section shall not be held to be invalid solely on the

basis of a violation under this Section. The changes made to

this Section by Public Act 99-113 this amendatory Act of the

99th General Assembly are declarative of existing law.

(f) Each person, partnership, association, corporation or

other entity conducting activities regulated by this Act shall

be issued one license. Each office, place of business or

location at which a residential mortgage licensee conducts any

part of his or her business must be recorded with the Secretary

pursuant to Section 2-8 of this Act.

(g) Licensees under this Act shall solicit, broker, fund,

originate, service and purchase residential mortgage loans

only in conformity with the provisions of this Act and such

rules and regulations as may be promulgated by the Secretary.

(h) This Act applies to all entities doing business in

Illinois as residential mortgage bankers, as defined by "An Act

to provide for the regulation of mortgage bankers", approved

September 15, 1977, as amended, regardless of whether licensed

under that or any prior Act. Any existing residential mortgage

lender or residential mortgage broker in Illinois whether or

not previously licensed, must operate in accordance with this

Act.

(i) This Act is a successor Act to and a continuance of the

regulation of residential mortgage bankers provided in, "An Act

to provide for the regulation of mortgage bankers", approved

September 15, 1977, as amended.

Entities and persons subject to the predecessor Act shall

be subject to this Act from and after its effective date.

(Source: P.A. 99-113, eff. 7-23-15; 100-851, eff. 8-14-18;

100-1153, eff. 12-19-18; revised 1-13-19.)

(205 ILCS 635/1-4)

Sec. 1-4. Definitions. The following words and phrases have

the meanings given to them in this Section:

(a) "Residential real property" or "residential real

estate" shall mean any real property located in Illinois,

upon which is constructed or intended to be constructed a

dwelling. Those terms include a manufactured home as

defined in subdivision (53) of Section 9-102 of the Uniform

Commercial Code which is real property as defined in

Section 5-35 of the Conveyance and Encumbrance of

Manufactured Homes as Real Property and Severance Act.

(b) "Making a residential mortgage loan" or "funding a

residential mortgage loan" shall mean for compensation or

gain, either directly or indirectly, advancing funds or

making a commitment to advance funds to a loan applicant

for a residential mortgage loan.

(c) "Soliciting, processing, placing, or negotiating a

residential mortgage loan" shall mean for compensation or

gain, either directly or indirectly, accepting or offering

to accept an application for a residential mortgage loan,

assisting or offering to assist in the processing of an

application for a residential mortgage loan on behalf of a

borrower, or negotiating or offering to negotiate the terms

or conditions of a residential mortgage loan with a lender

on behalf of a borrower including, but not limited to, the

submission of credit packages for the approval of lenders,

the preparation of residential mortgage loan closing

documents, including a closing in the name of a broker.

(d) "Exempt person or entity" shall mean the following:

(1) (i) Any banking organization or foreign

banking corporation licensed by the Illinois

Commissioner of Banks and Real Estate or the United

States Comptroller of the Currency to transact

business in this State; (ii) any national bank,

federally chartered savings and loan association,

federal savings bank, federal credit union; (iii)

(blank); (iv) any bank, savings and loan association,

savings bank, or credit union organized under the laws

of this or any other state; (v) any Illinois Consumer

Installment Loan Act licensee; (vi) any insurance

company authorized to transact business in this State;

(vii) any entity engaged solely in commercial mortgage

lending; (viii) any service corporation of a savings

and loan association or savings bank organized under

the laws of this State or the service corporation of a

federally chartered savings and loan association or

savings bank having its principal place of business in

this State, other than a service corporation licensed

or entitled to reciprocity under the Real Estate

License Act of 2000; or (ix) any first tier subsidiary

of a bank, the charter of which is issued under the

Illinois Banking Act by the Illinois Commissioner of

Banks and Real Estate, or the first tier subsidiary of

a bank chartered by the United States Comptroller of

the Currency and that has its principal place of

business in this State, provided that the first tier

subsidiary is regularly examined by the Illinois

Commissioner of Banks and Real Estate or the

Comptroller of the Currency, or a consumer compliance

examination is regularly conducted by the Federal

Reserve Board.

(1.5) Any employee of a person or entity mentioned

in item (1) of this subsection, when acting for such

person or entity, or any registered mortgage loan

originator when acting for an entity described in

subsection (tt) of this Section.

(1.8) Any person or entity that does not originate

mortgage loans in the ordinary course of business, but

makes or acquires residential mortgage loans with his

or her own funds for his or her or its own investment

without intent to make, acquire, or resell more than 3

residential mortgage loans in any one calendar year.

(2) (Blank).

(2.1) A bona fide nonprofit organization.

(2.2) An employee of a bona fide nonprofit

organization when acting on behalf of that

organization.

(3) Any person employed by a licensee to assist in

the performance of the residential mortgage licensee's

activities regulated by this Act who is compensated in

any manner by only one licensee.

(4) (Blank).

(5) Any individual, corporation, partnership, or

other entity that originates, services, or brokers

residential mortgage loans, as these activities are

defined in this Act, and who or which receives no

compensation for those activities, subject to the

Commissioner's regulations and the federal Secure and

Fair Enforcement for Mortgage Licensing Act of 2008 and

the rules promulgated under that Act with regard to the

nature and amount of compensation.

(6) (Blank).

(7) Any entity engaged solely in providing loan

processing services through the sponsoring of

individuals acting pursuant to subsection (d) of

Section 7-1A of this Act.

(e) "Licensee" or "residential mortgage licensee"

shall mean a person, partnership, association,

corporation, or any other entity who or which is licensed

pursuant to this Act to engage in the activities regulated

by this Act.

(f) "Mortgage loan" "residential mortgage loan" or

"home mortgage loan" shall mean any loan primarily for

personal, family, or household use that is secured by a

mortgage, deed of trust, or other equivalent consensual

security interest on a dwelling as defined in Section

103(v) of the federal Truth in Lending Act, or residential

real estate upon which is constructed or intended to be

constructed a dwelling.

(g) "Lender" shall mean any person, partnership,

association, corporation, or any other entity who either

lends or invests money in residential mortgage loans.

(h) "Ultimate equitable owner" shall mean a person who,

directly or indirectly, owns or controls an ownership

interest in a corporation, foreign corporation, alien

business organization, trust, or any other form of business

organization regardless of whether the person owns or

controls the ownership interest through one or more persons

or one or more proxies, powers of attorney, nominees,

corporations, associations, partnerships, trusts, joint

stock companies, or other entities or devices, or any

combination thereof.

(i) "Residential mortgage financing transaction" shall

mean the negotiation, acquisition, sale, or arrangement

for or the offer to negotiate, acquire, sell, or arrange

for, a residential mortgage loan or residential mortgage

loan commitment.

(j) "Personal residence address" shall mean a street

address and shall not include a post office box number.

(k) "Residential mortgage loan commitment" shall mean

a contract for residential mortgage loan financing.

(l) "Party to a residential mortgage financing

transaction" shall mean a borrower, lender, or loan broker

in a residential mortgage financing transaction.

(m) "Payments" shall mean payment of all or any of the

following: principal, interest and escrow reserves for

taxes, insurance and other related reserves, and

reimbursement for lender advances.

(n) "Commissioner" shall mean the Commissioner of

Banks and Real Estate, except that, beginning on April 6,

2009 (the effective date of Public Act 95-1047), all

references in this Act to the Commissioner of Banks and

Real Estate are deemed, in appropriate contexts, to be

references to the Secretary of Financial and Professional

Regulation, or his or her designee, including the Director

of the Division of Banking of the Department of Financial

and Professional Regulation.

(n-1) "Director" shall mean the Director of the

Division of Banking of the Department of Financial and

Professional Regulation, except that, beginning on July

31, 2009 (the effective date of Public Act 96-112), all

references in this Act to the Director are deemed, in

appropriate contexts, to be the Secretary of Financial and

Professional Regulation, or his or her designee, including

the Director of the Division of Banking of the Department

of Financial and Professional Regulation.

(o) "Loan brokering", "brokering", or "brokerage

service" shall mean the act of helping to obtain from

another entity, for a borrower, a loan secured by

residential real estate situated in Illinois or assisting a

borrower in obtaining a loan secured by residential real

estate situated in Illinois in return for consideration to

be paid by either the borrower or the lender including, but

not limited to, contracting for the delivery of residential

mortgage loans to a third party lender and soliciting,

processing, placing, or negotiating residential mortgage

loans.

(p) "Loan broker" or "broker" shall mean a person,

partnership, association, corporation, or limited

liability company, other than those persons, partnerships,

associations, corporations, or limited liability companies

exempted from licensing pursuant to Section 1-4,

subsection (d), of this Act, who performs the activities

described in subsections (c), (o), and (yy) of this

Section.

(q) "Servicing" shall mean the collection or

remittance for or the right or obligation to collect or

remit for any lender, noteowner, noteholder, or for a

licensee's own account, of payments, interests, principal,

and trust items such as hazard insurance and taxes on a

residential mortgage loan in accordance with the terms of

the residential mortgage loan; and includes loan payment

follow-up, delinquency loan follow-up, loan analysis and

any notifications to the borrower that are necessary to

enable the borrower to keep the loan current and in good

standing. "Servicing" includes management of third-party

entities acting on behalf of a residential mortgage

licensee for the collection of delinquent payments and the

use by such third-party entities of said licensee's

servicing records or information, including their use in

foreclosure.

(r) "Full service office" shall mean an office,

provided by the licensee and not subleased from the

licensee's employees, and staff in Illinois reasonably

adequate to handle efficiently communications, questions,

and other matters relating to any application for, or an

existing home mortgage secured by residential real estate

situated in Illinois with respect to which the licensee is

brokering, funding originating, purchasing, or servicing.

The management and operation of each full service office

must include observance of good business practices such as

proper signage; adequate, organized, and accurate books

and records; ample phone lines, hours of business, staff

training and supervision, and provision for a mechanism to

resolve consumer inquiries, complaints, and problems. The

Commissioner shall issue regulations with regard to these

requirements and shall include an evaluation of compliance

with this Section in his or her periodic examination of

each licensee.

(s) "Purchasing" shall mean the purchase of

conventional or government-insured mortgage loans secured

by residential real estate situated in Illinois from either

the lender or from the secondary market.

(t) "Borrower" shall mean the person or persons who

seek the services of a loan broker, originator, or lender.

(u) "Originating" shall mean the issuing of

commitments for and funding of residential mortgage loans.

(v) "Loan brokerage agreement" shall mean a written

agreement in which a broker or loan broker agrees to do

either of the following:

(1) obtain a residential mortgage loan for the

borrower or assist the borrower in obtaining a

residential mortgage loan; or

(2) consider making a residential mortgage loan to

the borrower.

(w) "Advertisement" shall mean the attempt by

publication, dissemination, or circulation to induce,

directly or indirectly, any person to enter into a

residential mortgage loan agreement or residential

mortgage loan brokerage agreement relative to a mortgage

secured by residential real estate situated in Illinois.

(x) (Blank).

(y) "Government-insured mortgage loan" shall mean any

mortgage loan made on the security of residential real

estate insured by the Department of Housing and Urban

Development or Farmers Home Loan Administration, or

guaranteed by the Veterans Administration.

(z) "Annual audit" shall mean a certified audit of the

licensee's books and records and systems of internal

control performed by a certified public accountant in

accordance with generally accepted accounting principles

and generally accepted auditing standards.

(aa) "Financial institution" shall mean a savings and

loan association, savings bank, credit union, or a bank

organized under the laws of Illinois or a savings and loan

association, savings bank, credit union or a bank organized

under the laws of the United States and headquartered in

Illinois.

(bb) "Escrow agent" shall mean a third party,

individual or entity charged with the fiduciary obligation

for holding escrow funds on a residential mortgage loan

pending final payout of those funds in accordance with the

terms of the residential mortgage loan.

(cc) "Net worth" shall have the meaning ascribed

thereto in Section 3-5 of this Act.

(dd) "Affiliate" shall mean:

(1) any entity that directly controls or is

controlled by the licensee and any other company that

is directly affecting activities regulated by this Act

that is controlled by the company that controls the

licensee;

(2) any entity:

(A) that is controlled, directly or

indirectly, by a trust or otherwise, by or for the

benefit of shareholders who beneficially or

otherwise control, directly or indirectly, by

trust or otherwise, the licensee or any company

that controls the licensee; or

(B) a majority of the directors or trustees of

which constitute a majority of the persons holding

any such office with the licensee or any company

that controls the licensee;

(3) any company, including a real estate

investment trust, that is sponsored and advised on a

contractual basis by the licensee or any subsidiary or

affiliate of the licensee.

(ee) "First tier subsidiary" shall be defined by

regulation incorporating the comparable definitions used

by the Office of the Comptroller of the Currency and the

Illinois Commissioner of Banks and Real Estate.

(ff) "Gross delinquency rate" means the quotient

determined by dividing (1) the sum of (i) the number of

government-insured residential mortgage loans funded or

purchased by a licensee in the preceding calendar year that

are delinquent and (ii) the number of conventional

residential mortgage loans funded or purchased by the

licensee in the preceding calendar year that are delinquent

by (2) the sum of (i) the number of government-insured

residential mortgage loans funded or purchased by the

licensee in the preceding calendar year and (ii) the number

of conventional residential mortgage loans funded or

purchased by the licensee in the preceding calendar year.

(gg) "Delinquency rate factor" means the factor set by

rule of the Commissioner that is multiplied by the average

gross delinquency rate of licensees, determined annually

for the immediately preceding calendar year, for the

purpose of determining which licensees shall be examined by

the Commissioner pursuant to subsection (b) of Section 4-8

of this Act.

(hh) (Blank).

(ii) "Confidential supervisory information" means any

report of examination, visitation, or investigation

prepared by the Commissioner under this Act, any report of

examination visitation, or investigation prepared by the

state regulatory authority of another state that examines a

licensee, any document or record prepared or obtained in

connection with or relating to any examination,

visitation, or investigation, and any record prepared or

obtained by the Commissioner to the extent that the record

summarizes or contains information derived from any

report, document, or record described in this subsection.

"Confidential supervisory information" does not include

any information or record routinely prepared by a licensee

and maintained in the ordinary course of business or any

information or record that is required to be made publicly

available pursuant to State or federal law or rule.

(jj) "Mortgage loan originator" means an individual

who for compensation or gain or in the expectation of

compensation or gain:

(i) takes a residential mortgage loan application;

or

(ii) offers or negotiates terms of a residential

mortgage loan.

"Mortgage loan originator" includes an individual

engaged in loan modification activities as defined in

subsection (yy) of this Section. A mortgage loan originator

engaged in loan modification activities shall report those

activities to the Department of Financial and Professional

Regulation in the manner provided by the Department;

however, the Department shall not impose a fee for

reporting, nor require any additional qualifications to

engage in those activities beyond those provided pursuant

to this Act for mortgage loan originators.

"Mortgage loan originator" does not include an

individual engaged solely as a loan processor or

underwriter except as otherwise provided in subsection (d)

of Section 7-1A of this Act.

"Mortgage loan originator" does not include a person or

entity that only performs real estate brokerage activities

and is licensed in accordance with the Real Estate License

Act of 2000, unless the person or entity is compensated by

a lender, a mortgage broker, or other mortgage loan

originator, or by any agent of that lender, mortgage

broker, or other mortgage loan originator.

"Mortgage loan originator" does not include a person or

entity solely involved in extensions of credit relating to

timeshare plans, as that term is defined in Section

101(53D) of Title 11, United States Code.

(kk) "Depository institution" has the same meaning as

in Section 3 of the Federal Deposit Insurance Act, and

includes any credit union.

(ll) "Dwelling" means a residential structure or

mobile home which contains one to 4 family housing units,

or individual units of condominiums or cooperatives.

(mm) "Immediate family member" means a spouse, child,

sibling, parent, grandparent, or grandchild, and includes

step-parents, step-children, step-siblings, or adoptive

relationships.

(nn) "Individual" means a natural person.

(oo) "Loan processor or underwriter" means an

individual who performs clerical or support duties as an

employee at the direction of and subject to the supervision

and instruction of a person licensed, or exempt from

licensing, under this Act. "Clerical or support duties"

includes subsequent to the receipt of an application:

(i) the receipt, collection, distribution, and

analysis of information common for the processing or

underwriting of a residential mortgage loan; and

(ii) communicating with a consumer to obtain the

information necessary for the processing or

underwriting of a loan, to the extent that the

communication does not include offering or negotiating

loan rates or terms, or counseling consumers about

residential mortgage loan rates or terms. An

individual engaging solely in loan processor or

underwriter activities shall not represent to the

public, through advertising or other means of

communicating or providing information, including the

use of business cards, stationery, brochures, signs,

rate lists, or other promotional items, that the

individual can or will perform any of the activities of

a mortgage loan originator.

(pp) "Nationwide Multistate Licensing System and

Registry" means a mortgage licensing system developed and

maintained by the Conference of State Bank Supervisors and

the American Association of Residential Mortgage

Regulators for the licensing and registration of licensed

mortgage loan originators.

(qq) "Nontraditional mortgage product" means any

mortgage product other than a 30-year fixed rate mortgage.

(rr) "Person" means a natural person, corporation,

company, limited liability company, partnership, or

association.

(ss) "Real estate brokerage activity" means any

activity that involves offering or providing real estate

brokerage services to the public, including:

(1) acting as a real estate agent or real estate

broker for a buyer, seller, lessor, or lessee of real

property;

(2) bringing together parties interested in the

sale, purchase, lease, rental, or exchange of real

property;

(3) negotiating, on behalf of any party, any

portion of a contract relating to the sale, purchase,

lease, rental, or exchange of real property, other than

in connection with providing financing with respect to

any such transaction;

(4) engaging in any activity for which a person

engaged in the activity is required to be registered or

licensed as a real estate agent or real estate broker

under any applicable law; or

(5) offering to engage in any activity, or act in

any capacity, described in this subsection (ss).

(tt) "Registered mortgage loan originator" means any

individual that:

(1) meets the definition of mortgage loan

originator and is an employee of:

(A) a depository institution;

(B) a subsidiary that is:

(i) owned and controlled by a depository

institution; and

(ii) regulated by a federal banking

agency; or

(C) an institution regulated by the Farm

Credit Administration; and

(2) is registered with, and maintains a unique

identifier through, the Nationwide Multistate

Licensing System and Registry.

(uu) "Unique identifier" means a number or other

identifier assigned by protocols established by the

Nationwide Multistate Licensing System and Registry.

(vv) "Residential mortgage license" means a license

issued pursuant to Section 1-3, 2-2, or 2-6 of this Act.

(ww) "Mortgage loan originator license" means a

license issued pursuant to Section 7-1A, 7-3, or 7-6 of

this Act.

(xx) "Secretary" means the Secretary of the Department

of Financial and Professional Regulation, or a person

authorized by the Secretary or by this Act to act in the

Secretary's stead.

(yy) "Loan modification" means, for compensation or

gain, either directly or indirectly offering or

negotiating on behalf of a borrower or homeowner to adjust

the terms of a residential mortgage loan in a manner not

provided for in the original or previously modified

mortgage loan.

(zz) "Short sale facilitation" means, for compensation

or gain, either directly or indirectly offering or

negotiating on behalf of a borrower or homeowner to

facilitate the sale of residential real estate subject to

one or more residential mortgage loans or debts

constituting liens on the property in which the proceeds

from selling the residential real estate will fall short of

the amount owed and the lien holders are contacted to agree

to release their lien on the residential real estate and

accept less than the full amount owed on the debt.

(aaa) "Bona fide nonprofit organization" means an

organization that is described in Section 501(c)(3) of the

Internal Revenue Code, is exempt from federal income tax

under Section 501(a) of the Internal Revenue Code, does not

operate in a commercial context, and does all of the

following:

(1) Promotes affordable housing or provides home

ownership education or similar services.

(2) Conducts its activities in a manner that serves

public or charitable purposes.

(3) Receives funding and revenue and charges fees

in a manner that does not create an incentive for

itself or its employees to act other than in the best

interests of its clients.

(4) Compensates its employees in a manner that does

not create an incentive for its employees to act other

than in the best interests of its clients.

(5) Provides to, or identifies for, the borrower

residential mortgage loans with terms favorable to the

borrower and comparable to residential mortgage loans

and housing assistance provided under government

housing assistance programs.

The Commissioner may define by rule and regulation any

terms used in this Act for the efficient and clear

administration of this Act.

(Source: P.A. 99-78, eff. 7-20-15; 100-783, eff. 8-10-18;

100-851, eff. 8-14-18; 100-1153, eff. 12-19-18; revised

1-13-19.)

(205 ILCS 635/4-1) (from Ch. 17, par. 2324-1)

Sec. 4-1. Commissioner of Banks and Real Estate; functions,

powers, and duties. The functions, powers, and duties of the

Commissioner of Banks and Real Estate shall include the

following:

(a) to issue or refuse to issue any license as provided

by this Act;

(b) to revoke or suspend for cause any license issued

under this Act;

(c) to keep records of all licenses issued under this

Act;

(d) to receive, consider, investigate, and act upon

complaints made by any person in connection with any

residential mortgage licensee in this State;

(e) (blank);

(f) to prescribe the forms of and receive:

(1) applications for licenses; and

(2) all reports and all books and records required

to be made by any licensee under this Act, including

annual audited financial statements and annual reports

of mortgage activity;

(g) to adopt rules and regulations necessary and proper

for the administration of this Act;

(h) to subpoena documents and witnesses and compel

their attendance and production, to administer oaths, and

to require the production of any books, papers, or other

materials relevant to any inquiry authorized by this Act;

(h-1) to issue orders against any person, if the

Commissioner has reasonable cause to believe that an

unsafe, unsound, or unlawful practice has occurred, is

occurring, or is about to occur, if any person has

violated, is violating, or is about to violate any law,

rule, or written agreement with the Commissioner, or for

the purpose of administering the provisions of this Act and

any rule adopted in accordance with the Act;

(h-2) to address any inquiries to any licensee, or the

officers thereof, in relation to its activities and

conditions, or any other matter connected with its affairs,

and it shall be the duty of any licensee or person so

addressed, to promptly reply in writing to such inquiries.

The Commissioner may also require reports from any licensee

at any time the Commissioner may deem desirable;

(i) to require information with regard to any license

applicant as he or she may deem desirable, with due regard

to the paramount interests of the public as to the

experience, background, honesty, truthfulness, integrity,

and competency of the license applicant as to financial

transactions involving primary or subordinate mortgage

financing, and where the license applicant is an entity

other than an individual, as to the honesty, truthfulness,

integrity, and competency of any officer or director of the

corporation, association, or other entity, or the members

of a partnership;

(j) to examine the books and records of every licensee

under this Act at intervals as specified in Section 4-2;

(k) to enforce provisions of this Act;

(l) to levy fees, fines, and charges for services

performed in administering this Act; the aggregate of all

fees collected by the Commissioner on and after the

effective date of this Act shall be paid promptly after

receipt of the same, accompanied by a detailed statement

thereof, into the Residential Finance Regulatory Fund

under Section 4-1.5 of this Act; the amounts deposited into

that Fund shall be used for the ordinary and contingent

expenses of the Office of Banks and Real Estate. Nothing in

this Act shall prevent continuing the practice of paying

expenses involving salaries, retirement, social security,

and State-paid insurance of State officers by

appropriation from the General Revenue Fund.

(m) to appoint examiners, supervisors, experts, and

special assistants as needed to effectively and

efficiently administer this Act;

(n) to conduct hearings for the purpose of:

(1) appeals of orders of the Commissioner;

(2) suspensions or revocations of licenses, or

fining of licensees;

(3) investigating:

(i) complaints against licensees; or

(ii) annual gross delinquency rates; and

(4) carrying out the purposes of this Act;

(o) to exercise exclusive visitorial power over a

licensee unless otherwise authorized by this Act or as

vested in the courts, or upon prior consultation with the

Commissioner, a foreign residential mortgage regulator

with an appropriate supervisory interest in the parent or

affiliate of a licensee;

(p) to enter into cooperative agreements with state

regulatory authorities of other states to provide for

examination of corporate offices or branches of those

states and to accept reports of such examinations;

(q) to assign an examiner or examiners to monitor the

affairs of a licensee with whatever frequency the

Commissioner determines appropriate and to charge the

licensee for reasonable and necessary expenses of the

Commissioner, if in the opinion of the Commissioner an

emergency exists or appears likely to occur;

(r) to impose civil penalties of up to $50 per day

against a licensee for failing to respond to a regulatory

request or reporting requirement; and

(s) to enter into agreements in connection with the

Nationwide Multistate Licensing System and Registry.

(Source: P.A. 100-783, eff. 8-10-18; 100-1153, eff. 12-19-18;

revised 1-13-19.)

(205 ILCS 635/4-8) (from Ch. 17, par. 2324-8)

Sec. 4-8. Delinquency; examination.

(a) (Blank).

(b) The Secretary shall conduct as part of an examination

of each licensee a review of the licensee's loan delinquency

data.

This subsection shall not be construed as a limitation of

the Secretary's examination authority under Section 4-2 of this

Act or as otherwise provided in this Act. The Secretary may

require a licensee to provide loan delinquency data as the

Secretary deems necessary for the proper enforcement of the

Act.

(c) The purpose of the examination under subsection (b)

shall be to determine whether the loan delinquency data of the

licensee has resulted from practices which deviate from sound

and accepted mortgage underwriting practices, including, but

not limited to, credit fraud, appraisal fraud, and property

inspection fraud. For the purpose of conducting this

examination, the Secretary may accept materials prepared for

the U.S. Department of Housing and Urban Development. Secretary

(d) The Secretary, at his or her discretion, may hold

public hearings. Such testimony shall be by a homeowner or

mortgagor or his agent, whose residential interest is affected

by the activities of the residential mortgage licensee subject

to such hearing. At such public hearing, a witness may present

testimony on his or her behalf concerning only his or her home,

or home mortgage, or a witness may authorize a third party to

appear on his or her behalf. The testimony shall be restricted

to information and comments related to a specific residence or

specific residential mortgage application or applications for

a residential mortgage or residential loan transaction. The

testimony must be preceded by either a letter of complaint or a

completed consumer complaint form prescribed by the Secretary.

(e) The Secretary shall, at the conclusion of the public

hearings, release his or her findings and shall also make

public any action taken with respect to the licensee. The

Secretary shall also give full consideration to the findings of

this examination whenever reapplication is made by the licensee

for a new license under this Act.

(f) A licensee that is examined pursuant to subsection (b)

shall submit to the Secretary a plan which shall be designed to

reduce that licensee's loan delinquencies. The plan shall be

implemented by the licensee as approved by the Secretary. A

licensee that is examined pursuant to subsection (b) shall

report monthly, for a one year period, one, 2, and 3 month loan

delinquencies.

(g) Whenever the Secretary finds that a licensee's loan

delinquencies on insured mortgages is unusually high within a

particular geographic area, he or she shall require that

licensee to submit such information as is necessary to

determine whether that licensee's practices have constituted

credit fraud, appraisal fraud or property inspection fraud. The

Secretary shall promulgate such rules as are necessary to

determine whether any licensee's loan delinquencies are

unusually high within a particular area.

(Source: P.A. 99-15, eff. 1-1-16; 100-783, eff. 8-10-18;

100-1153, eff. 12-19-18; revised 1-13-19.)

Section 440. The Specialized Mental Health Rehabilitation

Act of 2013 is amended by setting forth, renumbering, and

changing multiple versions of Sections 5-104 as follows:

(210 ILCS 49/5-104)

Sec. 5-104. Medicaid rates. Notwithstanding any provision

of law to the contrary, the Medicaid rates for Specialized

Mental Health Rehabilitation Facilities effective on July 1,

2018 must be equal to the rates in effect for Specialized

Mental Health Rehabilitation Facilities on June 30, 2018,

increased by 4%. The Department shall adopt rules, including

emergency rules under subsection (bb) of Section 5-45 of the

Illinois Administrative Procedure Act, to implement the

provisions of this Section.

(Source: P.A. 100-587, eff. 6-4-18.)

(210 ILCS 49/5-106)

Sec. 5-106 5-104. Therapeutic visit rates. For a facility

licensed under this Act by June 1, 2018 or provisionally

licensed under this Act by June 1, 2018, a payment shall be

made for therapeutic visits that have been indicated by an

interdisciplinary team as therapeutically beneficial. Payment

under this Section shall be at a rate of 75% of the facility's

rate on July 27, 2018 (the effective date of Public Act

100-646) this amendatory Act of the 100th General Assembly and

may not exceed 20 days in a fiscal year and shall not exceed 10

days consecutively.

(Source: P.A. 100-646, eff. 7-27-18; revised 10-22-18.)

Section 445. The Emergency Medical Services (EMS) Systems

Act is amended by changing Sections 3.5 and 3.50 as follows:

(210 ILCS 50/3.5)

(Text of Section before amendment by P.A. 100-1082)

Sec. 3.5. Definitions. As used in this Act:

"Clinical observation" means the ongoing on-going

observation of a patient's condition by a licensed health care

professional utilizing a medical skill set while continuing

assessment and care.

"Department" means the Illinois Department of Public

Health.

"Director" means the Director of the Illinois Department of

Public Health.

"Emergency" means a medical condition of recent onset and

severity that would lead a prudent layperson, possessing an

average knowledge of medicine and health, to believe that

urgent or unscheduled medical care is required.

"Emergency Medical Services personnel" or "EMS personnel"

means persons licensed as an Emergency Medical Responder (EMR)

(First Responder), Emergency Medical Dispatcher (EMD),

Emergency Medical Technician (EMT), Emergency Medical

Technician-Intermediate (EMT-I), Advanced Emergency Medical

Technician (A-EMT), Paramedic (EMT-P), Emergency

Communications Registered Nurse (ECRN), or Pre-Hospital

Registered Nurse (PHRN).

"Health care facility" means a hospital, nursing home,

physician's office or other fixed location at which medical and

health care services are performed. It does not include

"pre-hospital emergency care settings" which utilize EMS

personnel to render pre-hospital emergency care prior to the

arrival of a transport vehicle, as defined in this Act.

"Hospital" has the meaning ascribed to that term in the

Hospital Licensing Act.

"Medical monitoring" means the performance of medical

tests and physical exams to evaluate an individual's ongoing

on-going exposure to a factor that could negatively impact that

person's health. "Medical monitoring" includes close

surveillance or supervision of patients liable to suffer

deterioration in physical or mental health and checks of

various parameters such as pulse rate, temperature,

respiration rate, the condition of the pupils, the level of

consciousness and awareness, the degree of appreciation of

pain, and blood gas concentrations such as oxygen and carbon

dioxide.

"Trauma" means any significant injury which involves

single or multiple organ systems.

(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17;

revised 10-4-18.)

(Text of Section after amendment by P.A. 100-1082)

Sec. 3.5. Definitions. As used in this Act:

"Clinical observation" means the ongoing on-going

observation of a patient's condition by a licensed health care

professional utilizing a medical skill set while continuing

assessment and care.

"Department" means the Illinois Department of Public

Health.

"Director" means the Director of the Illinois Department of

Public Health.

"Emergency" means a medical condition of recent onset and

severity that would lead a prudent layperson, possessing an

average knowledge of medicine and health, to believe that

urgent or unscheduled medical care is required.

"Emergency Medical Services personnel" or "EMS personnel"

means persons licensed as an Emergency Medical Responder (EMR)

(First Responder), Emergency Medical Dispatcher (EMD),

Emergency Medical Technician (EMT), Emergency Medical

Technician-Intermediate (EMT-I), Advanced Emergency Medical

Technician (A-EMT), Paramedic (EMT-P), Emergency

Communications Registered Nurse (ECRN), or Pre-Hospital

Registered Nurse (PHRN), Pre-Hospital Advanced Practice

Registered Nurse (PHAPRN), or Pre-Hospital Physician Assistant

(PHPA).

"Health care facility" means a hospital, nursing home,

physician's office or other fixed location at which medical and

health care services are performed. It does not include

"pre-hospital emergency care settings" which utilize EMS

personnel to render pre-hospital emergency care prior to the

arrival of a transport vehicle, as defined in this Act.

"Hospital" has the meaning ascribed to that term in the

Hospital Licensing Act.

"Medical monitoring" means the performance of medical

tests and physical exams to evaluate an individual's ongoing

on-going exposure to a factor that could negatively impact that

person's health. "Medical monitoring" includes close

surveillance or supervision of patients liable to suffer

deterioration in physical or mental health and checks of

various parameters such as pulse rate, temperature,

respiration rate, the condition of the pupils, the level of

consciousness and awareness, the degree of appreciation of

pain, and blood gas concentrations such as oxygen and carbon

dioxide.

"Trauma" means any significant injury which involves

single or multiple organ systems.

(Source: P.A. 99-661, eff. 1-1-17; 100-1082, eff. 8-24-19;

revised 10-4-18.)

(210 ILCS 50/3.50)

(Text of Section before amendment by P.A. 100-1082)

Sec. 3.50. Emergency Medical Services personnel licensure

levels.

(a) "Emergency Medical Technician" or "EMT" means a person

who has successfully completed a course in basic life support

as approved by the Department, is currently licensed by the

Department in accordance with standards prescribed by this Act

and rules adopted by the Department pursuant to this Act, and

practices within an EMS System. A valid Emergency Medical

Technician-Basic (EMT-B) license issued under this Act shall

continue to be valid and shall be recognized as an Emergency

Medical Technician (EMT) license until the Emergency Medical

Technician-Basic (EMT-B) license expires.

(b) "Emergency Medical Technician-Intermediate" or "EMT-I"

means a person who has successfully completed a course in

intermediate life support as approved by the Department, is

currently licensed by the Department in accordance with

standards prescribed by this Act and rules adopted by the

Department pursuant to this Act, and practices within an

Intermediate or Advanced Life Support EMS System.

(b-5) "Advanced Emergency Medical Technician" or "A-EMT"

means a person who has successfully completed a course in basic

and limited advanced emergency medical care as approved by the

Department, is currently licensed by the Department in

accordance with standards prescribed by this Act and rules

adopted by the Department pursuant to this Act, and practices

within an Intermediate or Advanced Life Support EMS System.

(c) "Paramedic (EMT-P)" means a person who has successfully

completed a course in advanced life support care as approved by

the Department, is licensed by the Department in accordance

with standards prescribed by this Act and rules adopted by the

Department pursuant to this Act, and practices within an

Advanced Life Support EMS System. A valid Emergency Medical

Technician-Paramedic (EMT-P) license issued under this Act

shall continue to be valid and shall be recognized as a

Paramedic license until the Emergency Medical

Technician-Paramedic (EMT-P) license expires.

(c-5) "Emergency Medical Responder" or "EMR (First

Responder)" means a person who has successfully completed a

course in emergency medical response as approved by the

Department and provides emergency medical response services

prior to the arrival of an ambulance or specialized emergency

medical services vehicle, in accordance with the level of care

established by the National EMS Educational Standards

Emergency Medical Responder course as modified by the

Department. An Emergency Medical Responder who provides

services as part of an EMS System response plan shall comply

with the applicable sections of the Program Plan, as approved

by the Department, of that EMS System. The Department shall

have the authority to adopt rules governing the curriculum,

practice, and necessary equipment applicable to Emergency

Medical Responders.

On August 15, 2014 (the effective date of Public Act

98-973) this amendatory Act of the 98th General Assembly, a

person who is licensed by the Department as a First Responder

and has completed a Department-approved course in first

responder defibrillator training based on, or equivalent to,

the National EMS Educational Standards or other standards

previously recognized by the Department shall be eligible for

licensure as an Emergency Medical Responder upon meeting the

licensure requirements and submitting an application to the

Department. A valid First Responder license issued under this

Act shall continue to be valid and shall be recognized as an

Emergency Medical Responder license until the First Responder

license expires.

(c-10) All EMS Systems and licensees shall be fully

compliant with the National EMS Education Standards, as

modified by the Department in administrative rules, within 24

months after the adoption of the administrative rules.

(d) The Department shall have the authority and

responsibility to:

(1) Prescribe education and training requirements,

which includes training in the use of epinephrine, for all

levels of EMS personnel except for EMRs, based on the

National EMS Educational Standards and any modifications

to those curricula specified by the Department through

rules adopted pursuant to this Act.

(2) Prescribe licensure testing requirements for all

levels of EMS personnel, which shall include a requirement

that all phases of instruction, training, and field

experience be completed before taking the appropriate

licensure examination. Candidates may elect to take the

appropriate National Registry examination in lieu of the

Department's examination, but are responsible for making

their own arrangements for taking the National Registry

examination. In prescribing licensure testing requirements

for honorably discharged members of the armed forces of the

United States under this paragraph (2), the Department

shall ensure that a candidate's military emergency medical

training, emergency medical curriculum completed, and

clinical experience, as described in paragraph (2.5), are

recognized.

(2.5) Review applications for EMS personnel licensure

from honorably discharged members of the armed forces of

the United States with military emergency medical

training. Applications shall be filed with the Department

within one year after military discharge and shall contain:

(i) proof of successful completion of military emergency

medical training; (ii) a detailed description of the

emergency medical curriculum completed; and (iii) a

detailed description of the applicant's clinical

experience. The Department may request additional and

clarifying information. The Department shall evaluate the

application, including the applicant's training and

experience, consistent with the standards set forth under

subsections (a), (b), (c), and (d) of Section 3.10. If the

application clearly demonstrates that the training and

experience meets such standards, the Department shall

offer the applicant the opportunity to successfully

complete a Department-approved EMS personnel examination

for the level of license for which the applicant is

qualified. Upon passage of an examination, the Department

shall issue a license, which shall be subject to all

provisions of this Act that are otherwise applicable to the

level of EMS personnel license issued.

(3) License individuals as an EMR, EMT, EMT-I, A-EMT,

or Paramedic who have met the Department's education,

training and examination requirements.

(4) Prescribe annual continuing education and

relicensure requirements for all EMS personnel licensure

levels.

(5) Relicense individuals as an EMD, EMR, EMT, EMT-I,

A-EMT, or Paramedic every 4 years, based on their

compliance with continuing education and relicensure

requirements as required by the Department pursuant to this

Act. Every 4 years, a Paramedic shall have 100 hours of

approved continuing education, an EMT-I and an advanced EMT

shall have 80 hours of approved continuing education, and

an EMT shall have 60 hours of approved continuing

education. An Illinois licensed EMR, EMD, EMT, EMT-I,

A-EMT, Paramedic, ECRN, or PHRN whose license has been

expired for less than 36 months may apply for reinstatement

by the Department. Reinstatement shall require that the

applicant (i) submit satisfactory proof of completion of

continuing medical education and clinical requirements to

be prescribed by the Department in an administrative rule;

(ii) submit a positive recommendation from an Illinois EMS

Medical Director attesting to the applicant's

qualifications for retesting; and (iii) pass a Department

approved test for the level of EMS personnel license sought

to be reinstated.

(6) Grant inactive status to any EMR, EMD, EMT, EMT-I,

A-EMT, Paramedic, ECRN, or PHRN who qualifies, based on

standards and procedures established by the Department in

rules adopted pursuant to this Act.

(7) Charge a fee for EMS personnel examination,

licensure, and license renewal.

(8) Suspend, revoke, or refuse to issue or renew the

license of any licensee, after an opportunity for an

impartial hearing before a neutral administrative law

judge appointed by the Director, where the preponderance of

the evidence shows one or more of the following:

(A) The licensee has not met continuing education

or relicensure requirements as prescribed by the

Department;

(B) The licensee has failed to maintain

proficiency in the level of skills for which he or she

is licensed;

(C) The licensee, during the provision of medical

services, engaged in dishonorable, unethical, or

unprofessional conduct of a character likely to

deceive, defraud, or harm the public;

(D) The licensee has failed to maintain or has

violated standards of performance and conduct as

prescribed by the Department in rules adopted pursuant

to this Act or his or her EMS System's Program Plan;

(E) The licensee is physically impaired to the

extent that he or she cannot physically perform the

skills and functions for which he or she is licensed,

as verified by a physician, unless the person is on

inactive status pursuant to Department regulations;

(F) The licensee is mentally impaired to the extent

that he or she cannot exercise the appropriate

judgment, skill and safety for performing the

functions for which he or she is licensed, as verified

by a physician, unless the person is on inactive status

pursuant to Department regulations;

(G) The licensee has violated this Act or any rule

adopted by the Department pursuant to this Act; or

(H) The licensee has been convicted (or entered a

plea of guilty or nolo-contendere) by a court of

competent jurisdiction of a Class X, Class 1, or Class

2 felony in this State or an out-of-state equivalent

offense.

(9) Prescribe education and training requirements in

the administration and use of opioid antagonists for all

levels of EMS personnel based on the National EMS

Educational Standards and any modifications to those

curricula specified by the Department through rules

adopted pursuant to this Act.

(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or

PHRN who is a member of the Illinois National Guard or an

Illinois State Trooper or who exclusively serves as a volunteer

for units of local government with a population base of less

than 5,000 or as a volunteer for a not-for-profit organization

that serves a service area with a population base of less than

5,000 may submit an application to the Department for a waiver

of the fees described under paragraph (7) of subsection (d) of

this Section on a form prescribed by the Department.

The education requirements prescribed by the Department

under this Section must allow for the suspension of those

requirements in the case of a member of the armed services or

reserve forces of the United States or a member of the Illinois

National Guard who is on active duty pursuant to an executive

order of the President of the United States, an act of the

Congress of the United States, or an order of the Governor at

the time that the member would otherwise be required to fulfill

a particular education requirement. Such a person must fulfill

the education requirement within 6 months after his or her

release from active duty.

(e) In the event that any rule of the Department or an EMS

Medical Director that requires testing for drug use as a

condition of the applicable EMS personnel license conflicts

with or duplicates a provision of a collective bargaining

agreement that requires testing for drug use, that rule shall

not apply to any person covered by the collective bargaining

agreement.

(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973,

eff. 8-15-14; 99-480, eff. 9-9-15; revised 10-4-18.)

(Text of Section after amendment by P.A. 100-1082)

Sec. 3.50. Emergency Medical Services personnel licensure

levels.

(a) "Emergency Medical Technician" or "EMT" means a person

who has successfully completed a course in basic life support

as approved by the Department, is currently licensed by the

Department in accordance with standards prescribed by this Act

and rules adopted by the Department pursuant to this Act, and

practices within an EMS System. A valid Emergency Medical

Technician-Basic (EMT-B) license issued under this Act shall

continue to be valid and shall be recognized as an Emergency

Medical Technician (EMT) license until the Emergency Medical

Technician-Basic (EMT-B) license expires.

(b) "Emergency Medical Technician-Intermediate" or "EMT-I"

means a person who has successfully completed a course in

intermediate life support as approved by the Department, is

currently licensed by the Department in accordance with

standards prescribed by this Act and rules adopted by the

Department pursuant to this Act, and practices within an

Intermediate or Advanced Life Support EMS System.

(b-5) "Advanced Emergency Medical Technician" or "A-EMT"

means a person who has successfully completed a course in basic

and limited advanced emergency medical care as approved by the

Department, is currently licensed by the Department in

accordance with standards prescribed by this Act and rules

adopted by the Department pursuant to this Act, and practices

within an Intermediate or Advanced Life Support EMS System.

(c) "Paramedic (EMT-P)" means a person who has successfully

completed a course in advanced life support care as approved by

the Department, is licensed by the Department in accordance

with standards prescribed by this Act and rules adopted by the

Department pursuant to this Act, and practices within an

Advanced Life Support EMS System. A valid Emergency Medical

Technician-Paramedic (EMT-P) license issued under this Act

shall continue to be valid and shall be recognized as a

Paramedic license until the Emergency Medical

Technician-Paramedic (EMT-P) license expires.

(c-5) "Emergency Medical Responder" or "EMR (First

Responder)" means a person who has successfully completed a

course in emergency medical response as approved by the

Department and provides emergency medical response services

prior to the arrival of an ambulance or specialized emergency

medical services vehicle, in accordance with the level of care

established by the National EMS Educational Standards

Emergency Medical Responder course as modified by the

Department. An Emergency Medical Responder who provides

services as part of an EMS System response plan shall comply

with the applicable sections of the Program Plan, as approved

by the Department, of that EMS System. The Department shall

have the authority to adopt rules governing the curriculum,

practice, and necessary equipment applicable to Emergency

Medical Responders.

On August 15, 2014 (the effective date of Public Act

98-973) this amendatory Act of the 98th General Assembly, a

person who is licensed by the Department as a First Responder

and has completed a Department-approved course in first

responder defibrillator training based on, or equivalent to,

the National EMS Educational Standards or other standards

previously recognized by the Department shall be eligible for

licensure as an Emergency Medical Responder upon meeting the

licensure requirements and submitting an application to the

Department. A valid First Responder license issued under this

Act shall continue to be valid and shall be recognized as an

Emergency Medical Responder license until the First Responder

license expires.

(c-10) All EMS Systems and licensees shall be fully

compliant with the National EMS Education Standards, as

modified by the Department in administrative rules, within 24

months after the adoption of the administrative rules.

(d) The Department shall have the authority and

responsibility to:

(1) Prescribe education and training requirements,

which includes training in the use of epinephrine, for all

levels of EMS personnel except for EMRs, based on the

National EMS Educational Standards and any modifications

to those curricula specified by the Department through

rules adopted pursuant to this Act.

(2) Prescribe licensure testing requirements for all

levels of EMS personnel, which shall include a requirement

that all phases of instruction, training, and field

experience be completed before taking the appropriate

licensure examination. Candidates may elect to take the

appropriate National Registry examination in lieu of the

Department's examination, but are responsible for making

their own arrangements for taking the National Registry

examination. In prescribing licensure testing requirements

for honorably discharged members of the armed forces of the

United States under this paragraph (2), the Department

shall ensure that a candidate's military emergency medical

training, emergency medical curriculum completed, and

clinical experience, as described in paragraph (2.5), are

recognized.

(2.5) Review applications for EMS personnel licensure

from honorably discharged members of the armed forces of

the United States with military emergency medical

training. Applications shall be filed with the Department

within one year after military discharge and shall contain:

(i) proof of successful completion of military emergency

medical training; (ii) a detailed description of the

emergency medical curriculum completed; and (iii) a

detailed description of the applicant's clinical

experience. The Department may request additional and

clarifying information. The Department shall evaluate the

application, including the applicant's training and

experience, consistent with the standards set forth under

subsections (a), (b), (c), and (d) of Section 3.10. If the

application clearly demonstrates that the training and

experience meet meets such standards, the Department shall

offer the applicant the opportunity to successfully

complete a Department-approved EMS personnel examination

for the level of license for which the applicant is

qualified. Upon passage of an examination, the Department

shall issue a license, which shall be subject to all

provisions of this Act that are otherwise applicable to the

level of EMS personnel license issued.

(3) License individuals as an EMR, EMT, EMT-I, A-EMT,

or Paramedic who have met the Department's education,

training and examination requirements.

(4) Prescribe annual continuing education and

relicensure requirements for all EMS personnel licensure

levels.

(5) Relicense individuals as an EMD, EMR, EMT, EMT-I,

A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,

based on their compliance with continuing education and

relicensure requirements as required by the Department

pursuant to this Act. Every 4 years, a Paramedic shall have

100 hours of approved continuing education, an EMT-I and an

advanced EMT shall have 80 hours of approved continuing

education, and an EMT shall have 60 hours of approved

continuing education. An Illinois licensed EMR, EMD, EMT,

EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose

license has been expired for less than 36 months may apply

for reinstatement by the Department. Reinstatement shall

require that the applicant (i) submit satisfactory proof of

completion of continuing medical education and clinical

requirements to be prescribed by the Department in an

administrative rule; (ii) submit a positive recommendation

from an Illinois EMS Medical Director attesting to the

applicant's qualifications for retesting; and (iii) pass a

Department approved test for the level of EMS personnel

license sought to be reinstated.

(6) Grant inactive status to any EMR, EMD, EMT, EMT-I,

A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who

qualifies, based on standards and procedures established

by the Department in rules adopted pursuant to this Act.

(7) Charge a fee for EMS personnel examination,

licensure, and license renewal.

(8) Suspend, revoke, or refuse to issue or renew the

license of any licensee, after an opportunity for an

impartial hearing before a neutral administrative law

judge appointed by the Director, where the preponderance of

the evidence shows one or more of the following:

(A) The licensee has not met continuing education

or relicensure requirements as prescribed by the

Department;

(B) The licensee has failed to maintain

proficiency in the level of skills for which he or she

is licensed;

(C) The licensee, during the provision of medical

services, engaged in dishonorable, unethical, or

unprofessional conduct of a character likely to

deceive, defraud, or harm the public;

(D) The licensee has failed to maintain or has

violated standards of performance and conduct as

prescribed by the Department in rules adopted pursuant

to this Act or his or her EMS System's Program Plan;

(E) The licensee is physically impaired to the

extent that he or she cannot physically perform the

skills and functions for which he or she is licensed,

as verified by a physician, unless the person is on

inactive status pursuant to Department regulations;

(F) The licensee is mentally impaired to the extent

that he or she cannot exercise the appropriate

judgment, skill and safety for performing the

functions for which he or she is licensed, as verified

by a physician, unless the person is on inactive status

pursuant to Department regulations;

(G) The licensee has violated this Act or any rule

adopted by the Department pursuant to this Act; or

(H) The licensee has been convicted (or entered a

plea of guilty or nolo-contendere) by a court of

competent jurisdiction of a Class X, Class 1, or Class

2 felony in this State or an out-of-state equivalent

offense.

(9) Prescribe education and training requirements in

the administration and use of opioid antagonists for all

levels of EMS personnel based on the National EMS

Educational Standards and any modifications to those

curricula specified by the Department through rules

adopted pursuant to this Act.

(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,

PHAPRN, PHPA, or PHRN who is a member of the Illinois National

Guard or an Illinois State Trooper or who exclusively serves as

a volunteer for units of local government with a population

base of less than 5,000 or as a volunteer for a not-for-profit

organization that serves a service area with a population base

of less than 5,000 may submit an application to the Department

for a waiver of the fees described under paragraph (7) of

subsection (d) of this Section on a form prescribed by the

Department.

The education requirements prescribed by the Department

under this Section must allow for the suspension of those

requirements in the case of a member of the armed services or

reserve forces of the United States or a member of the Illinois

National Guard who is on active duty pursuant to an executive

order of the President of the United States, an act of the

Congress of the United States, or an order of the Governor at

the time that the member would otherwise be required to fulfill

a particular education requirement. Such a person must fulfill

the education requirement within 6 months after his or her

release from active duty.

(e) In the event that any rule of the Department or an EMS

Medical Director that requires testing for drug use as a

condition of the applicable EMS personnel license conflicts

with or duplicates a provision of a collective bargaining

agreement that requires testing for drug use, that rule shall

not apply to any person covered by the collective bargaining

agreement.

(Source: P.A. 99-480, eff. 9-9-15; 100-1082, eff. 8-24-19;

revised 10-4-18.)

Section 450. The Health Care Violence Prevention Act is

amended by changing Section 20 as follows:

(210 ILCS 160/20)

Sec. 20. Workplace violence prevention program.

(a) A health care provider shall create a workplace

violence prevention program that complies with the

Occupational Safety and Health Administration guidelines for

preventing workplace violence for health care and social

service workers as amended or updated by the Occupational

Safety and Health Administration.

(a-5) In addition, the workplace violence prevention

program shall include:

(1) the following classifications of workplace

violence as one of 4 possible types:

(A) "Type 1 violence" means workplace violence

committed by a person who has no legitimate business at

the work site and includes violent acts by anyone who

enters the workplace with the intent to commit a crime.

(B) "Type 2 violence" means workplace violence

directed at employees by customers, clients, patients,

students, inmates, visitors, or other individuals

accompanying a patient.

(C) "Type 3 violence" means workplace violence

against an employee by a present or former employee,

supervisor, or manager.

(D) "Type 4 violence" means workplace violence

committed in the workplace by someone who does not work

there, but has or is known to have had a personal

relationship with an employee; .

(2) management commitment and worker participation,

including, but not limited to, nurses;

(3) worksite analysis and identification of potential

hazards;

(4) hazard prevention and control;

(5) safety and health training with required hours

determined by rule; and

(6) recordkeeping and evaluation of the violence

prevention program.

(b) The Department of Public Health may by rule adopt

additional criteria for workplace violence prevention

programs.

(Source: P.A. 100-1051, eff. 1-1-19; revised 10-4-18.)

Section 455. The Illinois Insurance Code is amended by

changing Sections 4, 154.8, 300.1, 370c, and 452 and by setting

forth, renumbering, and changing multiple versions of Section

356z.29 as follows:

(215 ILCS 5/4) (from Ch. 73, par. 616)

Sec. 4. Classes of insurance. Insurance and insurance

business shall be classified as follows:

Class 1. Life, Accident and Health.

(a) Life. Insurance on the lives of persons and every

insurance appertaining thereto or connected therewith and

granting, purchasing or disposing of annuities. Policies of

life or endowment insurance or annuity contracts or contracts

supplemental thereto which contain provisions for additional

benefits in case of death by accidental means and provisions

operating to safeguard such policies or contracts against

lapse, to give a special surrender value, or special benefit,

or an annuity, in the event, that the insured or annuitant

shall become a person with a total and permanent disability as

defined by the policy or contract, or which contain benefits

providing acceleration of life or endowment or annuity benefits

in advance of the time they would otherwise be payable, as an

indemnity for long term care which is certified or ordered by a

physician, including but not limited to, professional nursing

care, medical care expenses, custodial nursing care,

non-nursing custodial care provided in a nursing home or at a

residence of the insured, or which contain benefits providing

acceleration of life or endowment or annuity benefits in

advance of the time they would otherwise be payable, at any

time during the insured's lifetime, as an indemnity for a

terminal illness shall be deemed to be policies of life or

endowment insurance or annuity contracts within the intent of

this clause.

Also to be deemed as policies of life or endowment

insurance or annuity contracts within the intent of this clause

shall be those policies or riders that provide for the payment

of up to 75% of the face amount of benefits in advance of the

time they would otherwise be payable upon a diagnosis by a

physician licensed to practice medicine in all of its branches

that the insured has incurred a covered condition listed in the

policy or rider.

"Covered condition", as used in this clause, means: heart

attack, stroke, coronary artery surgery, life threatening

cancer, renal failure, Alzheimer's disease, paraplegia, major

organ transplantation, total and permanent disability, and any

other medical condition that the Department may approve for any

particular filing.

The Director may issue rules that specify prohibited policy

provisions, not otherwise specifically prohibited by law,

which in the opinion of the Director are unjust, unfair, or

unfairly discriminatory to the policyholder, any person

insured under the policy, or beneficiary.

(b) Accident and health. Insurance against bodily injury,

disablement or death by accident and against disablement

resulting from sickness or old age and every insurance

appertaining thereto, including stop-loss insurance. Stop-loss

insurance is insurance against the risk of economic loss issued

to a single employer self-funded employee disability benefit

plan or an employee welfare benefit plan as described in 29

U.S.C. 100 et seq. The insurance laws of this State, including

this Code, do not apply to arrangements between a religious

organization and the organization's members or participants

when the arrangement and organization meet all of the following

criteria:

(i) the organization is described in Section 501(c)(3)

of the Internal Revenue Code and is exempt from taxation

under Section 501(a) of the Internal Revenue Code;

(ii) members of the organization share a common set of

ethical or religious beliefs and share medical expenses

among members in accordance with those beliefs and without

regard to the state in which a member resides or is

employed;

(iii) no funds that have been given for the purpose of

the sharing of medical expenses among members described in

paragraph (ii) of this subsection (b) are held by the

organization in an off-shore trust or bank account;

(iv) the organization provides at least monthly to all

of its members a written statement listing the dollar

amount of qualified medical expenses that members have

submitted for sharing, as well as the amount of expenses

actually shared among the members;

(v) members of the organization retain membership even

after they develop a medical condition;

(vi) the organization or a predecessor organization

has been in existence at all times since December 31, 1999,

and medical expenses of its members have been shared

continuously and without interruption since at least

December 31, 1999;

(vii) the organization conducts an annual audit that is

performed by an independent certified public accounting

firm in accordance with generally accepted accounting

principles and is made available to the public upon

request;

(viii) the organization includes the following

statement, in writing, on or accompanying all applications

and guideline materials:

"Notice: The organization facilitating the sharing of

medical expenses is not an insurance company, and

neither its guidelines nor plan of operation

constitute or create an insurance policy. Any

assistance you receive with your medical bills will be

totally voluntary. As such, participation in the

organization or a subscription to any of its documents

should never be considered to be insurance. Whether or

not you receive any payments for medical expenses and

whether or not this organization continues to operate,

you are always personally responsible for the payment

of your own medical bills.";

(ix) any membership card or similar document issued by

the organization and any written communication sent by the

organization to a hospital, physician, or other health care

provider shall include a statement that the organization

does not issue health insurance and that the member or

participant is personally liable for payment of his or her

medical bills;

(x) the organization provides to a participant, within

30 days after the participant joins, a complete set of its

rules for the sharing of medical expenses, appeals of

decisions made by the organization, and the filing of

complaints;

(xi) the organization does not offer any other services

that are regulated under any provision of the Illinois

Insurance Code or other insurance laws of this State; and

(xii) the organization does not amass funds as reserves

intended for payment of medical services, rather the

organization facilitates the payments provided for in this

subsection (b) through payments made directly from one

participant to another.

(c) Legal Expense Insurance. Insurance which involves the

assumption of a contractual obligation to reimburse the

beneficiary against or pay on behalf of the beneficiary, all or

a portion of his fees, costs, or expenses related to or arising

out of services performed by or under the supervision of an

attorney licensed to practice in the jurisdiction wherein the

services are performed, regardless of whether the payment is

made by the beneficiaries individually or by a third person for

them, but does not include the provision of or reimbursement

for legal services incidental to other insurance coverages. The

insurance laws of this State, including this Act do not apply

to:

(i) retainer contracts made by attorneys at law with

individual clients with fees based on estimates of the

nature and amount of services to be provided to the

specific client, and similar contracts made with a group of

clients involved in the same or closely related legal

matters;

(ii) plans owned or operated by attorneys who are the

providers of legal services to the plan;

(iii) plans providing legal service benefits to groups

where such plans are owned or operated by authority of a

state, county, local or other bar association;

(iv) any lawyer referral service authorized or

operated by a state, county, local or other bar

association;

(v) the furnishing of legal assistance by labor unions

and other employee organizations to their members in

matters relating to employment or occupation;

(vi) the furnishing of legal assistance to members or

dependents, by churches, consumer organizations,

cooperatives, educational institutions, credit unions, or

organizations of employees, where such organizations

contract directly with lawyers or law firms for the

provision of legal services, and the administration and

marketing of such legal services is wholly conducted by the

organization or its subsidiary;

(vii) legal services provided by an employee welfare

benefit plan defined by the Employee Retirement Income

Security Act of 1974;

(viii) any collectively bargained plan for legal

services between a labor union and an employer negotiated

pursuant to Section 302 of the Labor Management Relations

Act as now or hereafter amended, under which plan legal

services will be provided for employees of the employer

whether or not payments for such services are funded to or

through an insurance company.

Class 2. Casualty, Fidelity and Surety.

(a) Accident and health. Insurance against bodily injury,

disablement or death by accident and against disablement

resulting from sickness or old age and every insurance

appertaining thereto, including stop-loss insurance. Stop-loss

insurance is insurance against the risk of economic loss issued

to a single employer self-funded employee disability benefit

plan or an employee welfare benefit plan as described in 29

U.S.C. 1001 et seq.

(b) Vehicle. Insurance against any loss or liability

resulting from or incident to the ownership, maintenance or use

of any vehicle (motor or otherwise), draft animal or aircraft.

Any policy insuring against any loss or liability on account of

the bodily injury or death of any person may contain a

provision for payment of disability benefits to injured persons

and death benefits to dependents, beneficiaries or personal

representatives of persons who are killed, including the named

insured, irrespective of legal liability of the insured, if the

injury or death for which benefits are provided is caused by

accident and sustained while in or upon or while entering into

or alighting from or through being struck by a vehicle (motor

or otherwise), draft animal or aircraft, and such provision

shall not be deemed to be accident insurance.

(c) Liability. Insurance against the liability of the

insured for the death, injury or disability of an employee or

other person, and insurance against the liability of the

insured for damage to or destruction of another person's

property.

(d) Workers' compensation. Insurance of the obligations

accepted by or imposed upon employers under laws for workers'

compensation.

(e) Burglary and forgery. Insurance against loss or damage

by burglary, theft, larceny, robbery, forgery, fraud or

otherwise; including all householders' personal property

floater risks.

(f) Glass. Insurance against loss or damage to glass

including lettering, ornamentation and fittings from any

cause.

(g) Fidelity and surety. Become surety or guarantor for any

person, copartnership or corporation in any position or place

of trust or as custodian of money or property, public or

private; or, becoming a surety or guarantor for the performance

of any person, copartnership or corporation of any lawful

obligation, undertaking, agreement or contract of any kind,

except contracts or policies of insurance; and underwriting

blanket bonds. Such obligations shall be known and treated as

suretyship obligations and such business shall be known as

surety business.

(h) Miscellaneous. Insurance against loss or damage to

property and any liability of the insured caused by accidents

to boilers, pipes, pressure containers, machinery and

apparatus of any kind and any apparatus connected thereto, or

used for creating, transmitting or applying power, light, heat,

steam or refrigeration, making inspection of and issuing

certificates of inspection upon elevators, boilers, machinery

and apparatus of any kind and all mechanical apparatus and

appliances appertaining thereto; insurance against loss or

damage by water entering through leaks or openings in

buildings, or from the breakage or leakage of a sprinkler,

pumps, water pipes, plumbing and all tanks, apparatus, conduits

and containers designed to bring water into buildings or for

its storage or utilization therein, or caused by the falling of

a tank, tank platform or supports, or against loss or damage

from any cause (other than causes specifically enumerated under

Class 3 of this Section) to such sprinkler, pumps, water pipes,

plumbing, tanks, apparatus, conduits or containers; insurance

against loss or damage which may result from the failure of

debtors to pay their obligations to the insured; and insurance

of the payment of money for personal services under contracts

of hiring.

(i) Other casualty risks. Insurance against any other

casualty risk not otherwise specified under Classes 1 or 3,

which may lawfully be the subject of insurance and may properly

be classified under Class 2.

(j) Contingent losses. Contingent, consequential and

indirect coverages wherein the proximate cause of the loss is

attributable to any one of the causes enumerated under Class 2.

Such coverages shall, for the purpose of classification, be

included in the specific grouping of the kinds of insurance

wherein such cause is specified.

(k) Livestock and domestic animals. Insurance against

mortality, accident and health of livestock and domestic

animals.

(l) Legal expense insurance. Insurance against risk

resulting from the cost of legal services as defined under

Class 1(c).

Class 3. Fire and Marine, etc.

(a) Fire. Insurance against loss or damage by fire, smoke

and smudge, lightning or other electrical disturbances.

(b) Elements. Insurance against loss or damage by

earthquake, windstorms, cyclone, tornado, tempests, hail,

frost, snow, ice, sleet, flood, rain, drought or other weather

or climatic conditions including excess or deficiency of

moisture, rising of the waters of the ocean or its tributaries.

(c) War, riot and explosion. Insurance against loss or

damage by bombardment, invasion, insurrection, riot, strikes,

civil war or commotion, military or usurped power, or explosion

(other than explosion of steam boilers and the breaking of fly

wheels on premises owned, controlled, managed, or maintained by

the insured.).

(d) Marine and transportation. Insurance against loss or

damage to vessels, craft, aircraft, vehicles of every kind,

(excluding vehicles operating under their own power or while in

storage not incidental to transportation) as well as all goods,

freights, cargoes, merchandise, effects, disbursements,

profits, moneys, bullion, precious stones, securities, choses

chooses in action, evidences of debt, valuable papers, bottomry

and respondentia interests and all other kinds of property and

interests therein, in respect to, appertaining to or in

connection with any or all risks or perils of navigation,

transit, or transportation, including war risks, on or under

any seas or other waters, on land or in the air, or while being

assembled, packed, crated, baled, compressed or similarly

prepared for shipment or while awaiting the same or during any

delays, storage, transshipment, or reshipment incident

thereto, including marine builder's risks and all personal

property floater risks; and for loss or damage to persons or

property in connection with or appertaining to marine, inland

marine, transit or transportation insurance, including

liability for loss of or damage to either arising out of or in

connection with the construction, repair, operation,

maintenance, or use of the subject matter of such insurance,

(but not including life insurance or surety bonds); but, except

as herein specified, shall not mean insurances against loss by

reason of bodily injury to the person; and insurance against

loss or damage to precious stones, jewels, jewelry, gold,

silver and other precious metals whether used in business or

trade or otherwise and whether the same be in course of

transportation or otherwise, which shall include jewelers'

block insurance; and insurance against loss or damage to

bridges, tunnels and other instrumentalities of transportation

and communication (excluding buildings, their furniture and

furnishings, fixed contents and supplies held in storage)

unless fire, tornado, sprinkler leakage, hail, explosion,

earthquake, riot and civil commotion are the only hazards to be

covered; and to piers, wharves, docks and slips, excluding the

risks of fire, tornado, sprinkler leakage, hail, explosion,

earthquake, riot and civil commotion; and to other aids to

navigation and transportation, including dry docks and marine

railways, against all risk.

(e) Vehicle. Insurance against loss or liability resulting

from or incident to the ownership, maintenance or use of any

vehicle (motor or otherwise), draft animal or aircraft,

excluding the liability of the insured for the death, injury or

disability of another person.

(f) Property damage, sprinkler leakage and crop. Insurance

against the liability of the insured for loss or damage to

another person's property or property interests from any cause

enumerated in this class; insurance against loss or damage by

water entering through leaks or openings in buildings, or from

the breakage or leakage of a sprinkler, pumps, water pipes,

plumbing and all tanks, apparatus, conduits and containers

designed to bring water into buildings or for its storage or

utilization therein, or caused by the falling of a tank, tank

platform or supports or against loss or damage from any cause

to such sprinklers, pumps, water pipes, plumbing, tanks,

apparatus, conduits or containers; insurance against loss or

damage from insects, diseases or other causes to trees, crops

or other products of the soil.

(g) Other fire and marine risks. Insurance against any

other property risk not otherwise specified under Classes 1 or

2, which may lawfully be the subject of insurance and may

properly be classified under Class 3.

(h) Contingent losses. Contingent, consequential and

indirect coverages wherein the proximate cause of the loss is

attributable to any of the causes enumerated under Class 3.

Such coverages shall, for the purpose of classification, be

included in the specific grouping of the kinds of insurance

wherein such cause is specified.

(i) Legal expense insurance. Insurance against risk

resulting from the cost of legal services as defined under

Class 1(c).

(Source: P.A. 99-143, eff. 7-27-15; revised 10-18-18.)

(215 ILCS 5/154.8) (from Ch. 73, par. 766.8)

Sec. 154.8. Cease and desist order; suspension of

certificate; civil penalty; judicial review. Cease and Desist

Order - Suspension of Certificate - Civil penalty - Judicial

Review.)

(1) If, after a hearing pursuant to Section 154.7, the

Director finds that company has engaged in an improper claims

practice, he shall order such company to cease and desist from

such practices and, in the exercise of reasonable discretion,

may suspend the company's certificate of authority for a period

not to exceed 6 months or impose a civil penalty of up to

$250,000, or both. Pursuant to Section 401, the Director shall

adopt promulgate reasonable rules and regulations establishing

standards for the implementation of this Section.

(2) Any order of the Director pursuant to this Section is

subject to judicial review under Section 407 of this Code.

(Source: P.A. 86-846; revised 10-18-18.)

(215 ILCS 5/300.1) (from Ch. 73, par. 912.1)

(Section scheduled to be repealed on January 1, 2027)

Sec. 300.1. The benefit contract.

(a) Every society authorized to do business in this State

shall issue to each owner of a benefit contract a certificate

specifying the amount of benefits provided thereby. The

certificate, together with any riders or endorsements attached

thereto, the laws of the society, the application for

membership, the application for insurance and declaration of

insurability, if any, signed by the applicant and all

amendments to each thereof shall constitute the benefit

contract, as of the date of issuance, between the society and

the owner, and the certificate shall so state. A copy of the

application for insurance and declaration of insurability, if

any, shall be endorsed upon or attached to the certificate. All

statements on the application shall be representations and not

warranties. Any waiver of this provision shall be void.

(b) Any changes, additions or amendments to the laws of the

society duly made or enacted subsequent to the issuance of the

certificate shall bind the owner and the beneficiaries and

shall govern and control the benefit contract in all respects

the same as though such changes, additions or amendments had

been made prior to and were in force at the time of the

application for insurance, except that no change, addition or

amendment shall destroy or diminish benefits which the society

contracted to give the owner as of the date of issuance.

(c) Any person upon whose life a benefit contract is issued

prior to attaining the age of majority shall be bound by the

terms of the application and certificate and by all the laws

and rules of the society to the same extent as though the age

of majority had been attained at the time of application.

(d) A society shall provide in its laws and its

certificates that, if its reserves as to all or any class of

certificates become impaired, its board of directors or

corresponding body may require that there shall be paid by the

owner to the society an assessment in the amount of the owner's

equitable proportion of such deficiency as ascertained by its

board, and that, if the payment is not made, either (1) it

shall stand as an indebtedness against the certificate and draw

interest not to exceed the rate specified for certificate loans

under the certificates; or (2) in lieu of or in combination

with (1), the owner may accept a proportionate reduction in

benefits under the certificate. However, in no event may an

assessment obligation be forgiven, credited, or repaid by

whatever means or however labeled by the society in lieu of

collection or reduction in benefits, unless provided to all

society members and approved in writing by the Director, except

that the forgiveness or repayment of any assessments issued by

a society that remain outstanding as of January 1, 2015 (the

effective date of Public Act 98-814) this amendatory Act of the

98th General Assembly may be forgiven or repaid by any manner

or plan certified by an independent actuary and filed with the

Director to make reasonable and adequate provision for the

forgiveness or repayment of the assessment to all society

members. Notwithstanding the foregoing, a society may fully

repay, credit, or forgive an assessment from the date of death

of any life insured under a certificate so long as the plan to

forgive or repay the assessment is certified by an independent

actuary and filed with the Director to make reasonable and

adequate provision for the forgiveness or repayment of the

assessment to all assessed society members as a result of the

death. The society may specify the manner of the election and

which alternative is to be presumed if no election is made. No

such assessment shall take effect unless a 30-day notification

has been provided to the Director, who shall have the ability

to disapprove the assessment only if the Director finds that

such assessment is not in the best interests of the benefit

members of the domestic society. Disapproval by the Director

shall be made within 30 days after receipt of notice and shall

be in writing and mailed to the domestic society. If the

Director disapproves the assessment, the reasons therefor

therefore shall be stated in the written notice.

(e) Copies of any of the documents mentioned in this

Section, certified by the secretary or corresponding officer of

the society, shall be received in evidence of the terms and

conditions thereof.

(f) No certificate shall be delivered or issued for

delivery in this State unless a copy of the form has been filed

with the Director in the manner provided for like policies

issued by life insurers in this State. Every life, accident,

health or disability insurance certificate and every annuity

certificate issued on or after one year from January 1, 1986

(the effective date of Public Act 84-303) this amendatory Act

shall meet the standard contract provision requirements not

inconsistent with Public Act 84-303 this amendatory Act for

like policies issued by life insurers in this State except that

a society may provide for a grace period for payment of

premiums of one full month in its certificates. The certificate

shall also contain a provision stating the amount of premiums

which are payable under the certificate and a provision

reciting or setting forth the substance of any sections of the

society's laws or rules in force at the time of issuance of the

certificate which, if violated, will result in the termination

or reduction of benefits payable under the certificate. If the

laws of the society provide for expulsion or suspension of a

member, the certificate shall also contain a provision that any

member so expelled or suspended, except for nonpayment of a

premium or within the contestable period for material

misrepresentation in the application for membership or

insurance, shall have the privilege of maintaining the

certificate in force by continuing payment of the required

premium.

(g) Benefit contracts issued on the lives of persons below

the society's minimum age for adult membership may provide for

transfer of control or ownership to the insured at an age

specified in the certificate. A society may require approval of

an application for membership in order to effect this transfer

and may provide in all other respect for the regulation,

government and control of such certificates and all rights,

obligations and liabilities incident thereto and connected

therewith. Ownership rights prior to such transfer shall be

specified in the certificate.

(h) A society may specify the terms and conditions on which

benefit contracts may be assigned.

(Source: P.A. 98-814, eff. 1-1-15; revised 10-18-18.)

(215 ILCS 5/356z.29)

Sec. 356z.29. Stage 4 advanced, metastatic cancer.

(a) As used in this Section, "stage 4 advanced, metastatic

cancer" means cancer that has spread from the primary or

original site of the cancer to nearby tissues, lymph nodes, or

other areas or parts of the body.

(b) No individual or group policy of accident and health

insurance amended, issued, delivered, or renewed in this State

after January 1, 2019 (the effective date of Public Act

100-1057) this amendatory Act of the 100th General Assembly

that, as a provision of hospital, medical, or surgical

services, directly or indirectly covers the treatment of stage

4 advanced, metastatic cancer shall limit or exclude coverage

for a drug approved by the United States Food and Drug

Administration by mandating that the insured shall first be

required to fail to successfully respond to a different drug or

prove a history of failure of the drug as long as the use of the

drug is consistent with best practices for the treatment of

stage 4 advanced, metastatic cancer and is supported by

peer-reviewed medical literature.

(c) If, at any time before or after January 1, 2019 (the

effective date of Public Act 100-1057) this amendatory Act of

the 100th General Assembly, the Secretary of the United States

Department of Health and Human Services, or its successor

agency, promulgates rules or regulations to be published in the

Federal Register, publishes a comment in the Federal Register,

or issues an opinion, guidance, or other action that would

require the State, pursuant to any provision of the Patient

Protection and Affordable Care Act (Pub. L. 111–148),

including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any

successor provision, to defray the cost of the prohibition of

coverage restrictions or exclusions contained in subsection

(b) of this Section for the treatment of stage 4 advanced,

metastatic cancer, then this Section is inoperative with

respect to all such coverage other than that authorized under

Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and

the State shall not assume any obligation for the cost of the

prohibition of coverage restrictions or exclusions contained

in subsection (b) of this Section for the treatment of stage 4

advanced, metastatic cancer.

(Source: P.A. 100-1057, eff. 1-1-19; revised 10-3-18.)

(215 ILCS 5/356z.30)

Sec. 356z.30 356z.29. Coverage for hearing aids for

individuals under the age of 18.

(a) As used in this Section:

"Hearing care professional" means a person who is a

licensed hearing instrument dispenser, licensed audiologist,

or licensed physician.

"Hearing instrument" or "hearing aid" means any wearable

non-disposable, non-experimental instrument or device designed

to aid or compensate for impaired human hearing and any parts,

attachments, or accessories for the instrument or device,

including an ear mold but excluding batteries and cords.

(b) An individual or group policy of accident and health

insurance or managed care plan that is amended, delivered,

issued, or renewed after August 22, 2018 (the effective date of

Public Act 100-1026) this amendatory Act of the 100th General

Assembly must provide coverage for medically necessary hearing

instruments and related services for all individuals under the

age of 18 when a hearing care professional prescribes a hearing

instrument to augment communication.

(c) An insurer shall provide coverage, subject to all

applicable co-payments, co-insurance, deductibles, and

out-of-pocket limits, subject to the following restrictions:

(1) one hearing instrument shall be covered for each

ear every 36 months;

(2) related services, such as audiological exams and

selection, fitting, and adjustment of ear molds to maintain

optimal fit shall be covered when deemed medically

necessary by a hearing care professional; and

(3) hearing instrument repairs may be covered when

deemed medically necessary.

(d) If, at any time before or after August 22, 2018 (the

effective date of Public Act 100-1026) this amendatory Act of

the 100th General Assembly, the Secretary of the United States

Department of Health and Human Services, or its successor

agency, promulgates rules or regulations to be published in the

Federal Register, publishes a comment in the Federal Register,

or issues an opinion, guidance, or other action that would

require the State, pursuant to any provision of the Patient

Protection and Affordable Care Act (Pub. L. 111–148),

including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any

successor provision, to defray the cost of coverage for

medically necessary hearing instruments and related services

for individuals under the age of 18, then this Section is

inoperative with respect to all such coverage other than that

authorized under Section 1902 of the Social Security Act, 42

U.S.C. 1396a, and the State shall not assume any obligation for

the cost of coverage for medically necessary hearing

instruments and related services for individuals under the age

of 18.

(Source: P.A. 100-1026, eff. 8-22-18; revised 10-3-18.)

(215 ILCS 5/356z.31)

Sec. 356z.31 356z.29. Recovery housing for persons with

substance use disorders.

(a) Definitions. As used in this Section:

"Substance use disorder" and "case management" have the

meanings ascribed to those terms in Section 1-10 of the

Substance Use Disorder Act.

"Hospital" means a facility licensed by the Department of

Public Health under the Hospital Licensing Act.

"Federally qualified health center" means a facility as

defined in Section 1905(l)(2)(B) of the federal Social Security

Act.

"Recovery housing" means a residential extended care

treatment facility or a recovery home as defined and licensed

in 77 Illinois Administrative Code, Part 2060, by the Illinois

Department of Human Services, Division of Substance Use

Prevention and Recovery.

(b) A group or individual policy of accident and health

insurance or managed care plan amended, delivered, issued, or

renewed on or after January 1, 2019 (the effective date of

Public Act 100-1065) this amendatory Act of the 100th General

Assembly may provide coverage for residential extended care

services and supports for persons recovery housing for persons

with substance use disorders who are at risk of a relapse

following discharge from a health care clinic, federally

qualified health center, hospital withdrawal management

program or any other licensed withdrawal management program, or

hospital emergency department so long as all of the following

conditions are met:

(1) A health care clinic, federally qualified health

center, hospital withdrawal management program or any

other licensed withdrawal management program, or hospital

emergency department has conducted an individualized

assessment, using criteria established by the American

Society of Addiction Medicine, of the person's condition

prior to discharge and has identified the person as being

at risk of a relapse and in need of supportive services,

including employment and training and case management, to

maintain long-term recovery. A determination of whether a

person is in need of supportive services shall also be

based on whether the person has a history of poverty, job

insecurity, and lack of a safe and sober living

environment.

(2) The recovery housing is administered by a

community-based agency that is licensed by or under

contract with the Department of Human Services, Division of

Substance Use Prevention and Recovery.

(3) The recovery housing is administered by a

community-based agency as described in paragraph (2) upon

the referral of a health care clinic, federally qualified

health center, hospital withdrawal management program or

any other licensed withdrawal management program, or

hospital emergency department.

(c) Based on the individualized needs assessment, any

coverage provided in accordance with this Section may include,

but not be limited to, the following:

(1) Substance use disorder treatment services that are

in accordance with licensure standards promulgated by the

Department of Human Services, Division of Substance Use

Prevention and Recovery.

(2) Transitional housing services, including food or

meal plans.

(3) Individualized case management and referral

services, including case management and social services

for the families of persons who are seeking treatment for a

substance use disorder.

(4) Job training or placement services.

(d) The insurer may rate each community-based agency that

is licensed by or under contract with the Department of Human

Services, Division of Substance Use Prevention and Recovery to

provide recovery housing based on an evaluation of each

agency's ability to:

(1) reduce health care costs;

(2) reduce recidivism rates for persons suffering from

a substance use disorder;

(3) improve outcomes;

(4) track persons with substance use disorders; and

(5) improve the quality of life of persons with

substance use disorders through the utilization of

sustainable recovery, education, employment, and housing

services.

The insurer may publish the results of the ratings on its

official website and shall, on an annual basis, update the

posted results.

(e) The Department of Insurance may adopt any rules

necessary to implement the provisions of this Section in

accordance with the Illinois Administrative Procedure Act and

all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 100-1065, eff. 1-1-19; revised 10-3-18.)

(215 ILCS 5/356z.32)

Sec. 356z.32 356z.29. Coverage for fertility preservation

services.

(a) As used in this Section:

"Iatrogenic infertility" means an in impairment of

fertility by surgery, radiation, chemotherapy, or other

medical treatment affecting reproductive organs or

processes.

"May directly or indirectly cause" means the likely

possibility that treatment will cause a side effect of

infertility, based upon current evidence-based standards

of care established by the American Society for

Reproductive Medicine, the American Society of Clinical

Oncology, or other national medical associations that

follow current evidence-based standards of care.

"Standard fertility preservation services" means

procedures based upon current evidence-based standards of

care established by the American Society for Reproductive

Medicine, the American Society of Clinical Oncology, or

other national medical associations that follow current

evidence-based standards of care.

(b) An individual or group policy of accident and health

insurance amended, delivered, issued, or renewed in this State

after January 1, 2019 (the effective date of Public Act

100-1102) this amendatory Act of the 100th General Assembly

must provide coverage for medically necessary expenses for

standard fertility preservation services when a necessary

medical treatment may directly or indirectly cause iatrogenic

infertility to an enrollee.

(c) In determining coverage pursuant to this Section, an

insurer shall not discriminate based on an individual's

expected length of life, present or predicted disability,

degree of medical dependency, quality of life, or other health

conditions, nor based on personal characteristics, including

age, sex, sexual orientation, or marital status.

(d) If, at any time before or after January 1, 2019 (the

effective date of Public Act 100-1102) this amendatory Act of

the 100th General Assembly, the Secretary of the United States

Department of Health and Human Services, or its successor

agency, promulgates rules or regulations to be published in the

Federal Register, publishes a comment in the Federal Register,

or issues an opinion, guidance, or other action that would

require the State, pursuant to any provision of the Patient

Protection and Affordable Care Act (Pub. L. 111–148),

including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any

successor provision, to defray the cost of coverage for

fertility preservation services, then this Section is

inoperative with respect to all such coverage other than that

authorized under Section 1902 of the Social Security Act, 42

U.S.C. 1396a, and the State shall not assume any obligation for

the cost of coverage for fertility preservation services.

(Source: P.A. 100-1102, eff. 1-1-19; revised 10-3-18.)

(215 ILCS 5/370c) (from Ch. 73, par. 982c)

Sec. 370c. Mental and emotional disorders.

(a)(1) On and after January 1, 2019 (the effective date of

Public Act 100-1024) this amendatory Act of the 100th General

Assembly, every insurer that amends, delivers, issues, or

renews group accident and health policies providing coverage

for hospital or medical treatment or services for illness on an

expense-incurred basis shall provide coverage for reasonable

and necessary treatment and services for mental, emotional,

nervous, or substance use disorders or conditions consistent

with the parity requirements of Section 370c.1 of this Code.

(2) Each insured that is covered for mental, emotional,

nervous, or substance use disorders or conditions shall be free

to select the physician licensed to practice medicine in all

its branches, licensed clinical psychologist, licensed

clinical social worker, licensed clinical professional

counselor, licensed marriage and family therapist, licensed

speech-language pathologist, or other licensed or certified

professional at a program licensed pursuant to the Substance

Use Disorder Illinois Alcoholism and Other Drug Abuse and

Dependency Act of his choice to treat such disorders, and the

insurer shall pay the covered charges of such physician

licensed to practice medicine in all its branches, licensed

clinical psychologist, licensed clinical social worker,

licensed clinical professional counselor, licensed marriage

and family therapist, licensed speech-language pathologist, or

other licensed or certified professional at a program licensed

pursuant to the Substance Use Disorder Illinois Alcoholism and

Other Drug Abuse and Dependency Act up to the limits of

coverage, provided (i) the disorder or condition treated is

covered by the policy, and (ii) the physician, licensed

psychologist, licensed clinical social worker, licensed

clinical professional counselor, licensed marriage and family

therapist, licensed speech-language pathologist, or other

licensed or certified professional at a program licensed

pursuant to the Substance Use Disorder Illinois Alcoholism and

Other Drug Abuse and Dependency Act is authorized to provide

said services under the statutes of this State and in

accordance with accepted principles of his profession.

(3) Insofar as this Section applies solely to licensed

clinical social workers, licensed clinical professional

counselors, licensed marriage and family therapists, licensed

speech-language pathologists, and other licensed or certified

professionals at programs licensed pursuant to the Substance

Use Disorder Illinois Alcoholism and Other Drug Abuse and

Dependency Act, those persons who may provide services to

individuals shall do so after the licensed clinical social

worker, licensed clinical professional counselor, licensed

marriage and family therapist, licensed speech-language

pathologist, or other licensed or certified professional at a

program licensed pursuant to the Substance Use Disorder

Illinois Alcoholism and Other Drug Abuse and Dependency Act has

informed the patient of the desirability of the patient

conferring with the patient's primary care physician.

(4) "Mental, emotional, nervous, or substance use disorder

or condition" means a condition or disorder that involves a

mental health condition or substance use disorder that falls

under any of the diagnostic categories listed in the mental and

behavioral disorders chapter of the current edition of the

International Classification of Disease or that is listed in

the most recent version of the Diagnostic and Statistical

Manual of Mental Disorders.

(b)(1) (Blank).

(2) (Blank).

(2.5) (Blank).

(3) Unless otherwise prohibited by federal law and

consistent with the parity requirements of Section 370c.1 of

this Code, the reimbursing insurer that amends, delivers,

issues, or renews a group or individual policy of accident and

health insurance, a qualified health plan offered through the

health insurance marketplace, or a provider of treatment of

mental, emotional, nervous, or substance use disorders or

conditions shall furnish medical records or other necessary

data that substantiate that initial or continued treatment is

at all times medically necessary. An insurer shall provide a

mechanism for the timely review by a provider holding the same

license and practicing in the same specialty as the patient's

provider, who is unaffiliated with the insurer, jointly

selected by the patient (or the patient's next of kin or legal

representative if the patient is unable to act for himself or

herself), the patient's provider, and the insurer in the event

of a dispute between the insurer and patient's provider

regarding the medical necessity of a treatment proposed by a

patient's provider. If the reviewing provider determines the

treatment to be medically necessary, the insurer shall provide

reimbursement for the treatment. Future contractual or

employment actions by the insurer regarding the patient's

provider may not be based on the provider's participation in

this procedure. Nothing prevents the insured from agreeing in

writing to continue treatment at his or her expense. When

making a determination of the medical necessity for a treatment

modality for mental, emotional, nervous, or substance use

disorders or conditions, an insurer must make the determination

in a manner that is consistent with the manner used to make

that determination with respect to other diseases or illnesses

covered under the policy, including an appeals process. Medical

necessity determinations for substance use disorders shall be

made in accordance with appropriate patient placement criteria

established by the American Society of Addiction Medicine. No

additional criteria may be used to make medical necessity

determinations for substance use disorders.

(4) A group health benefit plan amended, delivered, issued,

or renewed on or after January 1, 2019 (the effective date of

Public Act 100-1024) this amendatory Act of the 100th General

Assembly or an individual policy of accident and health

insurance or a qualified health plan offered through the health

insurance marketplace amended, delivered, issued, or renewed

on or after January 1, 2019 (the effective date of Public Act

100-1024) this amendatory Act of the 100th General Assembly:

(A) shall provide coverage based upon medical

necessity for the treatment of a mental, emotional,

nervous, or substance use disorder or condition consistent

with the parity requirements of Section 370c.1 of this

Code; provided, however, that in each calendar year

coverage shall not be less than the following:

(i) 45 days of inpatient treatment; and

(ii) beginning on June 26, 2006 (the effective date

of Public Act 94-921), 60 visits for outpatient

treatment including group and individual outpatient

treatment; and

(iii) for plans or policies delivered, issued for

delivery, renewed, or modified after January 1, 2007

(the effective date of Public Act 94-906), 20

additional outpatient visits for speech therapy for

treatment of pervasive developmental disorders that

will be in addition to speech therapy provided pursuant

to item (ii) of this subparagraph (A); and

(B) may not include a lifetime limit on the number of

days of inpatient treatment or the number of outpatient

visits covered under the plan.

(C) (Blank).

(5) An issuer of a group health benefit plan or an

individual policy of accident and health insurance or a

qualified health plan offered through the health insurance

marketplace may not count toward the number of outpatient

visits required to be covered under this Section an outpatient

visit for the purpose of medication management and shall cover

the outpatient visits under the same terms and conditions as it

covers outpatient visits for the treatment of physical illness.

(5.5) An individual or group health benefit plan amended,

delivered, issued, or renewed on or after September 9, 2015

(the effective date of Public Act 99-480) this amendatory Act

of the 99th General Assembly shall offer coverage for medically

necessary acute treatment services and medically necessary

clinical stabilization services. The treating provider shall

base all treatment recommendations and the health benefit plan

shall base all medical necessity determinations for substance

use disorders in accordance with the most current edition of

the Treatment Criteria for Addictive, Substance-Related, and

Co-Occurring Conditions established by the American Society of

Addiction Medicine. The treating provider shall base all

treatment recommendations and the health benefit plan shall

base all medical necessity determinations for

medication-assisted treatment in accordance with the most

current Treatment Criteria for Addictive, Substance-Related,

and Co-Occurring Conditions established by the American

Society of Addiction Medicine.

As used in this subsection:

"Acute treatment services" means 24-hour medically

supervised addiction treatment that provides evaluation and

withdrawal management and may include biopsychosocial

assessment, individual and group counseling, psychoeducational

groups, and discharge planning.

"Clinical stabilization services" means 24-hour treatment,

usually following acute treatment services for substance

abuse, which may include intensive education and counseling

regarding the nature of addiction and its consequences, relapse

prevention, outreach to families and significant others, and

aftercare planning for individuals beginning to engage in

recovery from addiction.

(6) An issuer of a group health benefit plan may provide or

offer coverage required under this Section through a managed

care plan.

(6.5) An individual or group health benefit plan amended,

delivered, issued, or renewed on or after January 1, 2019 (the

effective date of Public Act 100-1024) this amendatory Act of

the 100th General Assembly:

(A) shall not impose prior authorization requirements,

other than those established under the Treatment Criteria

for Addictive, Substance-Related, and Co-Occurring

Conditions established by the American Society of

Addiction Medicine, on a prescription medication approved

by the United States Food and Drug Administration that is

prescribed or administered for the treatment of substance

use disorders;

(B) shall not impose any step therapy requirements,

other than those established under the Treatment Criteria

for Addictive, Substance-Related, and Co-Occurring

Conditions established by the American Society of

Addiction Medicine, before authorizing coverage for a

prescription medication approved by the United States Food

and Drug Administration that is prescribed or administered

for the treatment of substance use disorders;

(C) shall place all prescription medications approved

by the United States Food and Drug Administration

prescribed or administered for the treatment of substance

use disorders on, for brand medications, the lowest tier of

the drug formulary developed and maintained by the

individual or group health benefit plan that covers brand

medications and, for generic medications, the lowest tier

of the drug formulary developed and maintained by the

individual or group health benefit plan that covers generic

medications; and

(D) shall not exclude coverage for a prescription

medication approved by the United States Food and Drug

Administration for the treatment of substance use

disorders and any associated counseling or wraparound

services on the grounds that such medications and services

were court ordered.

(7) (Blank).

(8) (Blank).

(9) With respect to all mental, emotional, nervous, or

substance use disorders or conditions, coverage for inpatient

treatment shall include coverage for treatment in a residential

treatment center certified or licensed by the Department of

Public Health or the Department of Human Services.

(c) This Section shall not be interpreted to require

coverage for speech therapy or other habilitative services for

those individuals covered under Section 356z.15 of this Code.

(d) With respect to a group or individual policy of

accident and health insurance or a qualified health plan

offered through the health insurance marketplace, the

Department and, with respect to medical assistance, the

Department of Healthcare and Family Services shall each enforce

the requirements of this Section and Sections 356z.23 and

370c.1 of this Code, the Paul Wellstone and Pete Domenici

Mental Health Parity and Addiction Equity Act of 2008, 42

U.S.C. 18031(j), and any amendments to, and federal guidance or

regulations issued under, those Acts, including, but not

limited to, final regulations issued under the Paul Wellstone

and Pete Domenici Mental Health Parity and Addiction Equity Act

of 2008 and final regulations applying the Paul Wellstone and

Pete Domenici Mental Health Parity and Addiction Equity Act of

2008 to Medicaid managed care organizations, the Children's

Health Insurance Program, and alternative benefit plans.

Specifically, the Department and the Department of Healthcare

and Family Services shall take action:

(1) proactively ensuring compliance by individual and

group policies, including by requiring that insurers

submit comparative analyses, as set forth in paragraph (6)

of subsection (k) of Section 370c.1, demonstrating how they

design and apply nonquantitative treatment limitations,

both as written and in operation, for mental, emotional,

nervous, or substance use disorder or condition benefits as

compared to how they design and apply nonquantitative

treatment limitations, as written and in operation, for

medical and surgical benefits;

(2) evaluating all consumer or provider complaints

regarding mental, emotional, nervous, or substance use

disorder or condition coverage for possible parity

violations;

(3) performing parity compliance market conduct

examinations or, in the case of the Department of

Healthcare and Family Services, parity compliance audits

of individual and group plans and policies, including, but

not limited to, reviews of:

(A) nonquantitative treatment limitations,

including, but not limited to, prior authorization

requirements, concurrent review, retrospective review,

step therapy, network admission standards,

reimbursement rates, and geographic restrictions;

(B) denials of authorization, payment, and

coverage; and

(C) other specific criteria as may be determined by

the Department.

The findings and the conclusions of the parity compliance

market conduct examinations and audits shall be made public.

The Director may adopt rules to effectuate any provisions

of the Paul Wellstone and Pete Domenici Mental Health Parity

and Addiction Equity Act of 2008 that relate to the business of

insurance.

(e) Availability of plan information.

(1) The criteria for medical necessity determinations

made under a group health plan, an individual policy of

accident and health insurance, or a qualified health plan

offered through the health insurance marketplace with

respect to mental health or substance use disorder benefits

(or health insurance coverage offered in connection with

the plan with respect to such benefits) must be made

available by the plan administrator (or the health

insurance issuer offering such coverage) to any current or

potential participant, beneficiary, or contracting

provider upon request.

(2) The reason for any denial under a group health

benefit plan, an individual policy of accident and health

insurance, or a qualified health plan offered through the

health insurance marketplace (or health insurance coverage

offered in connection with such plan or policy) of

reimbursement or payment for services with respect to

mental, emotional, nervous, or substance use disorders or

conditions benefits in the case of any participant or

beneficiary must be made available within a reasonable time

and in a reasonable manner and in readily understandable

language by the plan administrator (or the health insurance

issuer offering such coverage) to the participant or

beneficiary upon request.

(f) As used in this Section, "group policy of accident and

health insurance" and "group health benefit plan" includes (1)

State-regulated employer-sponsored group health insurance

plans written in Illinois or which purport to provide coverage

for a resident of this State; and (2) State employee health

plans.

(g) (1) As used in this subsection:

"Benefits", with respect to insurers, means the benefits

provided for treatment services for inpatient and outpatient

treatment of substance use disorders or conditions at American

Society of Addiction Medicine levels of treatment 2.1

(Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1

(Clinically Managed Low-Intensity Residential), 3.3

(Clinically Managed Population-Specific High-Intensity

Residential), 3.5 (Clinically Managed High-Intensity

Residential), and 3.7 (Medically Monitored Intensive

Inpatient) and OMT (Opioid Maintenance Therapy) services.

"Benefits", with respect to managed care organizations,

means the benefits provided for treatment services for

inpatient and outpatient treatment of substance use disorders

or conditions at American Society of Addiction Medicine levels

of treatment 2.1 (Intensive Outpatient), 2.5 (Partial

Hospitalization), 3.5 (Clinically Managed High-Intensity

Residential), and 3.7 (Medically Monitored Intensive

Inpatient) and OMT (Opioid Maintenance Therapy) services.

"Substance use disorder treatment provider or facility"

means a licensed physician, licensed psychologist, licensed

psychiatrist, licensed advanced practice registered nurse, or

licensed, certified, or otherwise State-approved facility or

provider of substance use disorder treatment.

(2) A group health insurance policy, an individual health

benefit plan, or qualified health plan that is offered through

the health insurance marketplace, small employer group health

plan, and large employer group health plan that is amended,

delivered, issued, executed, or renewed in this State, or

approved for issuance or renewal in this State, on or after

January 1, 2019 (the effective date of Public Act 100-1023)

this amendatory Act of the 100th General Assembly shall comply

with the requirements of this Section and Section 370c.1. The

services for the treatment and the ongoing assessment of the

patient's progress in treatment shall follow the requirements

of 77 Ill. Adm. Code 2060.

(3) Prior authorization shall not be utilized for the

benefits under this subsection. The substance use disorder

treatment provider or facility shall notify the insurer of the

initiation of treatment. For an insurer that is not a managed

care organization, the substance use disorder treatment

provider or facility notification shall occur for the

initiation of treatment of the covered person within 2 business

days. For managed care organizations, the substance use

disorder treatment provider or facility notification shall

occur in accordance with the protocol set forth in the provider

agreement for initiation of treatment within 24 hours. If the

managed care organization is not capable of accepting the

notification in accordance with the contractual protocol

during the 24-hour period following admission, the substance

use disorder treatment provider or facility shall have one

additional business day to provide the notification to the

appropriate managed care organization. Treatment plans shall

be developed in accordance with the requirements and timeframes

established in 77 Ill. Adm. Code 2060. If the substance use

disorder treatment provider or facility fails to notify the

insurer of the initiation of treatment in accordance with these

provisions, the insurer may follow its normal prior

authorization processes.

(4) For an insurer that is not a managed care organization,

if an insurer determines that benefits are no longer medically

necessary, the insurer shall notify the covered person, the

covered person's authorized representative, if any, and the

covered person's health care provider in writing of the covered

person's right to request an external review pursuant to the

Health Carrier External Review Act. The notification shall

occur within 24 hours following the adverse determination.

Pursuant to the requirements of the Health Carrier External

Review Act, the covered person or the covered person's

authorized representative may request an expedited external

review. An expedited external review may not occur if the

substance use disorder treatment provider or facility

determines that continued treatment is no longer medically

necessary. Under this subsection, a request for expedited

external review must be initiated within 24 hours following the

adverse determination notification by the insurer. Failure to

request an expedited external review within 24 hours shall

preclude a covered person or a covered person's authorized

representative from requesting an expedited external review.

If an expedited external review request meets the criteria

of the Health Carrier External Review Act, an independent

review organization shall make a final determination of medical

necessity within 72 hours. If an independent review

organization upholds an adverse determination, an insurer

shall remain responsible to provide coverage of benefits

through the day following the determination of the independent

review organization. A decision to reverse an adverse

determination shall comply with the Health Carrier External

Review Act.

(5) The substance use disorder treatment provider or

facility shall provide the insurer with 7 business days'

advance notice of the planned discharge of the patient from the

substance use disorder treatment provider or facility and

notice on the day that the patient is discharged from the

substance use disorder treatment provider or facility.

(6) The benefits required by this subsection shall be

provided to all covered persons with a diagnosis of substance

use disorder or conditions. The presence of additional related

or unrelated diagnoses shall not be a basis to reduce or deny

the benefits required by this subsection.

(7) Nothing in this subsection shall be construed to

require an insurer to provide coverage for any of the benefits

in this subsection.

(Source: P.A. 99-480, eff. 9-9-15; 100-305, eff. 8-24-17;

100-1023, eff. 1-1-19; 100-1024, eff. 1-1-19; revised

10-18-18.)

(215 ILCS 5/452) (from Ch. 73, par. 1064)

Sec. 452. Civil Administrative Code of Illinois. Nothing in

this Code contained shall be held or construed to alter,

modify, or repeal any of the provisions of the Civil

Administrative Code of Illinois an Act entitled "An Act In

Relation to Civil Administration of the State Government and to

Repeal Certain Acts Therein Named," approved March 7, 1917, and

amendments thereto.

(Source: Laws 1937, p. 696; revised 10-19-18.)

Section 460. The Health Maintenance Organization Act is

amended by changing Section 5-3 as follows:

(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

Sec. 5-3. Insurance Code provisions.

(a) Health Maintenance Organizations shall be subject to

the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,

141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,

154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,

355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,

356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,

356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.21,

356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 364,

364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e,

370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412,

444, and 444.1, paragraph (c) of subsection (2) of Section 367,

and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV,

and XXVI of the Illinois Insurance Code.

(b) For purposes of the Illinois Insurance Code, except for

Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health

Maintenance Organizations in the following categories are

deemed to be "domestic companies":

(1) a corporation authorized under the Dental Service

Plan Act or the Voluntary Health Services Plans Act;

(2) a corporation organized under the laws of this

State; or

(3) a corporation organized under the laws of another

state, 30% or more of the enrollees of which are residents

of this State, except a corporation subject to

substantially the same requirements in its state of

organization as is a "domestic company" under Article VIII

1/2 of the Illinois Insurance Code.

(c) In considering the merger, consolidation, or other

acquisition of control of a Health Maintenance Organization

pursuant to Article VIII 1/2 of the Illinois Insurance Code,

(1) the Director shall give primary consideration to

the continuation of benefits to enrollees and the financial

conditions of the acquired Health Maintenance Organization

after the merger, consolidation, or other acquisition of

control takes effect;

(2)(i) the criteria specified in subsection (1)(b) of

Section 131.8 of the Illinois Insurance Code shall not

apply and (ii) the Director, in making his determination

with respect to the merger, consolidation, or other

acquisition of control, need not take into account the

effect on competition of the merger, consolidation, or

other acquisition of control;

(3) the Director shall have the power to require the

following information:

(A) certification by an independent actuary of the

adequacy of the reserves of the Health Maintenance

Organization sought to be acquired;

(B) pro forma financial statements reflecting the

combined balance sheets of the acquiring company and

the Health Maintenance Organization sought to be

acquired as of the end of the preceding year and as of

a date 90 days prior to the acquisition, as well as pro

forma financial statements reflecting projected

combined operation for a period of 2 years;

(C) a pro forma business plan detailing an

acquiring party's plans with respect to the operation

of the Health Maintenance Organization sought to be

acquired for a period of not less than 3 years; and

(D) such other information as the Director shall

require.

(d) The provisions of Article VIII 1/2 of the Illinois

Insurance Code and this Section 5-3 shall apply to the sale by

any health maintenance organization of greater than 10% of its

enrollee population (including without limitation the health

maintenance organization's right, title, and interest in and to

its health care certificates).

(e) In considering any management contract or service

agreement subject to Section 141.1 of the Illinois Insurance

Code, the Director (i) shall, in addition to the criteria

specified in Section 141.2 of the Illinois Insurance Code, take

into account the effect of the management contract or service

agreement on the continuation of benefits to enrollees and the

financial condition of the health maintenance organization to

be managed or serviced, and (ii) need not take into account the

effect of the management contract or service agreement on

competition.

(f) Except for small employer groups as defined in the

Small Employer Rating, Renewability and Portability Health

Insurance Act and except for medicare supplement policies as

defined in Section 363 of the Illinois Insurance Code, a Health

Maintenance Organization may by contract agree with a group or

other enrollment unit to effect refunds or charge additional

premiums under the following terms and conditions:

(i) the amount of, and other terms and conditions with

respect to, the refund or additional premium are set forth

in the group or enrollment unit contract agreed in advance

of the period for which a refund is to be paid or

additional premium is to be charged (which period shall not

be less than one year); and

(ii) the amount of the refund or additional premium

shall not exceed 20% of the Health Maintenance

Organization's profitable or unprofitable experience with

respect to the group or other enrollment unit for the

period (and, for purposes of a refund or additional

premium, the profitable or unprofitable experience shall

be calculated taking into account a pro rata share of the

Health Maintenance Organization's administrative and

marketing expenses, but shall not include any refund to be

made or additional premium to be paid pursuant to this

subsection (f)). The Health Maintenance Organization and

the group or enrollment unit may agree that the profitable

or unprofitable experience may be calculated taking into

account the refund period and the immediately preceding 2

plan years.

The Health Maintenance Organization shall include a

statement in the evidence of coverage issued to each enrollee

describing the possibility of a refund or additional premium,

and upon request of any group or enrollment unit, provide to

the group or enrollment unit a description of the method used

to calculate (1) the Health Maintenance Organization's

profitable experience with respect to the group or enrollment

unit and the resulting refund to the group or enrollment unit

or (2) the Health Maintenance Organization's unprofitable

experience with respect to the group or enrollment unit and the

resulting additional premium to be paid by the group or

enrollment unit.

In no event shall the Illinois Health Maintenance

Organization Guaranty Association be liable to pay any

contractual obligation of an insolvent organization to pay any

refund authorized under this Section.

(g) Rulemaking authority to implement Public Act 95-1045,

if any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;

100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff.

8-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised

10-4-18.)

Section 465. The Limited Health Service Organization Act is

amended by changing Section 4003 as follows:

(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)

Sec. 4003. Illinois Insurance Code provisions. Limited

health service organizations shall be subject to the provisions

of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,

143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,

154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,

356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.32,

368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444,

and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII

1/2, XXV, and XXVI of the Illinois Insurance Code. For purposes

of the Illinois Insurance Code, except for Sections 444 and

444.1 and Articles XIII and XIII 1/2, limited health service

organizations in the following categories are deemed to be

domestic companies:

(1) a corporation under the laws of this State; or

(2) a corporation organized under the laws of another

state, 30% or more of the enrollees of which are residents

of this State, except a corporation subject to

substantially the same requirements in its state of

organization as is a domestic company under Article VIII

1/2 of the Illinois Insurance Code.

(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;

100-201, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1057, eff.

1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)

Section 470. The Voluntary Health Services Plans Act is

amended by changing Section 10 as follows:

(215 ILCS 165/10) (from Ch. 32, par. 604)

Sec. 10. Application of Insurance Code provisions. Health

services plan corporations and all persons interested therein

or dealing therewith shall be subject to the provisions of

Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,

143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,

356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,

356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9,

356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18,

356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,

356z.32, 364.01, 367.2, 368a, 401, 401.1, 402, 403, 403A, 408,

408.2, and 412, and paragraphs (7) and (15) of Section 367 of

the Illinois Insurance Code.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;

100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.

1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)

Section 475. The Public Utilities Act is amended by

changing Sections 4-304, 7-204, and 8-103B as follows:

(220 ILCS 5/4-304) (from Ch. 111 2/3, par. 4-304)

Sec. 4-304. Beginning in 1986, the Commission shall prepare

an annual report which shall be filed by January 31 of each

year with the Joint Committee on Legislative Support Services

of the General Assembly and the Governor and which shall be

publicly available. Such report shall include:

(1) A general review of agency activities and changes,

including:

(a) a review of significant decisions and other

regulatory actions for the preceding year, and pending

cases, and an analysis of the impact of such decisions

and actions, and potential impact of any significant

pending cases;

(b) for each significant decision, regulatory

action and pending case, a description of the positions

advocated by major parties, including Commission

staff, and for each such decision rendered or action

taken, the position adopted by the Commission and

reason therefor;

(c) a description of the Commission's budget,

caseload, and staff levels, including specifically:

(i) a breakdown by type of case of the cases

resolved and filed during the year and of pending

cases;

(ii) a description of the allocation of the

Commission's budget, identifying amounts budgeted

for each significant regulatory function or

activity and for each department, bureau, section,

division or office of the Commission and its

employees;

(iii) a description of current employee

levels, identifying any change occurring during

the year in the number of employees, personnel

policies and practices or compensation levels; and

identifying the number and type of employees

assigned to each Commission regulatory function

and to each department, bureau, section, division

or office of the Commission;

(d) a description of any significant changes in

Commission policies, programs or practices with

respect to agency organization and administration,

hearings and procedures or substantive regulatory

activity.

(2) A discussion and analysis of the state of each

utility industry regulated by the Commission and

significant changes, trends and developments therein,

including the number and types of firms offering each

utility service, existing, new and prospective

technologies, variations in the quality, availability and

price for utility services in different geographic areas of

the State, and any other industry factors or circumstances

which may affect the public interest or the regulation of

such industries.

(3) A specific discussion of the energy planning

responsibilities and activities of the Commission and

energy utilities, including:

(a) the extent to which conservation,

cogeneration, renewable energy technologies and

improvements in energy efficiency are being utilized

by energy consumers, the extent to which additional

potential exists for the economical utilization of

such supplies, and a description of existing and

proposed programs and policies designed to promote and

encourage such utilization;

(b) a description of each energy plan filed with

the Commission pursuant to the provisions of this Act,

and a copy, or detailed summary of the most recent

energy plans adopted by the Commission;

(c) a discussion of the powers by which the

Commission is implementing the planning

responsibilities of Article VIII, including a

description of the staff and budget assigned to such

function, the procedures by which Commission staff

reviews and analyzes energy plans submitted by the

utilities, the Department of Natural Resources, and

any other person or party; and

(d) a summary of the adoption of solar photovoltaic

systems by residential and small business consumers in

Illinois and a description of any and all barriers to

residential and small business consumers' financing,

installation, and valuation of energy produced by

solar photovoltaic systems; electric utilities,

alternative retail electric suppliers, and installers

of distributed generation shall provide all

information requested by the Commission or its staff

necessary to complete the analysis required by this

paragraph (d).

(4) A discussion of the extent to which utility

services are available to all Illinois citizens including:

(a) the percentage and number of persons or

households requiring each such service who are not

receiving such service, and the reasons therefor

therefore, including specifically the number of such

persons or households who are unable to afford such

service;

(b) a critical analysis of existing programs

designed to promote and preserve the availability and

affordability of utility services; and

(c) an analysis of the financial impact on

utilities and other ratepayers of the inability of some

customers or potential customers to afford utility

service, including the number of service

disconnections and reconnections, and cost thereof and

the dollar amount of uncollectible accounts recovered

through rates.

(5) A detailed description of the means by which the

Commission is implementing its new statutory

responsibilities under this Act, and the status of such

implementation, including specifically:

(a) Commission reorganization resulting from the

addition of an Executive Director and administrative

law judge qualifications and review;

(b) Commission responsibilities for construction

and rate supervision, including construction cost

audits, management audits, excess capacity

adjustments, phase-ins of new plant and the means and

capability for monitoring and reevaluating existing or

future construction projects;

(c) promulgation and application of rules

concerning ex parte communications, circulation of

recommended orders and transcription of closed

meetings.

(6) A description of all appeals taken from Commission

orders, findings or decisions and the status and outcome of

such appeals.

(7) A description of the status of all studies and

investigations required by this Act, including those

ordered pursuant to Sections 9-244 and 13-301 and all such

subsequently ordered studies or investigations.

(8) A discussion of new or potential developments in

federal legislation, and federal agency and judicial

decisions relevant to State regulation of utility

services.

(9) All recommendations for appropriate legislative

action by the General Assembly.

The Commission may include such other information as it

deems to be necessary or beneficial in describing or explaining

its activities or regulatory responsibilities. The report

required by this Section shall be adopted by a vote of the full

Commission prior to filing.

(Source: P.A. 99-107, eff. 7-22-15; 100-840, eff. 8-13-18;

revised 10-19-18.)

(220 ILCS 5/7-204) (from Ch. 111 2/3, par. 7-204)

Sec. 7-204. Reorganization defined; Commission approval

therefore.

(a) For purposes of this Section, "reorganization" means

any transaction which, regardless of the means by which it is

accomplished, results in a change in the ownership of a

majority of the voting capital stock of an Illinois public

utility; or the ownership or control of any entity which owns

or controls a majority of the voting capital stock of a public

utility; or by which 2 public utilities merge, or by which a

public utility acquires substantially all of the assets of

another public utility; provided, however, that

"reorganization" as used in this Section shall not include a

mortgage or pledge transaction entered into to secure a bona

fide borrowing by the party granting the mortgage or making the

pledge.

In addition to the foregoing, "reorganization" shall

include for purposes of this Section any transaction which,

regardless of the means by which it is accomplished, will have

the effect of terminating the affiliated interest status of any

entity as defined in paragraph paragraphs (a), (b), (c) or (d)

of subsection (2) of Section 7-101 of this Act where such

entity had transactions with the public utility, in the 12

calendar months immediately preceding the date of termination

of such affiliated interest status subject to subsection (3) of

Section 7-101 of this Act with a value greater than 15% of the

public utility's revenues for that same 12-month period. If the

proposed transaction would have the effect of terminating the

affiliated interest status of more than one Illinois public

utility, the utility with the greatest revenues for the

12-month period shall be used to determine whether such

proposed transaction is a reorganization for the purposes of

this Section. The Commission shall have jurisdiction over any

reorganization as defined herein.

(b) No reorganization shall take place without prior

Commission approval. The Commission shall not approve any

proposed reorganization if the Commission finds, after notice

and hearing, that the reorganization will adversely affect the

utility's ability to perform its duties under this Act. The

Commission shall not approve any proposed reorganization

unless the Commission finds, after notice and hearing, that:

(1) the proposed reorganization will not diminish the

utility's ability to provide adequate, reliable,

efficient, safe and least-cost public utility service;

(2) the proposed reorganization will not result in the

unjustified subsidization of non-utility activities by the

utility or its customers;

(3) costs and facilities are fairly and reasonably

allocated between utility and non-utility activities in

such a manner that the Commission may identify those costs

and facilities which are properly included by the utility

for ratemaking purposes;

(4) the proposed reorganization will not significantly

impair the utility's ability to raise necessary capital on

reasonable terms or to maintain a reasonable capital

structure;

(5) the utility will remain subject to all applicable

laws, regulations, rules, decisions and policies governing

the regulation of Illinois public utilities;

(6) the proposed reorganization is not likely to have a

significant adverse effect on competition in those markets

over which the Commission has jurisdiction;

(7) the proposed reorganization is not likely to result

in any adverse rate impacts on retail customers.

(c) The Commission shall not approve a reorganization

without ruling on: (i) the allocation of any savings resulting

from the proposed reorganization; and (ii) whether the

companies should be allowed to recover any costs incurred in

accomplishing the proposed reorganization and, if so, the

amount of costs eligible for recovery and how the costs will be

allocated.

(d) The Commission shall issue its Order approving or

denying the proposed reorganization within 11 months after the

application is filed. The Commission may extend the deadline

for a period equivalent to the length of any delay which the

Commission finds to have been caused by the Applicant's failure

to provide data or information requested by the Commission or

that the Commission ordered the Applicant to provide to the

parties. The Commission may also extend the deadline by an

additional period not to exceed 3 months to consider amendments

to the Applicant's filing, or to consider reasonably

unforeseeable changes in circumstances subsequent to the

Applicant's initial filing.

(e) Subsections (c) and (d) and subparagraphs (6) and (7)

of subsection (b) of this Section shall apply only to merger

applications submitted to the Commission subsequent to April

23, 1997. No other Commission approvals shall be required for

mergers that are subject to this Section.

(f) In approving any proposed reorganization pursuant to

this Section the Commission may impose such terms, conditions

or requirements as, in its judgment, are necessary to protect

the interests of the public utility and its customers.

(Source: P.A. 100-840, eff. 8-13-18; revised 10-19-18.)

(220 ILCS 5/8-103B)

Sec. 8-103B. Energy efficiency and demand-response

measures.

(a) It is the policy of the State that electric utilities

are required to use cost-effective energy efficiency and

demand-response measures to reduce delivery load. Requiring

investment in cost-effective energy efficiency and

demand-response measures will reduce direct and indirect costs

to consumers by decreasing environmental impacts and by

avoiding or delaying the need for new generation, transmission,

and distribution infrastructure. It serves the public interest

to allow electric utilities to recover costs for reasonably and

prudently incurred expenditures for energy efficiency and

demand-response measures. As used in this Section,

"cost-effective" means that the measures satisfy the total

resource cost test. The low-income measures described in

subsection (c) of this Section shall not be required to meet

the total resource cost test. For purposes of this Section, the

terms "energy-efficiency", "demand-response", "electric

utility", and "total resource cost test" have the meanings set

forth in the Illinois Power Agency Act.

(a-5) This Section applies to electric utilities serving

more than 500,000 retail customers in the State for those

multi-year plans commencing after December 31, 2017.

(b) For purposes of this Section, electric utilities

subject to this Section that serve more than 3,000,000 retail

customers in the State shall be deemed to have achieved a

cumulative persisting annual savings of 6.6% from energy

efficiency measures and programs implemented during the period

beginning January 1, 2012 and ending December 31, 2017, which

percent is based on the deemed average weather normalized sales

of electric power and energy during calendar years 2014, 2015,

and 2016 of 88,000,000 MWhs. For the purposes of this

subsection (b) and subsection (b-5), the 88,000,000 MWhs of

deemed electric power and energy sales shall be reduced by the

number of MWhs equal to the sum of the annual consumption of

customers that are exempt from subsections (a) through (j) of

this Section under subsection (l) of this Section, as averaged

across the calendar years 2014, 2015, and 2016. After 2017, the

deemed value of cumulative persisting annual savings from

energy efficiency measures and programs implemented during the

period beginning January 1, 2012 and ending December 31, 2017,

shall be reduced each year, as follows, and the applicable

value shall be applied to and count toward the utility's

achievement of the cumulative persisting annual savings goals

set forth in subsection (b-5):

(1) 5.8% deemed cumulative persisting annual savings

for the year ending December 31, 2018;

(2) 5.2% deemed cumulative persisting annual savings

for the year ending December 31, 2019;

(3) 4.5% deemed cumulative persisting annual savings

for the year ending December 31, 2020;

(4) 4.0% deemed cumulative persisting annual savings

for the year ending December 31, 2021;

(5) 3.5% deemed cumulative persisting annual savings

for the year ending December 31, 2022;

(6) 3.1% deemed cumulative persisting annual savings

for the year ending December 31, 2023;

(7) 2.8% deemed cumulative persisting annual savings

for the year ending December 31, 2024;

(8) 2.5% deemed cumulative persisting annual savings

for the year ending December 31, 2025;

(9) 2.3% deemed cumulative persisting annual savings

for the year ending December 31, 2026;

(10) 2.1% deemed cumulative persisting annual savings

for the year ending December 31, 2027;

(11) 1.8% deemed cumulative persisting annual savings

for the year ending December 31, 2028;

(12) 1.7% deemed cumulative persisting annual savings

for the year ending December 31, 2029; and

(13) 1.5% deemed cumulative persisting annual savings

for the year ending December 31, 2030.

For purposes of this Section, "cumulative persisting

annual savings" means the total electric energy savings in a

given year from measures installed in that year or in previous

years, but no earlier than January 1, 2012, that are still

operational and providing savings in that year because the

measures have not yet reached the end of their useful lives.

(b-5) Beginning in 2018, electric utilities subject to this

Section that serve more than 3,000,000 retail customers in the

State shall achieve the following cumulative persisting annual

savings goals, as modified by subsection (f) of this Section

and as compared to the deemed baseline of 88,000,000 MWhs of

electric power and energy sales set forth in subsection (b), as

reduced by the number of MWhs equal to the sum of the annual

consumption of customers that are exempt from subsections (a)

through (j) of this Section under subsection (l) of this

Section as averaged across the calendar years 2014, 2015, and

2016, through the implementation of energy efficiency measures

during the applicable year and in prior years, but no earlier

than January 1, 2012:

(1) 7.8% cumulative persisting annual savings for the

year ending December 31, 2018;

(2) 9.1% cumulative persisting annual savings for the

year ending December 31, 2019;

(3) 10.4% cumulative persisting annual savings for the

year ending December 31, 2020;

(4) 11.8% cumulative persisting annual savings for the

year ending December 31, 2021;

(5) 13.1% cumulative persisting annual savings for the

year ending December 31, 2022;

(6) 14.4% cumulative persisting annual savings for the

year ending December 31, 2023;

(7) 15.7% cumulative persisting annual savings for the

year ending December 31, 2024;

(8) 17% cumulative persisting annual savings for the

year ending December 31, 2025;

(9) 17.9% cumulative persisting annual savings for the

year ending December 31, 2026;

(10) 18.8% cumulative persisting annual savings for

the year ending December 31, 2027;

(11) 19.7% cumulative persisting annual savings for

the year ending December 31, 2028;

(12) 20.6% cumulative persisting annual savings for

the year ending December 31, 2029; and

(13) 21.5% cumulative persisting annual savings for

the year ending December 31, 2030.

(b-10) For purposes of this Section, electric utilities

subject to this Section that serve less than 3,000,000 retail

customers but more than 500,000 retail customers in the State

shall be deemed to have achieved a cumulative persisting annual

savings of 6.6% from energy efficiency measures and programs

implemented during the period beginning January 1, 2012 and

ending December 31, 2017, which is based on the deemed average

weather normalized sales of electric power and energy during

calendar years 2014, 2015, and 2016 of 36,900,000 MWhs. For the

purposes of this subsection (b-10) and subsection (b-15), the

36,900,000 MWhs of deemed electric power and energy sales shall

be reduced by the number of MWhs equal to the sum of the annual

consumption of customers that are exempt from subsections (a)

through (j) of this Section under subsection (l) of this

Section, as averaged across the calendar years 2014, 2015, and

2016. After 2017, the deemed value of cumulative persisting

annual savings from energy efficiency measures and programs

implemented during the period beginning January 1, 2012 and

ending December 31, 2017, shall be reduced each year, as

follows, and the applicable value shall be applied to and count

toward the utility's achievement of the cumulative persisting

annual savings goals set forth in subsection (b-15):

(1) 5.8% deemed cumulative persisting annual savings

for the year ending December 31, 2018;

(2) 5.2% deemed cumulative persisting annual savings

for the year ending December 31, 2019;

(3) 4.5% deemed cumulative persisting annual savings

for the year ending December 31, 2020;

(4) 4.0% deemed cumulative persisting annual savings

for the year ending December 31, 2021;

(5) 3.5% deemed cumulative persisting annual savings

for the year ending December 31, 2022;

(6) 3.1% deemed cumulative persisting annual savings

for the year ending December 31, 2023;

(7) 2.8% deemed cumulative persisting annual savings

for the year ending December 31, 2024;

(8) 2.5% deemed cumulative persisting annual savings

for the year ending December 31, 2025;

(9) 2.3% deemed cumulative persisting annual savings

for the year ending December 31, 2026;

(10) 2.1% deemed cumulative persisting annual savings

for the year ending December 31, 2027;

(11) 1.8% deemed cumulative persisting annual savings

for the year ending December 31, 2028;

(12) 1.7% deemed cumulative persisting annual savings

for the year ending December 31, 2029; and

(13) 1.5% deemed cumulative persisting annual savings

for the year ending December 31, 2030.

(b-15) Beginning in 2018, electric utilities subject to

this Section that serve less than 3,000,000 retail customers

but more than 500,000 retail customers in the State shall

achieve the following cumulative persisting annual savings

goals, as modified by subsection (b-20) and subsection (f) of

this Section and as compared to the deemed baseline as reduced

by the number of MWhs equal to the sum of the annual

consumption of customers that are exempt from subsections (a)

through (j) of this Section under subsection (l) of this

Section as averaged across the calendar years 2014, 2015, and

2016, through the implementation of energy efficiency measures

during the applicable year and in prior years, but no earlier

than January 1, 2012:

(1) 7.4% cumulative persisting annual savings for the

year ending December 31, 2018;

(2) 8.2% cumulative persisting annual savings for the

year ending December 31, 2019;

(3) 9.0% cumulative persisting annual savings for the

year ending December 31, 2020;

(4) 9.8% cumulative persisting annual savings for the

year ending December 31, 2021;

(5) 10.6% cumulative persisting annual savings for the

year ending December 31, 2022;

(6) 11.4% cumulative persisting annual savings for the

year ending December 31, 2023;

(7) 12.2% cumulative persisting annual savings for the

year ending December 31, 2024;

(8) 13% cumulative persisting annual savings for the

year ending December 31, 2025;

(9) 13.6% cumulative persisting annual savings for the

year ending December 31, 2026;

(10) 14.2% cumulative persisting annual savings for

the year ending December 31, 2027;

(11) 14.8% cumulative persisting annual savings for

the year ending December 31, 2028;

(12) 15.4% cumulative persisting annual savings for

the year ending December 31, 2029; and

(13) 16% cumulative persisting annual savings for the

year ending December 31, 2030.

The difference between the cumulative persisting annual

savings goal for the applicable calendar year and the

cumulative persisting annual savings goal for the immediately

preceding calendar year is 0.8% for the period of January 1,

2018 through December 31, 2025 and 0.6% for the period of

January 1, 2026 through December 31, 2030.

(b-20) Each electric utility subject to this Section may

include cost-effective voltage optimization measures in its

plans submitted under subsections (f) and (g) of this Section,

and the costs incurred by a utility to implement the measures

under a Commission-approved plan shall be recovered under the

provisions of Article IX or Section 16-108.5 of this Act. For

purposes of this Section, the measure life of voltage

optimization measures shall be 15 years. The measure life

period is independent of the depreciation rate of the voltage

optimization assets deployed.

Within 270 days after June 1, 2017 (the effective date of

Public Act 99-906) this amendatory Act of the 99th General

Assembly, an electric utility that serves less than 3,000,000

retail customers but more than 500,000 retail customers in the

State shall file a plan with the Commission that identifies the

cost-effective voltage optimization investment the electric

utility plans to undertake through December 31, 2024. The

Commission, after notice and hearing, shall approve or approve

with modification the plan within 120 days after the plan's

filing and, in the order approving or approving with

modification the plan, the Commission shall adjust the

applicable cumulative persisting annual savings goals set

forth in subsection (b-15) to reflect any amount of

cost-effective energy savings approved by the Commission that

is greater than or less than the following cumulative

persisting annual savings values attributable to voltage

optimization for the applicable year:

(1) 0.0% of cumulative persisting annual savings for

the year ending December 31, 2018;

(2) 0.17% of cumulative persisting annual savings for

the year ending December 31, 2019;

(3) 0.17% of cumulative persisting annual savings for

the year ending December 31, 2020;

(4) 0.33% of cumulative persisting annual savings for

the year ending December 31, 2021;

(5) 0.5% of cumulative persisting annual savings for

the year ending December 31, 2022;

(6) 0.67% of cumulative persisting annual savings for

the year ending December 31, 2023;

(7) 0.83% of cumulative persisting annual savings for

the year ending December 31, 2024; and

(8) 1.0% of cumulative persisting annual savings for

the year ending December 31, 2025.

(b-25) In the event an electric utility jointly offers an

energy efficiency measure or program with a gas utility under

plans approved under this Section and Section 8-104 of this

Act, the electric utility may continue offering the program,

including the gas energy efficiency measures, in the event the

gas utility discontinues funding the program. In that event,

the energy savings value associated with such other fuels shall

be converted to electric energy savings on an equivalent Btu

basis for the premises. However, the electric utility shall

prioritize programs for low-income residential customers to

the extent practicable. An electric utility may recover the

costs of offering the gas energy efficiency measures under this

subsection (b-25).

For those energy efficiency measures or programs that save

both electricity and other fuels but are not jointly offered

with a gas utility under plans approved under this Section and

Section 8-104 or not offered with an affiliated gas utility

under paragraph (6) of subsection (f) of Section 8-104 of this

Act, the electric utility may count savings of fuels other than

electricity toward the achievement of its annual savings goal,

and the energy savings value associated with such other fuels

shall be converted to electric energy savings on an equivalent

Btu basis at the premises.

In no event shall more than 10% of each year's applicable

annual incremental goal as defined in paragraph (7) of

subsection (g) of this Section be met through savings of fuels

other than electricity.

(c) Electric utilities shall be responsible for overseeing

the design, development, and filing of energy efficiency plans

with the Commission and may, as part of that implementation,

outsource various aspects of program development and

implementation. A minimum of 10%, for electric utilities that

serve more than 3,000,000 retail customers in the State, and a

minimum of 7%, for electric utilities that serve less than

3,000,000 retail customers but more than 500,000 retail

customers in the State, of the utility's entire portfolio

funding level for a given year shall be used to procure

cost-effective energy efficiency measures from units of local

government, municipal corporations, school districts, public

housing, and community college districts, provided that a

minimum percentage of available funds shall be used to procure

energy efficiency from public housing, which percentage shall

be equal to public housing's share of public building energy

consumption.

The utilities shall also implement energy efficiency

measures targeted at low-income households, which, for

purposes of this Section, shall be defined as households at or

below 80% of area median income, and expenditures to implement

the measures shall be no less than $25,000,000 per year for

electric utilities that serve more than 3,000,000 retail

customers in the State and no less than $8,350,000 per year for

electric utilities that serve less than 3,000,000 retail

customers but more than 500,000 retail customers in the State.

Each electric utility shall assess opportunities to

implement cost-effective energy efficiency measures and

programs through a public housing authority or authorities

located in its service territory. If such opportunities are

identified, the utility shall propose such measures and

programs to address the opportunities. Expenditures to address

such opportunities shall be credited toward the minimum

procurement and expenditure requirements set forth in this

subsection (c).

Implementation of energy efficiency measures and programs

targeted at low-income households should be contracted, when it

is practicable, to independent third parties that have

demonstrated capabilities to serve such households, with a

preference for not-for-profit entities and government agencies

that have existing relationships with or experience serving

low-income communities in the State.

Each electric utility shall develop and implement

reporting procedures that address and assist in determining the

amount of energy savings that can be applied to the low-income

procurement and expenditure requirements set forth in this

subsection (c).

The electric utilities shall also convene a low-income

energy efficiency advisory committee to assist in the design

and evaluation of the low-income energy efficiency programs.

The committee shall be comprised of the electric utilities

subject to the requirements of this Section, the gas utilities

subject to the requirements of Section 8-104 of this Act, the

utilities' low-income energy efficiency implementation

contractors, and representatives of community-based

organizations.

(d) Notwithstanding any other provision of law to the

contrary, a utility providing approved energy efficiency

measures and, if applicable, demand-response measures in the

State shall be permitted to recover all reasonable and

prudently incurred costs of those measures from all retail

customers, except as provided in subsection (l) of this

Section, as follows, provided that nothing in this subsection

(d) permits the double recovery of such costs from customers:

(1) The utility may recover its costs through an

automatic adjustment clause tariff filed with and approved

by the Commission. The tariff shall be established outside

the context of a general rate case. Each year the

Commission shall initiate a review to reconcile any amounts

collected with the actual costs and to determine the

required adjustment to the annual tariff factor to match

annual expenditures. To enable the financing of the

incremental capital expenditures, including regulatory

assets, for electric utilities that serve less than

3,000,000 retail customers but more than 500,000 retail

customers in the State, the utility's actual year-end

capital structure that includes a common equity ratio,

excluding goodwill, of up to and including 50% of the total

capital structure shall be deemed reasonable and used to

set rates.

(2) A utility may recover its costs through an energy

efficiency formula rate approved by the Commission under a

filing under subsections (f) and (g) of this Section, which

shall specify the cost components that form the basis of

the rate charged to customers with sufficient specificity

to operate in a standardized manner and be updated annually

with transparent information that reflects the utility's

actual costs to be recovered during the applicable rate

year, which is the period beginning with the first billing

day of January and extending through the last billing day

of the following December. The energy efficiency formula

rate shall be implemented through a tariff filed with the

Commission under subsections (f) and (g) of this Section

that is consistent with the provisions of this paragraph

(2) and that shall be applicable to all delivery services

customers. The Commission shall conduct an investigation

of the tariff in a manner consistent with the provisions of

this paragraph (2), subsections (f) and (g) of this

Section, and the provisions of Article IX of this Act to

the extent they do not conflict with this paragraph (2).

The energy efficiency formula rate approved by the

Commission shall remain in effect at the discretion of the

utility and shall do the following:

(A) Provide for the recovery of the utility's

actual costs incurred under this Section that are

prudently incurred and reasonable in amount consistent

with Commission practice and law. The sole fact that a

cost differs from that incurred in a prior calendar

year or that an investment is different from that made

in a prior calendar year shall not imply the imprudence

or unreasonableness of that cost or investment.

(B) Reflect the utility's actual year-end capital

structure for the applicable calendar year, excluding

goodwill, subject to a determination of prudence and

reasonableness consistent with Commission practice and

law. To enable the financing of the incremental capital

expenditures, including regulatory assets, for

electric utilities that serve less than 3,000,000

retail customers but more than 500,000 retail

customers in the State, a participating electric

utility's actual year-end capital structure that

includes a common equity ratio, excluding goodwill, of

up to and including 50% of the total capital structure

shall be deemed reasonable and used to set rates.

(C) Include a cost of equity, which shall be

calculated as the sum of the following:

(i) the average for the applicable calendar

year of the monthly average yields of 30-year U.S.

Treasury bonds published by the Board of Governors

of the Federal Reserve System in its weekly H.15

Statistical Release or successor publication; and

(ii) 580 basis points.

At such time as the Board of Governors of the

Federal Reserve System ceases to include the monthly

average yields of 30-year U.S. Treasury bonds in its

weekly H.15 Statistical Release or successor

publication, the monthly average yields of the U.S.

Treasury bonds then having the longest duration

published by the Board of Governors in its weekly H.15

Statistical Release or successor publication shall

instead be used for purposes of this paragraph (2).

(D) Permit and set forth protocols, subject to a

determination of prudence and reasonableness

consistent with Commission practice and law, for the

following:

(i) recovery of incentive compensation expense

that is based on the achievement of operational

metrics, including metrics related to budget

controls, outage duration and frequency, safety,

customer service, efficiency and productivity, and

environmental compliance; however, this protocol

shall not apply if such expense related to costs

incurred under this Section is recovered under

Article IX or Section 16-108.5 of this Act;

incentive compensation expense that is based on

net income or an affiliate's earnings per share

shall not be recoverable under the energy

efficiency formula rate;

(ii) recovery of pension and other

post-employment benefits expense, provided that

such costs are supported by an actuarial study;

however, this protocol shall not apply if such

expense related to costs incurred under this

Section is recovered under Article IX or Section

16-108.5 of this Act;

(iii) recovery of existing regulatory assets

over the periods previously authorized by the

Commission;

(iv) as described in subsection (e),

amortization of costs incurred under this Section;

and

(v) projected, weather normalized billing

determinants for the applicable rate year.

(E) Provide for an annual reconciliation, as

described in paragraph (3) of this subsection (d), less

any deferred taxes related to the reconciliation, with

interest at an annual rate of return equal to the

utility's weighted average cost of capital, including

a revenue conversion factor calculated to recover or

refund all additional income taxes that may be payable

or receivable as a result of that return, of the energy

efficiency revenue requirement reflected in rates for

each calendar year, beginning with the calendar year in

which the utility files its energy efficiency formula

rate tariff under this paragraph (2), with what the

revenue requirement would have been had the actual cost

information for the applicable calendar year been

available at the filing date.

The utility shall file, together with its tariff, the

projected costs to be incurred by the utility during the

rate year under the utility's multi-year plan approved

under subsections (f) and (g) of this Section, including,

but not limited to, the projected capital investment costs

and projected regulatory asset balances with

correspondingly updated depreciation and amortization

reserves and expense, that shall populate the energy

efficiency formula rate and set the initial rates under the

formula.

The Commission shall review the proposed tariff in

conjunction with its review of a proposed multi-year plan,

as specified in paragraph (5) of subsection (g) of this

Section. The review shall be based on the same evidentiary

standards, including, but not limited to, those concerning

the prudence and reasonableness of the costs incurred by

the utility, the Commission applies in a hearing to review

a filing for a general increase in rates under Article IX

of this Act. The initial rates shall take effect beginning

with the January monthly billing period following the

Commission's approval.

The tariff's rate design and cost allocation across

customer classes shall be consistent with the utility's

automatic adjustment clause tariff in effect on June 1,

2017 (the effective date of Public Act 99-906) this

amendatory Act of the 99th General Assembly; however, the

Commission may revise the tariff's rate design and cost

allocation in subsequent proceedings under paragraph (3)

of this subsection (d).

If the energy efficiency formula rate is terminated,

the then current rates shall remain in effect until such

time as the energy efficiency costs are incorporated into

new rates that are set under this subsection (d) or Article

IX of this Act, subject to retroactive rate adjustment,

with interest, to reconcile rates charged with actual

costs.

(3) The provisions of this paragraph (3) shall only

apply to an electric utility that has elected to file an

energy efficiency formula rate under paragraph (2) of this

subsection (d). Subsequent to the Commission's issuance of

an order approving the utility's energy efficiency formula

rate structure and protocols, and initial rates under

paragraph (2) of this subsection (d), the utility shall

file, on or before June 1 of each year, with the Chief

Clerk of the Commission its updated cost inputs to the

energy efficiency formula rate for the applicable rate year

and the corresponding new charges, as well as the

information described in paragraph (9) of subsection (g) of

this Section. Each such filing shall conform to the

following requirements and include the following

information:

(A) The inputs to the energy efficiency formula

rate for the applicable rate year shall be based on the

projected costs to be incurred by the utility during

the rate year under the utility's multi-year plan

approved under subsections (f) and (g) of this Section,

including, but not limited to, projected capital

investment costs and projected regulatory asset

balances with correspondingly updated depreciation and

amortization reserves and expense. The filing shall

also include a reconciliation of the energy efficiency

revenue requirement that was in effect for the prior

rate year (as set by the cost inputs for the prior rate

year) with the actual revenue requirement for the prior

rate year (determined using a year-end rate base) that

uses amounts reflected in the applicable FERC Form 1

that reports the actual costs for the prior rate year.

Any over-collection or under-collection indicated by

such reconciliation shall be reflected as a credit

against, or recovered as an additional charge to,

respectively, with interest calculated at a rate equal

to the utility's weighted average cost of capital

approved by the Commission for the prior rate year, the

charges for the applicable rate year. Such

over-collection or under-collection shall be adjusted

to remove any deferred taxes related to the

reconciliation, for purposes of calculating interest

at an annual rate of return equal to the utility's

weighted average cost of capital approved by the

Commission for the prior rate year, including a revenue

conversion factor calculated to recover or refund all

additional income taxes that may be payable or

receivable as a result of that return. Each

reconciliation shall be certified by the participating

utility in the same manner that FERC Form 1 is

certified. The filing shall also include the charge or

credit, if any, resulting from the calculation

required by subparagraph (E) of paragraph (2) of this

subsection (d).

Notwithstanding any other provision of law to the

contrary, the intent of the reconciliation is to

ultimately reconcile both the revenue requirement

reflected in rates for each calendar year, beginning

with the calendar year in which the utility files its

energy efficiency formula rate tariff under paragraph

(2) of this subsection (d), with what the revenue

requirement determined using a year-end rate base for

the applicable calendar year would have been had the

actual cost information for the applicable calendar

year been available at the filing date.

For purposes of this Section, "FERC Form 1" means

the Annual Report of Major Electric Utilities,

Licensees and Others that electric utilities are

required to file with the Federal Energy Regulatory

Commission under the Federal Power Act, Sections 3,

4(a), 304 and 209, modified as necessary to be

consistent with 83 Ill. Admin. Code Part 415 as of May

1, 2011. Nothing in this Section is intended to allow

costs that are not otherwise recoverable to be

recoverable by virtue of inclusion in FERC Form 1.

(B) The new charges shall take effect beginning on

the first billing day of the following January billing

period and remain in effect through the last billing

day of the next December billing period regardless of

whether the Commission enters upon a hearing under this

paragraph (3).

(C) The filing shall include relevant and

necessary data and documentation for the applicable

rate year. Normalization adjustments shall not be

required.

Within 45 days after the utility files its annual

update of cost inputs to the energy efficiency formula

rate, the Commission shall with reasonable notice,

initiate a proceeding concerning whether the projected

costs to be incurred by the utility and recovered during

the applicable rate year, and that are reflected in the

inputs to the energy efficiency formula rate, are

consistent with the utility's approved multi-year plan

under subsections (f) and (g) of this Section and whether

the costs incurred by the utility during the prior rate

year were prudent and reasonable. The Commission shall also

have the authority to investigate the information and data

described in paragraph (9) of subsection (g) of this

Section, including the proposed adjustment to the

utility's return on equity component of its weighted

average cost of capital. During the course of the

proceeding, each objection shall be stated with

particularity and evidence provided in support thereof,

after which the utility shall have the opportunity to rebut

the evidence. Discovery shall be allowed consistent with

the Commission's Rules of Practice, which Rules of Practice

shall be enforced by the Commission or the assigned

administrative law judge. The Commission shall apply the

same evidentiary standards, including, but not limited to,

those concerning the prudence and reasonableness of the

costs incurred by the utility, during the proceeding as it

would apply in a proceeding to review a filing for a

general increase in rates under Article IX of this Act. The

Commission shall not, however, have the authority in a

proceeding under this paragraph (3) to consider or order

any changes to the structure or protocols of the energy

efficiency formula rate approved under paragraph (2) of

this subsection (d). In a proceeding under this paragraph

(3), the Commission shall enter its order no later than the

earlier of 195 days after the utility's filing of its

annual update of cost inputs to the energy efficiency

formula rate or December 15. The utility's proposed return

on equity calculation, as described in paragraphs (7)

through (9) of subsection (g) of this Section, shall be

deemed the final, approved calculation on December 15 of

the year in which it is filed unless the Commission enters

an order on or before December 15, after notice and

hearing, that modifies such calculation consistent with

this Section. The Commission's determinations of the

prudence and reasonableness of the costs incurred, and

determination of such return on equity calculation, for the

applicable calendar year shall be final upon entry of the

Commission's order and shall not be subject to reopening,

reexamination, or collateral attack in any other

Commission proceeding, case, docket, order, rule, or

regulation; however, nothing in this paragraph (3) shall

prohibit a party from petitioning the Commission to rehear

or appeal to the courts the order under the provisions of

this Act.

(e) Beginning on June 1, 2017 (the effective date of Public

Act 99-906) this amendatory Act of the 99th General Assembly, a

utility subject to the requirements of this Section may elect

to defer, as a regulatory asset, up to the full amount of its

expenditures incurred under this Section for each annual

period, including, but not limited to, any expenditures

incurred above the funding level set by subsection (f) of this

Section for a given year. The total expenditures deferred as a

regulatory asset in a given year shall be amortized and

recovered over a period that is equal to the weighted average

of the energy efficiency measure lives implemented for that

year that are reflected in the regulatory asset. The

unamortized balance shall be recognized as of December 31 for a

given year. The utility shall also earn a return on the total

of the unamortized balances of all of the energy efficiency

regulatory assets, less any deferred taxes related to those

unamortized balances, at an annual rate equal to the utility's

weighted average cost of capital that includes, based on a

year-end capital structure, the utility's actual cost of debt

for the applicable calendar year and a cost of equity, which

shall be calculated as the sum of the (i) the average for the

applicable calendar year of the monthly average yields of

30-year U.S. Treasury bonds published by the Board of Governors

of the Federal Reserve System in its weekly H.15 Statistical

Release or successor publication; and (ii) 580 basis points,

including a revenue conversion factor calculated to recover or

refund all additional income taxes that may be payable or

receivable as a result of that return. Capital investment costs

shall be depreciated and recovered over their useful lives

consistent with generally accepted accounting principles. The

weighted average cost of capital shall be applied to the

capital investment cost balance, less any accumulated

depreciation and accumulated deferred income taxes, as of

December 31 for a given year.

When an electric utility creates a regulatory asset under

the provisions of this Section, the costs are recovered over a

period during which customers also receive a benefit which is

in the public interest. Accordingly, it is the intent of the

General Assembly that an electric utility that elects to create

a regulatory asset under the provisions of this Section shall

recover all of the associated costs as set forth in this

Section. After the Commission has approved the prudence and

reasonableness of the costs that comprise the regulatory asset,

the electric utility shall be permitted to recover all such

costs, and the value and recoverability through rates of the

associated regulatory asset shall not be limited, altered,

impaired, or reduced.

(f) Beginning in 2017, each electric utility shall file an

energy efficiency plan with the Commission to meet the energy

efficiency standards for the next applicable multi-year period

beginning January 1 of the year following the filing, according

to the schedule set forth in paragraphs (1) through (3) of this

subsection (f). If a utility does not file such a plan on or

before the applicable filing deadline for the plan, it shall

face a penalty of $100,000 per day until the plan is filed.

(1) No later than 30 days after June 1, 2017 (the

effective date of Public Act 99-906) this amendatory Act of

the 99th General Assembly or May 1, 2017, whichever is

later, each electric utility shall file a 4-year energy

efficiency plan commencing on January 1, 2018 that is

designed to achieve the cumulative persisting annual

savings goals specified in paragraphs (1) through (4) of

subsection (b-5) of this Section or in paragraphs (1)

through (4) of subsection (b-15) of this Section, as

applicable, through implementation of energy efficiency

measures; however, the goals may be reduced if the

utility's expenditures are limited pursuant to subsection

(m) of this Section or, for a utility that serves less than

3,000,000 retail customers, if each of the following

conditions are met: (A) the plan's analysis and forecasts

of the utility's ability to acquire energy savings

demonstrate that achievement of such goals is not cost

effective; and (B) the amount of energy savings achieved by

the utility as determined by the independent evaluator for

the most recent year for which savings have been evaluated

preceding the plan filing was less than the average annual

amount of savings required to achieve the goals for the

applicable 4-year plan period. Except as provided in

subsection (m) of this Section, annual increases in

cumulative persisting annual savings goals during the

applicable 4-year plan period shall not be reduced to

amounts that are less than the maximum amount of cumulative

persisting annual savings that is forecast to be

cost-effectively achievable during the 4-year plan period.

The Commission shall review any proposed goal reduction as

part of its review and approval of the utility's proposed

plan.

(2) No later than March 1, 2021, each electric utility

shall file a 4-year energy efficiency plan commencing on

January 1, 2022 that is designed to achieve the cumulative

persisting annual savings goals specified in paragraphs

(5) through (8) of subsection (b-5) of this Section or in

paragraphs (5) through (8) of subsection (b-15) of this

Section, as applicable, through implementation of energy

efficiency measures; however, the goals may be reduced if

the utility's expenditures are limited pursuant to

subsection (m) of this Section or, each of the following

conditions are met: (A) the plan's analysis and forecasts

of the utility's ability to acquire energy savings

demonstrate that achievement of such goals is not cost

effective; and (B) the amount of energy savings achieved by

the utility as determined by the independent evaluator for

the most recent year for which savings have been evaluated

preceding the plan filing was less than the average annual

amount of savings required to achieve the goals for the

applicable 4-year plan period. Except as provided in

subsection (m) of this Section, annual increases in

cumulative persisting annual savings goals during the

applicable 4-year plan period shall not be reduced to

amounts that are less than the maximum amount of cumulative

persisting annual savings that is forecast to be

cost-effectively achievable during the 4-year plan period.

The Commission shall review any proposed goal reduction as

part of its review and approval of the utility's proposed

plan.

(3) No later than March 1, 2025, each electric utility

shall file a 5-year energy efficiency plan commencing on

January 1, 2026 that is designed to achieve the cumulative

persisting annual savings goals specified in paragraphs

(9) through (13) of subsection (b-5) of this Section or in

paragraphs (9) through (13) of subsection (b-15) of this

Section, as applicable, through implementation of energy

efficiency measures; however, the goals may be reduced if

the utility's expenditures are limited pursuant to

subsection (m) of this Section or, each of the following

conditions are met: (A) the plan's analysis and forecasts

of the utility's ability to acquire energy savings

demonstrate that achievement of such goals is not cost

effective; and (B) the amount of energy savings achieved by

the utility as determined by the independent evaluator for

the most recent year for which savings have been evaluated

preceding the plan filing was less than the average annual

amount of savings required to achieve the goals for the

applicable 5-year plan period. Except as provided in

subsection (m) of this Section, annual increases in

cumulative persisting annual savings goals during the

applicable 5-year plan period shall not be reduced to

amounts that are less than the maximum amount of cumulative

persisting annual savings that is forecast to be

cost-effectively achievable during the 5-year plan period.

The Commission shall review any proposed goal reduction as

part of its review and approval of the utility's proposed

plan.

Each utility's plan shall set forth the utility's proposals

to meet the energy efficiency standards identified in

subsection (b-5) or (b-15), as applicable and as such standards

may have been modified under this subsection (f), taking into

account the unique circumstances of the utility's service

territory. For those plans commencing on January 1, 2018, the

Commission shall seek public comment on the utility's plan and

shall issue an order approving or disapproving each plan no

later than August 31, 2017, or 105 days after June 1, 2017 (the

effective date of Public Act 99-906) this amendatory Act of the

99th General Assembly, whichever is later. For those plans

commencing after December 31, 2021, the Commission shall seek

public comment on the utility's plan and shall issue an order

approving or disapproving each plan within 6 months after its

submission. If the Commission disapproves a plan, the

Commission shall, within 30 days, describe in detail the

reasons for the disapproval and describe a path by which the

utility may file a revised draft of the plan to address the

Commission's concerns satisfactorily. If the utility does not

refile with the Commission within 60 days, the utility shall be

subject to penalties at a rate of $100,000 per day until the

plan is filed. This process shall continue, and penalties shall

accrue, until the utility has successfully filed a portfolio of

energy efficiency and demand-response measures. Penalties

shall be deposited into the Energy Efficiency Trust Fund.

(g) In submitting proposed plans and funding levels under

subsection (f) of this Section to meet the savings goals

identified in subsection (b-5) or (b-15) of this Section, as

applicable, the utility shall:

(1) Demonstrate that its proposed energy efficiency

measures will achieve the applicable requirements that are

identified in subsection (b-5) or (b-15) of this Section,

as modified by subsection (f) of this Section.

(2) Present specific proposals to implement new

building and appliance standards that have been placed into

effect.

(3) Demonstrate that its overall portfolio of

measures, not including low-income programs described in

subsection (c) of this Section, is cost-effective using the

total resource cost test or complies with paragraphs (1)

through (3) of subsection (f) of this Section and

represents a diverse cross-section of opportunities for

customers of all rate classes, other than those customers

described in subsection (l) of this Section, to participate

in the programs. Individual measures need not be cost

effective.

(4) Present a third-party energy efficiency

implementation program subject to the following

requirements:

(A) beginning with the year commencing January 1,

2019, electric utilities that serve more than

3,000,000 retail customers in the State shall fund

third-party energy efficiency programs in an amount

that is no less than $25,000,000 per year, and electric

utilities that serve less than 3,000,000 retail

customers but more than 500,000 retail customers in the

State shall fund third-party energy efficiency

programs in an amount that is no less than $8,350,000

per year;

(B) during 2018, the utility shall conduct a

solicitation process for purposes of requesting

proposals from third-party vendors for those

third-party energy efficiency programs to be offered

during one or more of the years commencing January 1,

2019, January 1, 2020, and January 1, 2021; for those

multi-year plans commencing on January 1, 2022 and

January 1, 2026, the utility shall conduct a

solicitation process during 2021 and 2025,

respectively, for purposes of requesting proposals

from third-party vendors for those third-party energy

efficiency programs to be offered during one or more

years of the respective multi-year plan period; for

each solicitation process, the utility shall identify

the sector, technology, or geographical area for which

it is seeking requests for proposals;

(C) the utility shall propose the bidder

qualifications, performance measurement process, and

contract structure, which must include a performance

payment mechanism and general terms and conditions;

the proposed qualifications, process, and structure

shall be subject to Commission approval; and

(D) the utility shall retain an independent third

party to score the proposals received through the

solicitation process described in this paragraph (4),

rank them according to their cost per lifetime

kilowatt-hours saved, and assemble the portfolio of

third-party programs.

The electric utility shall recover all costs

associated with Commission-approved, third-party

administered programs regardless of the success of those

programs.

(4.5) Implement cost-effective demand-response

measures to reduce peak demand by 0.1% over the prior year

for eligible retail customers, as defined in Section

16-111.5 of this Act, and for customers that elect hourly

service from the utility pursuant to Section 16-107 of this

Act, provided those customers have not been declared

competitive. This requirement continues until December 31,

2026.

(5) Include a proposed or revised cost-recovery tariff

mechanism, as provided for under subsection (d) of this

Section, to fund the proposed energy efficiency and

demand-response measures and to ensure the recovery of the

prudently and reasonably incurred costs of

Commission-approved programs.

(6) Provide for an annual independent evaluation of the

performance of the cost-effectiveness of the utility's

portfolio of measures, as well as a full review of the

multi-year plan results of the broader net program impacts

and, to the extent practical, for adjustment of the

measures on a going-forward basis as a result of the

evaluations. The resources dedicated to evaluation shall

not exceed 3% of portfolio resources in any given year.

(7) For electric utilities that serve more than

3,000,000 retail customers in the State:

(A) Through December 31, 2025, provide for an

adjustment to the return on equity component of the

utility's weighted average cost of capital calculated

under subsection (d) of this Section:

(i) If the independent evaluator determines

that the utility achieved a cumulative persisting

annual savings that is less than the applicable

annual incremental goal, then the return on equity

component shall be reduced by a maximum of 200

basis points in the event that the utility achieved

no more than 75% of such goal. If the utility

achieved more than 75% of the applicable annual

incremental goal but less than 100% of such goal,

then the return on equity component shall be

reduced by 8 basis points for each percent by which

the utility failed to achieve the goal.

(ii) If the independent evaluator determines

that the utility achieved a cumulative persisting

annual savings that is more than the applicable

annual incremental goal, then the return on equity

component shall be increased by a maximum of 200

basis points in the event that the utility achieved

at least 125% of such goal. If the utility achieved

more than 100% of the applicable annual

incremental goal but less than 125% of such goal,

then the return on equity component shall be

increased by 8 basis points for each percent by

which the utility achieved above the goal. If the

applicable annual incremental goal was reduced

under paragraphs (1) or (2) of subsection (f) of

this Section, then the following adjustments shall

be made to the calculations described in this item

(ii):

(aa) the calculation for determining

achievement that is at least 125% of the

applicable annual incremental goal shall use

the unreduced applicable annual incremental

goal to set the value; and

(bb) the calculation for determining

achievement that is less than 125% but more

than 100% of the applicable annual incremental

goal shall use the reduced applicable annual

incremental goal to set the value for 100%

achievement of the goal and shall use the

unreduced goal to set the value for 125%

achievement. The 8 basis point value shall also

be modified, as necessary, so that the 200

basis points are evenly apportioned among each

percentage point value between 100% and 125%

achievement.

(B) For the period January 1, 2026 through December

31, 2030, provide for an adjustment to the return on

equity component of the utility's weighted average

cost of capital calculated under subsection (d) of this

Section:

(i) If the independent evaluator determines

that the utility achieved a cumulative persisting

annual savings that is less than the applicable

annual incremental goal, then the return on equity

component shall be reduced by a maximum of 200

basis points in the event that the utility achieved

no more than 66% of such goal. If the utility

achieved more than 66% of the applicable annual

incremental goal but less than 100% of such goal,

then the return on equity component shall be

reduced by 6 basis points for each percent by which

the utility failed to achieve the goal.

(ii) If the independent evaluator determines

that the utility achieved a cumulative persisting

annual savings that is more than the applicable

annual incremental goal, then the return on equity

component shall be increased by a maximum of 200

basis points in the event that the utility achieved

at least 134% of such goal. If the utility achieved

more than 100% of the applicable annual

incremental goal but less than 134% of such goal,

then the return on equity component shall be

increased by 6 basis points for each percent by

which the utility achieved above the goal. If the

applicable annual incremental goal was reduced

under paragraph (3) of subsection (f) of this

Section, then the following adjustments shall be

made to the calculations described in this item

(ii):

(aa) the calculation for determining

achievement that is at least 134% of the

applicable annual incremental goal shall use

the unreduced applicable annual incremental

goal to set the value; and

(bb) the calculation for determining

achievement that is less than 134% but more

than 100% of the applicable annual incremental

goal shall use the reduced applicable annual

incremental goal to set the value for 100%

achievement of the goal and shall use the

unreduced goal to set the value for 134%

achievement. The 6 basis point value shall also

be modified, as necessary, so that the 200

basis points are evenly apportioned among each

percentage point value between 100% and 134%

achievement.

(7.5) For purposes of this Section, the term

"applicable annual incremental goal" means the difference

between the cumulative persisting annual savings goal for

the calendar year that is the subject of the independent

evaluator's determination and the cumulative persisting

annual savings goal for the immediately preceding calendar

year, as such goals are defined in subsections (b-5) and

(b-15) of this Section and as these goals may have been

modified as provided for under subsection (b-20) and

paragraphs (1) through (3) of subsection (f) of this

Section. Under subsections (b), (b-5), (b-10), and (b-15)

of this Section, a utility must first replace energy

savings from measures that have reached the end of their

measure lives and would otherwise have to be replaced to

meet the applicable savings goals identified in subsection

(b-5) or (b-15) of this Section before any progress towards

achievement of its applicable annual incremental goal may

be counted. Notwithstanding anything else set forth in this

Section, the difference between the actual annual

incremental savings achieved in any given year, including

the replacement of energy savings from measures that have

expired, and the applicable annual incremental goal shall

not affect adjustments to the return on equity for

subsequent calendar years under this subsection (g).

(8) For electric utilities that serve less than

3,000,000 retail customers but more than 500,000 retail

customers in the State:

(A) Through December 31, 2025, the applicable

annual incremental goal shall be compared to the annual

incremental savings as determined by the independent

evaluator.

(i) The return on equity component shall be

reduced by 8 basis points for each percent by which

the utility did not achieve 84.4% of the applicable

annual incremental goal.

(ii) The return on equity component shall be

increased by 8 basis points for each percent by

which the utility exceeded 100% of the applicable

annual incremental goal.

(iii) The return on equity component shall not

be increased or decreased if the annual

incremental savings as determined by the

independent evaluator is greater than 84.4% of the

applicable annual incremental goal and less than

100% of the applicable annual incremental goal.

(iv) The return on equity component shall not

be increased or decreased by an amount greater than

200 basis points pursuant to this subparagraph

(A).

(B) For the period of January 1, 2026 through

December 31, 2030, the applicable annual incremental

goal shall be compared to the annual incremental

savings as determined by the independent evaluator.

(i) The return on equity component shall be

reduced by 6 basis points for each percent by which

the utility did not achieve 100% of the applicable

annual incremental goal.

(ii) The return on equity component shall be

increased by 6 basis points for each percent by

which the utility exceeded 100% of the applicable

annual incremental goal.

(iii) The return on equity component shall not

be increased or decreased by an amount greater than

200 basis points pursuant to this subparagraph

(B).

(C) If the applicable annual incremental goal was

reduced under paragraphs (1), (2) or (3) of subsection

(f) of this Section, then the following adjustments

shall be made to the calculations described in

subparagraphs (A) and (B) of this paragraph (8):

(i) The calculation for determining

achievement that is at least 125% or 134%, as

applicable, of the applicable annual incremental

goal shall use the unreduced applicable annual

incremental goal to set the value.

(ii) For the period through December 31, 2025,

the calculation for determining achievement that

is less than 125% but more than 100% of the

applicable annual incremental goal shall use the

reduced applicable annual incremental goal to set

the value for 100% achievement of the goal and

shall use the unreduced goal to set the value for

125% achievement. The 8 basis point value shall

also be modified, as necessary, so that the 200

basis points are evenly apportioned among each

percentage point value between 100% and 125%

achievement.

(iii) For the period of January 1, 2026 through

December 31, 2030, the calculation for determining

achievement that is less than 134% but more than

100% of the applicable annual incremental goal

shall use the reduced applicable annual

incremental goal to set the value for 100%

achievement of the goal and shall use the unreduced

goal to set the value for 125% achievement. The 6

basis point value shall also be modified, as

necessary, so that the 200 basis points are evenly

apportioned among each percentage point value

between 100% and 134% achievement.

(9) The utility shall submit the energy savings data to

the independent evaluator no later than 30 days after the

close of the plan year. The independent evaluator shall

determine the cumulative persisting annual savings for a

given plan year no later than 120 days after the close of

the plan year. The utility shall submit an informational

filing to the Commission no later than 160 days after the

close of the plan year that attaches the independent

evaluator's final report identifying the cumulative

persisting annual savings for the year and calculates,

under paragraph (7) or (8) of this subsection (g), as

applicable, any resulting change to the utility's return on

equity component of the weighted average cost of capital

applicable to the next plan year beginning with the January

monthly billing period and extending through the December

monthly billing period. However, if the utility recovers

the costs incurred under this Section under paragraphs (2)

and (3) of subsection (d) of this Section, then the utility

shall not be required to submit such informational filing,

and shall instead submit the information that would

otherwise be included in the informational filing as part

of its filing under paragraph (3) of such subsection (d)

that is due on or before June 1 of each year.

For those utilities that must submit the informational

filing, the Commission may, on its own motion or by

petition, initiate an investigation of such filing,

provided, however, that the utility's proposed return on

equity calculation shall be deemed the final, approved

calculation on December 15 of the year in which it is filed

unless the Commission enters an order on or before December

15, after notice and hearing, that modifies such

calculation consistent with this Section.

The adjustments to the return on equity component

described in paragraphs (7) and (8) of this subsection (g)

shall be applied as described in such paragraphs through a

separate tariff mechanism, which shall be filed by the

utility under subsections (f) and (g) of this Section.

(h) No more than 6% of energy efficiency and

demand-response program revenue may be allocated for research,

development, or pilot deployment of new equipment or measures.

(i) When practicable, electric utilities shall incorporate

advanced metering infrastructure data into the planning,

implementation, and evaluation of energy efficiency measures

and programs, subject to the data privacy and confidentiality

protections of applicable law.

(j) The independent evaluator shall follow the guidelines

and use the savings set forth in Commission-approved energy

efficiency policy manuals and technical reference manuals, as

each may be updated from time to time. Until such time as

measure life values for energy efficiency measures implemented

for low-income households under subsection (c) of this Section

are incorporated into such Commission-approved manuals, the

low-income measures shall have the same measure life values

that are established for same measures implemented in

households that are not low-income households.

(k) Notwithstanding any provision of law to the contrary,

an electric utility subject to the requirements of this Section

may file a tariff cancelling an automatic adjustment clause

tariff in effect under this Section or Section 8-103, which

shall take effect no later than one business day after the date

such tariff is filed. Thereafter, the utility shall be

authorized to defer and recover its expenditures incurred under

this Section through a new tariff authorized under subsection

(d) of this Section or in the utility's next rate case under

Article IX or Section 16-108.5 of this Act, with interest at an

annual rate equal to the utility's weighted average cost of

capital as approved by the Commission in such case. If the

utility elects to file a new tariff under subsection (d) of

this Section, the utility may file the tariff within 10 days

after June 1, 2017 (the effective date of Public Act 99-906)

this amendatory Act of the 99th General Assembly, and the cost

inputs to such tariff shall be based on the projected costs to

be incurred by the utility during the calendar year in which

the new tariff is filed and that were not recovered under the

tariff that was cancelled as provided for in this subsection.

Such costs shall include those incurred or to be incurred by

the utility under its multi-year plan approved under

subsections (f) and (g) of this Section, including, but not

limited to, projected capital investment costs and projected

regulatory asset balances with correspondingly updated

depreciation and amortization reserves and expense. The

Commission shall, after notice and hearing, approve, or approve

with modification, such tariff and cost inputs no later than 75

days after the utility filed the tariff, provided that such

approval, or approval with modification, shall be consistent

with the provisions of this Section to the extent they do not

conflict with this subsection (k). The tariff approved by the

Commission shall take effect no later than 5 days after the

Commission enters its order approving the tariff.

No later than 60 days after the effective date of the

tariff cancelling the utility's automatic adjustment clause

tariff, the utility shall file a reconciliation that reconciles

the moneys collected under its automatic adjustment clause

tariff with the costs incurred during the period beginning June

1, 2016 and ending on the date that the electric utility's

automatic adjustment clause tariff was cancelled. In the event

the reconciliation reflects an under-collection, the utility

shall recover the costs as specified in this subsection (k). If

the reconciliation reflects an over-collection, the utility

shall apply the amount of such over-collection as a one-time

credit to retail customers' bills.

(l) For the calendar years covered by a multi-year plan

commencing after December 31, 2017, subsections (a) through (j)

of this Section do not apply to any retail customers of an

electric utility that serves more than 3,000,000 retail

customers in the State and whose total highest 30 minute demand

was more than 10,000 kilowatts, or any retail customers of an

electric utility that serves less than 3,000,000 retail

customers but more than 500,000 retail customers in the State

and whose total highest 15 minute demand was more than 10,000

kilowatts. For purposes of this subsection (l), "retail

customer" has the meaning set forth in Section 16-102 of this

Act. A determination of whether this subsection is applicable

to a customer shall be made for each multi-year plan beginning

after December 31, 2017. The criteria for determining whether

this subsection (l) is applicable to a retail customer shall be

based on the 12 consecutive billing periods prior to the start

of the first year of each such multi-year plan.

(m) Notwithstanding the requirements of this Section, as

part of a proceeding to approve a multi-year plan under

subsections (f) and (g) of this Section, the Commission shall

reduce the amount of energy efficiency measures implemented for

any single year, and whose costs are recovered under subsection

(d) of this Section, by an amount necessary to limit the

estimated average net increase due to the cost of the measures

to no more than

(1) 3.5% for the each of the 4 years beginning January

1, 2018,

(2) 3.75% for each of the 4 years beginning January 1,

2022, and

(3) 4% for each of the 5 years beginning January 1,

2026,

of the average amount paid per kilowatthour by residential

eligible retail customers during calendar year 2015. To

determine the total amount that may be spent by an electric

utility in any single year, the applicable percentage of the

average amount paid per kilowatthour shall be multiplied by the

total amount of energy delivered by such electric utility in

the calendar year 2015, adjusted to reflect the proportion of

the utility's load attributable to customers who are exempt

from subsections (a) through (j) of this Section under

subsection (l) of this Section. For purposes of this subsection

(m), the amount paid per kilowatthour includes, without

limitation, estimated amounts paid for supply, transmission,

distribution, surcharges, and add-on taxes. For purposes of

this Section, "eligible retail customers" shall have the

meaning set forth in Section 16-111.5 of this Act. Once the

Commission has approved a plan under subsections (f) and (g) of

this Section, no subsequent rate impact determinations shall be

made.

(Source: P.A. 99-906, eff. 6-1-17; 100-840, eff. 8-13-18;

revised 10-19-18.)

Section 480. The Environmental Health Practitioner

Licensing Act is amended by changing Section 35 as follows:

(225 ILCS 37/35)

(Section scheduled to be repealed on January 1, 2029)

Sec. 35. Grounds for discipline.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary action with regard to any license issued under

this Act as the Department may consider proper, including the

imposition of fines not to exceed $5,000 for each violation,

for any one or combination of the following causes:

(1) Material misstatement in furnishing information to

the Department.

(2) Violations of this Act or its rules.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing, including, but not limited to, convictions,

preceding sentences of supervision, conditional discharge,

or first offender probation, under the laws of any

jurisdiction of the United States that is (i) a felony or

(ii) a misdemeanor, an essential element of which is

dishonesty, or that is directly related to the practice of

the profession.

(4) Making any misrepresentation for the purpose of

obtaining a certificate of registration.

(5) Professional incompetence.

(6) Aiding or assisting another person in violating any

provision of this Act or its rules.

(7) Failing to provide information within 60 days in

response to a written request made by the Department.

(8) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public as defined by rules of the

Department.

(9) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in an environmental health practitioner's

inability to practice with reasonable judgment, skill, or

safety.

(10) Discipline by another U.S. jurisdiction or

foreign nation, if at least one of the grounds for a

discipline is the same or substantially equivalent to those

set forth in this Act.

(11) A finding by the Department that the registrant,

after having his or her license placed on probationary

status, has violated the terms of probation.

(12) Willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with State agencies or departments.

(13) Physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skills that result in the inability to practice the

profession with reasonable judgment, skill, or safety.

(14) Failure to comply with rules promulgated by the

Illinois Department of Public Health or other State

agencies related to the practice of environmental health.

(15) (Blank).

(16) Solicitation of professional services by using

false or misleading advertising.

(17) A finding that the license has been applied for or

obtained by fraudulent means.

(18) Practicing or attempting to practice under a name

other than the full name as shown on the license or any

other legally authorized name.

(19) Gross overcharging for professional services

including filing statements for collection of fees or

moneys for which services are not rendered.

(b) The Department may refuse to issue or may suspend the

license of any person who fails to (i) file a return, (ii) pay

the tax, penalty, or interest shown in a filed return; or (iii)

pay any final assessment of the tax, penalty, or interest as

required by any tax Act administered by the Illinois Department

of Revenue until the requirements of the tax Act are satisfied.

(c) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission to a

mental health facility as provided in the Mental Health and

Developmental Disabilities Code operates as an automatic

suspension. The suspension may end only upon a finding by a

court that the licensee is no longer subject to involuntary

admission or judicial admission, the issuance of an order so

finding and discharging the patient, and the recommendation of

the Board to the Secretary that the licensee be allowed to

resume practice.

(d) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any person licensed

to practice under this Act or who has applied for licensure or

certification pursuant to this Act to submit to a mental or

physical examination, or both, as required by and at the

expense of the Department. The examining physicians shall be

those specifically designated by the Department. The

Department may order the examining physician to present

testimony concerning this mental or physical examination of the

licensee or applicant. No information shall be excluded by

reason of any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician. The person to be examined may have, at his

or her own expense, another physician of his or her choice

present during all aspects of the examination. Failure of any

person to submit to a mental or physical examination, when

directed, shall be grounds for suspension of a license until

the person submits to the examination if the Department finds,

after notice and hearing, that the refusal to submit to the

examination was without reasonable cause.

If the Department finds an individual unable to practice

because of the reasons set forth in this Section, the

Department may require that individual to submit to care,

counseling, or treatment by physicians approved or designated

by the Department, as a condition, term, or restriction for

continued, restored, or renewed licensure to practice or, in

lieu of care, counseling, or treatment, the Department may file

a complaint to immediately suspend, revoke, or otherwise

discipline the license of the individual.

Any person whose license was granted, continued, restored,

renewed, disciplined, or supervised subject to such terms,

conditions, or restrictions and who fails to comply with such

terms, conditions, or restrictions shall be referred to the

Secretary for a determination as to whether the person shall

have his or her license suspended immediately, pending a

hearing by the Department.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject

person's record of treatment and counseling regarding the

impairment, to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

A person licensed under this Act and affected under this

Section shall be afforded an opportunity to demonstrate to the

Department that he or she can resume practice in compliance

with acceptable and prevailing standards under the provisions

of his or her license.

(Source: P.A. 100-796, eff. 8-10-18; 100-872, eff. 8-14-18;

revised 10-22-18.)

Section 485. The Medical Practice Act of 1987 is amended by

changing Section 22 as follows:

(225 ILCS 60/22) (from Ch. 111, par. 4400-22)

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

Sec. 22. Disciplinary action.

(A) The Department may revoke, suspend, place on probation,

reprimand, refuse to issue or renew, or take any other

disciplinary or non-disciplinary action as the Department may

deem proper with regard to the license or permit of any person

issued under this Act, including imposing fines not to exceed

$10,000 for each violation, upon any of the following grounds:

(1) Performance of an elective abortion in any place,

locale, facility, or institution other than:

(a) a facility licensed pursuant to the Ambulatory

Surgical Treatment Center Act;

(b) an institution licensed under the Hospital

Licensing Act;

(c) an ambulatory surgical treatment center or

hospitalization or care facility maintained by the

State or any agency thereof, where such department or

agency has authority under law to establish and enforce

standards for the ambulatory surgical treatment

centers, hospitalization, or care facilities under its

management and control;

(d) ambulatory surgical treatment centers,

hospitalization or care facilities maintained by the

Federal Government; or

(e) ambulatory surgical treatment centers,

hospitalization or care facilities maintained by any

university or college established under the laws of

this State and supported principally by public funds

raised by taxation.

(2) Performance of an abortion procedure in a willful

and wanton manner on a woman who was not pregnant at the

time the abortion procedure was performed.

(3) A plea of guilty or nolo contendere, finding of

guilt, jury verdict, or entry of judgment or sentencing,

including, but not limited to, convictions, preceding

sentences of supervision, conditional discharge, or first

offender probation, under the laws of any jurisdiction of

the United States of any crime that is a felony.

(4) Gross negligence in practice under this Act.

(5) Engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud or harm the public.

(6) Obtaining any fee by fraud, deceit, or

misrepresentation.

(7) Habitual or excessive use or abuse of drugs defined

in law as controlled substances, of alcohol, or of any

other substances which results in the inability to practice

with reasonable judgment, skill or safety.

(8) Practicing under a false or, except as provided by

law, an assumed name.

(9) Fraud or misrepresentation in applying for, or

procuring, a license under this Act or in connection with

applying for renewal of a license under this Act.

(10) Making a false or misleading statement regarding

their skill or the efficacy or value of the medicine,

treatment, or remedy prescribed by them at their direction

in the treatment of any disease or other condition of the

body or mind.

(11) Allowing another person or organization to use

their license, procured under this Act, to practice.

(12) Adverse action taken by another state or

jurisdiction against a license or other authorization to

practice as a medical doctor, doctor of osteopathy, doctor

of osteopathic medicine or doctor of chiropractic, a

certified copy of the record of the action taken by the

other state or jurisdiction being prima facie evidence

thereof. This includes any adverse action taken by a State

or federal agency that prohibits a medical doctor, doctor

of osteopathy, doctor of osteopathic medicine, or doctor of

chiropractic from providing services to the agency's

participants.

(13) Violation of any provision of this Act or of the

Medical Practice Act prior to the repeal of that Act, or

violation of the rules, or a final administrative action of

the Secretary, after consideration of the recommendation

of the Disciplinary Board.

(14) Violation of the prohibition against fee

splitting in Section 22.2 of this Act.

(15) A finding by the Disciplinary Board that the

registrant after having his or her license placed on

probationary status or subjected to conditions or

restrictions violated the terms of the probation or failed

to comply with such terms or conditions.

(16) Abandonment of a patient.

(17) Prescribing, selling, administering,

distributing, giving or self-administering any drug

classified as a controlled substance (designated product)

or narcotic for other than medically accepted therapeutic

purposes.

(18) Promotion of the sale of drugs, devices,

appliances or goods provided for a patient in such manner

as to exploit the patient for financial gain of the

physician.

(19) Offering, undertaking or agreeing to cure or treat

disease by a secret method, procedure, treatment or

medicine, or the treating, operating or prescribing for any

human condition by a method, means or procedure which the

licensee refuses to divulge upon demand of the Department.

(20) Immoral conduct in the commission of any act

including, but not limited to, commission of an act of

sexual misconduct related to the licensee's practice.

(21) Willfully making or filing false records or

reports in his or her practice as a physician, including,

but not limited to, false records to support claims against

the medical assistance program of the Department of

Healthcare and Family Services (formerly Department of

Public Aid) under the Illinois Public Aid Code.

(22) Willful omission to file or record, or willfully

impeding the filing or recording, or inducing another

person to omit to file or record, medical reports as

required by law, or willfully failing to report an instance

of suspected abuse or neglect as required by law.

(23) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act, and

upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(24) Solicitation of professional patronage by any

corporation, agents or persons, or profiting from those

representing themselves to be agents of the licensee.

(25) Gross and willful and continued overcharging for

professional services, including filing false statements

for collection of fees for which services are not rendered,

including, but not limited to, filing such false statements

for collection of monies for services not rendered from the

medical assistance program of the Department of Healthcare

and Family Services (formerly Department of Public Aid)

under the Illinois Public Aid Code.

(26) A pattern of practice or other behavior which

demonstrates incapacity or incompetence to practice under

this Act.

(27) Mental illness or disability which results in the

inability to practice under this Act with reasonable

judgment, skill or safety.

(28) Physical illness, including, but not limited to,

deterioration through the aging process, or loss of motor

skill which results in a physician's inability to practice

under this Act with reasonable judgment, skill or safety.

(29) Cheating on or attempt to subvert the licensing

examinations administered under this Act.

(30) Willfully or negligently violating the

confidentiality between physician and patient except as

required by law.

(31) The use of any false, fraudulent, or deceptive

statement in any document connected with practice under

this Act.

(32) Aiding and abetting an individual not licensed

under this Act in the practice of a profession licensed

under this Act.

(33) Violating state or federal laws or regulations

relating to controlled substances, legend drugs, or

ephedra as defined in the Ephedra Prohibition Act.

(34) Failure to report to the Department any adverse

final action taken against them by another licensing

jurisdiction (any other state or any territory of the

United States or any foreign state or country), by any peer

review body, by any health care institution, by any

professional society or association related to practice

under this Act, by any governmental agency, by any law

enforcement agency, or by any court for acts or conduct

similar to acts or conduct which would constitute grounds

for action as defined in this Section.

(35) Failure to report to the Department surrender of a

license or authorization to practice as a medical doctor, a

doctor of osteopathy, a doctor of osteopathic medicine, or

doctor of chiropractic in another state or jurisdiction, or

surrender of membership on any medical staff or in any

medical or professional association or society, while

under disciplinary investigation by any of those

authorities or bodies, for acts or conduct similar to acts

or conduct which would constitute grounds for action as

defined in this Section.

(36) Failure to report to the Department any adverse

judgment, settlement, or award arising from a liability

claim related to acts or conduct similar to acts or conduct

which would constitute grounds for action as defined in

this Section.

(37) Failure to provide copies of medical records as

required by law.

(38) Failure to furnish the Department, its

investigators or representatives, relevant information,

legally requested by the Department after consultation

with the Chief Medical Coordinator or the Deputy Medical

Coordinator.

(39) Violating the Health Care Worker Self-Referral

Act.

(40) Willful failure to provide notice when notice is

required under the Parental Notice of Abortion Act of 1995.

(41) Failure to establish and maintain records of

patient care and treatment as required by this law.

(42) Entering into an excessive number of written

collaborative agreements with licensed advanced practice

registered nurses resulting in an inability to adequately

collaborate.

(43) Repeated failure to adequately collaborate with a

licensed advanced practice registered nurse.

(44) Violating the Compassionate Use of Medical

Cannabis Pilot Program Act.

(45) Entering into an excessive number of written

collaborative agreements with licensed prescribing

psychologists resulting in an inability to adequately

collaborate.

(46) Repeated failure to adequately collaborate with a

licensed prescribing psychologist.

(47) Willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act.

(48) Being named as an abuser in a verified report by

the Department on Aging under the Adult Protective Services

Act, and upon proof by clear and convincing evidence that

the licensee abused, neglected, or financially exploited

an eligible adult as defined in the Adult Protective

Services Act.

(49) Entering into an excessive number of written

collaborative agreements with licensed physician

assistants resulting in an inability to adequately

collaborate.

(50) Repeated failure to adequately collaborate with a

physician assistant.

Except for actions involving the ground numbered (26), all

proceedings to suspend, revoke, place on probationary status,

or take any other disciplinary action as the Department may

deem proper, with regard to a license on any of the foregoing

grounds, must be commenced within 5 years next after receipt by

the Department of a complaint alleging the commission of or

notice of the conviction order for any of the acts described

herein. Except for the grounds numbered (8), (9), (26), and

(29), no action shall be commenced more than 10 years after the

date of the incident or act alleged to have violated this

Section. For actions involving the ground numbered (26), a

pattern of practice or other behavior includes all incidents

alleged to be part of the pattern of practice or other behavior

that occurred, or a report pursuant to Section 23 of this Act

received, within the 10-year period preceding the filing of the

complaint. In the event of the settlement of any claim or cause

of action in favor of the claimant or the reduction to final

judgment of any civil action in favor of the plaintiff, such

claim, cause of action or civil action being grounded on the

allegation that a person licensed under this Act was negligent

in providing care, the Department shall have an additional

period of 2 years from the date of notification to the

Department under Section 23 of this Act of such settlement or

final judgment in which to investigate and commence formal

disciplinary proceedings under Section 36 of this Act, except

as otherwise provided by law. The time during which the holder

of the license was outside the State of Illinois shall not be

included within any period of time limiting the commencement of

disciplinary action by the Department.

The entry of an order or judgment by any circuit court

establishing that any person holding a license under this Act

is a person in need of mental treatment operates as a

suspension of that license. That person may resume their

practice only upon the entry of a Departmental order based upon

a finding by the Disciplinary Board that they have been

determined to be recovered from mental illness by the court and

upon the Disciplinary Board's recommendation that they be

permitted to resume their practice.

The Department may refuse to issue or take disciplinary

action concerning the license of any person who fails to file a

return, or to pay the tax, penalty or interest shown in a filed

return, or to pay any final assessment of tax, penalty or

interest, as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied as determined by

the Illinois Department of Revenue.

The Department, upon the recommendation of the

Disciplinary Board, shall adopt rules which set forth standards

to be used in determining:

(a) when a person will be deemed sufficiently

rehabilitated to warrant the public trust;

(b) what constitutes dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(c) what constitutes immoral conduct in the commission

of any act, including, but not limited to, commission of an

act of sexual misconduct related to the licensee's

practice; and

(d) what constitutes gross negligence in the practice

of medicine.

However, no such rule shall be admissible into evidence in

any civil action except for review of a licensing or other

disciplinary action under this Act.

In enforcing this Section, the Disciplinary Board or the

Licensing Board, upon a showing of a possible violation, may

compel, in the case of the Disciplinary Board, any individual

who is licensed to practice under this Act or holds a permit to

practice under this Act, or, in the case of the Licensing

Board, any individual who has applied for licensure or a permit

pursuant to this Act, to submit to a mental or physical

examination and evaluation, or both, which may include a

substance abuse or sexual offender evaluation, as required by

the Licensing Board or Disciplinary Board and at the expense of

the Department. The Disciplinary Board or Licensing Board shall

specifically designate the examining physician licensed to

practice medicine in all of its branches or, if applicable, the

multidisciplinary team involved in providing the mental or

physical examination and evaluation, or both. The

multidisciplinary team shall be led by a physician licensed to

practice medicine in all of its branches and may consist of one

or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing. The Disciplinary Board, the

Licensing Board, or the Department may order the examining

physician or any member of the multidisciplinary team to

provide to the Department, the Disciplinary Board, or the

Licensing Board any and all records, including business

records, that relate to the examination and evaluation,

including any supplemental testing performed. The Disciplinary

Board, the Licensing Board, or the Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the licensee, permit holder, or applicant,

including testimony concerning any supplemental testing or

documents relating to the examination and evaluation. No

information, report, record, or other documents in any way

related to the examination and evaluation shall be excluded by

reason of any common law or statutory privilege relating to

communication between the licensee, permit holder, or

applicant and the examining physician or any member of the

multidisciplinary team. No authorization is necessary from the

licensee, permit holder, or applicant ordered to undergo an

evaluation and examination for the examining physician or any

member of the multidisciplinary team to provide information,

reports, records, or other documents or to provide any

testimony regarding the examination and evaluation. The

individual to be examined may have, at his or her own expense,

another physician of his or her choice present during all

aspects of the examination. Failure of any individual to submit

to mental or physical examination and evaluation, or both, when

directed, shall result in an automatic suspension, without

hearing, until such time as the individual submits to the

examination. If the Disciplinary Board or Licensing Board finds

a physician unable to practice following an examination and

evaluation because of the reasons set forth in this Section,

the Disciplinary Board or Licensing Board shall require such

physician to submit to care, counseling, or treatment by

physicians, or other health care professionals, approved or

designated by the Disciplinary Board, as a condition for

issued, continued, reinstated, or renewed licensure to

practice. Any physician, whose license was granted pursuant to

Sections 9, 17, or 19 of this Act, or, continued, reinstated,

renewed, disciplined or supervised, subject to such terms,

conditions or restrictions who shall fail to comply with such

terms, conditions or restrictions, or to complete a required

program of care, counseling, or treatment, as determined by the

Chief Medical Coordinator or Deputy Medical Coordinators,

shall be referred to the Secretary for a determination as to

whether the licensee shall have their license suspended

immediately, pending a hearing by the Disciplinary Board. In

instances in which the Secretary immediately suspends a license

under this Section, a hearing upon such person's license must

be convened by the Disciplinary Board within 15 days after such

suspension and completed without appreciable delay. The

Disciplinary Board shall have the authority to review the

subject physician's record of treatment and counseling

regarding the impairment, to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act, affected under this

Section, shall be afforded an opportunity to demonstrate to the

Disciplinary Board that they can resume practice in compliance

with acceptable and prevailing standards under the provisions

of their license.

The Department may promulgate rules for the imposition of

fines in disciplinary cases, not to exceed $10,000 for each

violation of this Act. Fines may be imposed in conjunction with

other forms of disciplinary action, but shall not be the

exclusive disposition of any disciplinary action arising out of

conduct resulting in death or injury to a patient. Any funds

collected from such fines shall be deposited in the Illinois

State Medical Disciplinary Fund.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

(B) The Department shall revoke the license or permit

issued under this Act to practice medicine or a chiropractic

physician who has been convicted a second time of committing

any felony under the Illinois Controlled Substances Act or the

Methamphetamine Control and Community Protection Act, or who

has been convicted a second time of committing a Class 1 felony

under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A

person whose license or permit is revoked under this subsection

B shall be prohibited from practicing medicine or treating

human ailments without the use of drugs and without operative

surgery.

(C) The Department shall not revoke, suspend, place on

probation, reprimand, refuse to issue or renew, or take any

other disciplinary or non-disciplinary action against the

license or permit issued under this Act to practice medicine to

a physician:

(1) based solely upon the recommendation of the

physician to an eligible patient regarding, or

prescription for, or treatment with, an investigational

drug, biological product, or device; or

(2) for experimental treatment for Lyme disease or

other tick-borne diseases, including, but not limited to,

the prescription of or treatment with long-term

antibiotics.

(D) The Disciplinary Board shall recommend to the

Department civil penalties and any other appropriate

discipline in disciplinary cases when the Board finds that a

physician willfully performed an abortion with actual

knowledge that the person upon whom the abortion has been

performed is a minor or an incompetent person without notice as

required under the Parental Notice of Abortion Act of 1995.

Upon the Board's recommendation, the Department shall impose,

for the first violation, a civil penalty of $1,000 and for a

second or subsequent violation, a civil penalty of $5,000.

(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;

100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.

1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised

12-19-18.)

Section 490. The Nurse Practice Act is amended by changing

Section 65-40 as follows:

(225 ILCS 65/65-40) (was 225 ILCS 65/15-20)

(Section scheduled to be repealed on January 1, 2028)

Sec. 65-40. Written collaborative agreement; prescriptive

authority.

(a) A collaborating physician may, but is not required to,

delegate prescriptive authority to an advanced practice

registered nurse as part of a written collaborative agreement.

This authority may, but is not required to, include

prescription of, selection of, orders for, administration of,

storage of, acceptance of samples of, and dispensing over the

counter medications, legend drugs, medical gases, and

controlled substances categorized as any Schedule III through V

controlled substances, as defined in Article II of the Illinois

Controlled Substances Act, and other preparations, including,

but not limited to, botanical and herbal remedies. The

collaborating physician must have a valid current Illinois

controlled substance license and federal registration to

delegate authority to prescribe delegated controlled

substances.

(b) To prescribe controlled substances under this Section,

an advanced practice registered nurse must obtain a mid-level

practitioner controlled substance license. Medication orders

shall be reviewed periodically by the collaborating physician.

(c) The collaborating physician o shall file with the

Department and the Prescription Monitoring Program notice of

delegation of prescriptive authority and termination of such

delegation, in accordance with rules of the Department. Upon

receipt of this notice delegating authority to prescribe any

Schedule III through V controlled substances, the licensed

advanced practice registered nurse shall be eligible to

register for a mid-level practitioner controlled substance

license under Section 303.05 of the Illinois Controlled

Substances Act.

(d) In addition to the requirements of subsections (a),

(b), and (c) of this Section, a collaborating physician may,

but is not required to, delegate authority to an advanced

practice registered nurse to prescribe any Schedule II

controlled substances, if all of the following conditions

apply:

(1) Specific Schedule II controlled substances by oral

dosage or topical or transdermal application may be

delegated, provided that the delegated Schedule II

controlled substances are routinely prescribed by the

collaborating physician. This delegation must identify the

specific Schedule II controlled substances by either brand

name or generic name. Schedule II controlled substances to

be delivered by injection or other route of administration

may not be delegated.

(2) Any delegation must be controlled substances that

the collaborating physician prescribes.

(3) Any prescription must be limited to no more than a

30-day supply, with any continuation authorized only after

prior approval of the collaborating physician.

(4) The advanced practice registered nurse must

discuss the condition of any patients for whom a controlled

substance is prescribed monthly with the delegating

physician.

(5) The advanced practice registered nurse meets the

education requirements of Section 303.05 of the Illinois

Controlled Substances Act.

(e) Nothing in this Act shall be construed to limit the

delegation of tasks or duties by a physician to a licensed

practical nurse, a registered professional nurse, or other

persons. Nothing in this Act shall be construed to limit the

method of delegation that may be authorized by any means,

including, but not limited to, oral, written, electronic,

standing orders, protocols, guidelines, or verbal orders.

(f) Nothing in this Section shall be construed to apply to

any medication authority including Schedule II controlled

substances of an advanced practice registered nurse for care

provided in a hospital, hospital affiliate, or ambulatory

surgical treatment center pursuant to Section 65-45.

(g) (Blank).

(h) Nothing in this Section shall be construed to prohibit

generic substitution.

(i) Nothing in this Section shall be construed to apply to

an advanced practice registered nurse who meets the

requirements of Section 65-43.

(Source: P.A. 100-513, eff. 1-1-18; revised 10-22-18.)

Section 495. The Nursing Home Administrators Licensing and

Disciplinary Act is amended by changing Section 19 as follows:

(225 ILCS 70/19) (from Ch. 111, par. 3669)

(Section scheduled to be repealed on January 1, 2028)

Sec. 19. Investigation; notice and hearing..

(a) The Department may investigate the actions of any

applicant or of any person holding or claiming to hold a

license under this Act.

(b) The Department shall, before disciplining an applicant

or licensee, at least 30 days prior to the date set for the

hearing: (i) notify, in writing, the accused of the charges

made and the time and place for the hearing on the charges,

(ii) direct him or her to file a written answer to the charges

under oath within 20 days after service of the notice, and

(iii) inform the applicant or licensee that failure to file an

answer will result in a default being entered against the

applicant or licensee.

(c) Written or electronic notice, and any notice in the

subsequent proceeding, may be served by personal delivery, by

email, or by mail to the applicant or licensee at his or her

address of record or email address of record.

(d) At the time and place fixed in the notice, the Board or

hearing officer appointed by the Secretary shall proceed to

hear the charges and the parties or their counsel shall be

accorded ample opportunity to present any statement,

testimony, evidence, and argument as may be pertinent to the

charges or to their defense. The Board or hearing officer may

continue the hearing from time to time.

(e) In case the person, after receiving the notice, fails

to file an answer, his or her license may, in the discretion of

the Secretary, having first received the recommendation of the

Board, be suspended, revoked, or placed on probationary status,

or be subject to whatever disciplinary action the Secretary

considers proper, including limiting the scope, nature, or

extent of the person's practice or the imposition of a fine,

without hearing, if the act or acts charged constitute

sufficient grounds for that action under this Act.

(Source: P.A. 100-675, eff. 8-3-18; revised 10-22-18.)

Section 500. The Sex Offender Evaluation and Treatment

Provider Act is amended by changing Section 75 as follows:

(225 ILCS 109/75)

Sec. 75. Refusal, revocation, or suspension.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary nondisciplinary action, as

the Department considers appropriate, including the imposition

of fines not to exceed $10,000 for each violation, with regard

to any license or licensee for any one or more of the

following:

(1) violations of this Act or of the rules adopted

under this Act;

(2) discipline by the Department under other state law

and rules which the licensee is subject to;

(3) conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing for any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i) that

is a felony; or (ii) that is a misdemeanor, an essential

element of which is dishonesty, or that is directly related

to the practice of the profession;

(4) professional incompetence;

(5) advertising in a false, deceptive, or misleading

manner;

(6) aiding, abetting, assisting, procuring, advising,

employing, or contracting with any unlicensed person to

provide sex offender evaluation or treatment services

contrary to any rules or provisions of this Act;

(7) engaging in immoral conduct in the commission of

any act, such as sexual abuse, sexual misconduct, or sexual

exploitation, related to the licensee's practice;

(8) engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(9) practicing or offering to practice beyond the scope

permitted by law or accepting and performing professional

responsibilities which the licensee knows or has reason to

know that he or she is not competent to perform;

(10) knowingly delegating professional

responsibilities to a person unqualified by training,

experience, or licensure to perform;

(11) failing to provide information in response to a

written request made by the Department within 60 days;

(12) having a habitual or excessive use of or addiction

to alcohol, narcotics, stimulants, or any other chemical

agent or drug which results in the inability to practice

with reasonable judgment, skill, or safety;

(13) having a pattern of practice or other behavior

that demonstrates incapacity or incompetence to practice

under this Act;

(14) discipline by another state, District of

Columbia, territory, or foreign nation, if at least one of

the grounds for the discipline is the same or substantially

equivalent to those set forth in this Section;

(15) a finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation;

(16) willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with State agencies or departments;

(17) making a material misstatement in furnishing

information to the Department or otherwise making

misleading, deceptive, untrue, or fraudulent

representations in violation of this Act or otherwise in

the practice of the profession;

(18) fraud or misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act;

(19) inability to practice the profession with

reasonable judgment, skill, or safety as a result of

physical illness, including, but not limited to,

deterioration through the aging process, loss of motor

skill, or a mental illness or disability;

(20) charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered; or

(21) practicing under a false or, except as provided by

law, an assumed name.

All fines shall be paid within 60 days of the effective

date of the order imposing the fine.

(b) The Department may refuse to issue or may suspend the

license of any person who fails to file a tax return, to pay

the tax, penalty, or interest shown in a filed tax return, or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirements of the tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Civil Administrative Code of Illinois.

(c) (Blank).

(d) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person based

solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance with

item (5) of subsection (a) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(e) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of a court order so finding and discharging

the patient.

(f) In enforcing this Act, the Department or Board, upon a

showing of a possible violation, may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, as required by and at the expense of the

Department. The Department or Board may order the examining

physician to present testimony concerning the mental or

physical examination of the licensee or applicant. No

information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physician shall be specifically designated by the

Board or Department. The individual to be examined may have, at

his or her own expense, another physician of his or her choice

present during all aspects of this examination. The examination

shall be performed by a physician licensed to practice medicine

in all its branches. Failure of an individual to submit to a

mental or physical examination, when directed, shall result in

an automatic suspension without hearing.

A person holding a license under this Act or who has

applied for a license under this Act who, because of a physical

or mental illness or disability, including, but not limited to,

deterioration through the aging process or loss of motor skill,

is unable to practice the profession with reasonable judgment,

skill, or safety, may be required by the Department to submit

to care, counseling, or treatment by physicians approved or

designated by the Department as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice. Submission to care, counseling, or treatment as

required by the Department shall not be considered discipline

of a license. If the licensee refuses to enter into a care,

counseling, or treatment agreement or fails to abide by the

terms of the agreement, the Department may file a complaint to

revoke, suspend, or otherwise discipline the license of the

individual. The Secretary may order the license suspended

immediately, pending a hearing by the Department. Fines shall

not be assessed in disciplinary actions involving physical or

mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and subject to action

under this Section shall be afforded an opportunity to

demonstrate to the Department or Board that he or she can

resume practice in compliance with acceptable and prevailing

standards under the provisions of his or her license.

(Source: P.A. 100-872, eff. 8-14-18; revised 10-22-18.)

Section 505. The Telehealth Act is amended by changing

Section 5 as follows:

(225 ILCS 150/5)

Sec. 5. Definitions. As used in this Act:

"Health care professional" includes physicians, physician

assistants, dentists, optometrists, advanced practice

registered nurses, clinical psychologists licensed in

Illinois, dentists, occupational therapists, pharmacists,

physical therapists, clinical social workers, speech-language

pathologists, audiologists, hearing instrument dispensers, and

mental health professionals and clinicians authorized by

Illinois law to provide mental health services.

"Telehealth" means the evaluation, diagnosis, or

interpretation of electronically transmitted patient-specific

data between a remote location and a licensed health care

professional that generates interaction or treatment

recommendations. "Telehealth" includes telemedicine and the

delivery of health care services provided by way of an

interactive telecommunications system, as defined in

subsection (a) of Section 356z.22 of the Illinois Insurance

Code.

(Source: P.A. 100-317, eff. 1-1-18; 100-644, eff. 1-1-19;

100-930, eff. 1-1-19; revised 10-22-18.)

Section 510. The Structural Pest Control Act is amended by

changing Sections 3.18, 8, 17, 23, and 25 as follows:

(225 ILCS 235/3.18) (from Ch. 111 1/2, par. 2203.18)

(Section scheduled to be repealed on December 31, 2029)

Sec. 3.18. "Planned use inspection" means an inspection of

a certified or non-certified technician to observe the

procedures for preparation, application, and disposal of

pesticides to ensure that they are performed in accordance with

this Act, the "Illinois Pesticide Act", as amended, the

"Environmental Protection Act", as amended, the rules and

regulations of the Illinois Pollution Control Board, and other

applicable State law.

(Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08;

revised 10-22-18.)

(225 ILCS 235/8) (from Ch. 111 1/2, par. 2208)

(Section scheduled to be repealed on December 31, 2029)

Sec. 8. Change of certified technician). When the licensee

or registrant is without a certified technician, the licensee

or registrant shall notify the Director in writing within 7

days and shall employ a technician certified in accordance with

Section 5 of this Act no later than 45 days from the time the

position of certified technician becomes vacant. All

structural pest control operations shall be suspended until

such time that the licensee or registrant obtains the services

of a certified technician.

(Source: P.A. 84-362; reenacted by P.A. 95-786, eff. 8-7-08;

revised 10-22-18.)

(225 ILCS 235/17) (from Ch. 111 1/2, par. 2217)

(Section scheduled to be repealed on December 31, 2029)

Sec. 17. Deposition of witnesses; testimony at hearing

recorded). In the event of the inability of any party, or the

Department, to procure the attendance of witnesses to give

testimony or produce books and papers, such party or the

Department may take the deposition of witnesses in accordance

with the laws of this State. All testimony taken at a hearing

shall be reduced to writing, and all such testimony and other

evidence introduced at the hearing shall be a part of the

record of the hearing.

(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08;

revised 10-22-18.)

(225 ILCS 235/23) (from Ch. 111 1/2, par. 2223)

(Section scheduled to be repealed on December 31, 2029)

Sec. 23. Judicial review of final administrative

decision). The Administrative Review Law, as amended, and the

rules adopted under the Administrative Review Law, apply to and

govern all proceedings for judicial review of final

administrative decisions of the Department under this Act. Such

judicial review shall be had in the circuit court of the county

in which the cause of action arose. The term "administrative

decision" is defined as in Section 3-101 of the Code of Civil

Procedure.

(Source: P.A. 82-783; reenacted by P.A. 95-786, eff. 8-7-08;

revised 10-22-18.)

(225 ILCS 235/25) (from Ch. 111 1/2, par. 2225)

(Section scheduled to be repealed on December 31, 2029)

Sec. 25. The provisions of the "The Illinois Administrative

Procedure Act", approved September 22, 1975, are hereby

expressly adopted and shall apply to all administrative rules

and procedures of the Department of Public Health under this

Act.

(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08;

revised 10-22-18.)

Section 515. The Registered Interior Designers Act is

amended by changing Sections 8 and 13 as follows:

(225 ILCS 310/8) (from Ch. 111, par. 8208)

(Section scheduled to be repealed on January 1, 2022)

Sec. 8. Requirements for registration.

(a) Each applicant for registration shall apply to the

Department in writing on a form provided by the Department.

Except as otherwise provided in this Act, each applicant shall

take and pass the examination approved by the Department. Prior

to registration, the applicant shall provide substantial

evidence to the Board that the applicant:

(1) is a graduate of a 5-year interior design program

from an accredited institution and has completed at least 2

years of full-time diversified interior design experience;

(2) is a graduate of a 4-year interior design program

from an accredited institution and has completed at least 2

years of full-time diversified interior design experience;

(3) has completed at least 3 years of interior design

curriculum from an accredited institution and has

completed 3 years of full-time diversified interior design

experience; or

(4) is a graduate of a 2-year interior design program

from an accredited institution and has completed 4 years of

full-time diversified interior design experience. ; or

(5) (blank).

(b) In addition to providing evidence of meeting the

requirements of subsection (a), each applicant for

registration as a registered interior designer shall provide

substantial evidence that he or she has successfully completed

the examination administered by the National Council for

Interior Design Qualifications.

Examinations for applicants under this Act may be held at

the direction of the Department from time to time but not less

than once each year. The scope and form of the examination

shall conform to the National Council for Interior Design

Qualification examination for interior designers.

(b-5) Each applicant for registration shall pay to the

Department the required registration fee, which is not

refundable, at the time of filing his or her application.

(c) An individual may apply for original registration prior

to passing the examination. He or she shall have 2 years after

the date of filing an application to pass the examination. If

evidence and documentation of passing the examination are is

received by the Department later than 2 years after the

individual's filing, the application shall be denied and the

fee forfeited. The applicant may reapply at any time, but shall

meet the requirements in effect at the time of reapplication.

(d) Upon payment of the required fee, which shall be

determined by rule, an applicant who is an architect licensed

under the laws of this State may, without examination, be

granted registration as a registered interior designer by the

Department provided the applicant submits proof of an active

architectural license in Illinois.

(Source: P.A. 100-920, eff. 8-17-18; revised 10-22-18.)

(225 ILCS 310/13) (from Ch. 111, par. 8213)

(Section scheduled to be repealed on January 1, 2022)

Sec. 13. Refusal, revocation or suspension of

registration. The Department may refuse to issue, renew, or

restore or may revoke, suspend, place on probation, reprimand

or take other disciplinary action as the Department may deem

proper, including fines not to exceed $5,000 for each

violation, with regard to any registration for any one or

combination of the following causes:

(a) Fraud in procuring the certificate of

registration.

(b) Habitual intoxication or addiction to the use of

drugs.

(c) Making any misrepresentations or false promises,

directly or indirectly, to influence, persuade, or induce

patronage.

(d) Professional connection or association with, or

lending his or her name, to another for illegal use of the

title "registered interior designer", or professional

connection or association with any person, firm, or

corporation holding itself out in any manner contrary to

this Act.

(e) Obtaining or seeking to obtain checks, money, or

any other items of value by false or fraudulent

representations.

(f) Use of the title under a name other than his or her

own.

(g) Improper, unprofessional, or dishonorable conduct

of a character likely to deceive, defraud, or harm the

public.

(h) Conviction in this or another state, or federal

court, of any crime which is a felony, if the Department

determines, after investigation, that such person has not

been sufficiently rehabilitated to warrant the public

trust.

(i) A violation of any provision of this Act or its

rules.

(j) Revocation by another state, the District of

Columbia, territory, or foreign nation of an interior

design or residential interior design license,

certification, or registration if at least one of the

grounds for that revocation is the same as or the

equivalent of one of the grounds for revocation set forth

in this Act.

(k) Mental incompetence as declared by a court of

competent jurisdiction.

(l) Being named as a perpetrator in an indicated report

by the Department of Children and Family Services pursuant

to the Abused and Neglected Child Reporting Act, and upon

proof by clear and convincing evidence that the registrant

has caused a child to be an abused child or neglected child

as defined in the Abused and Neglected Child Reporting Act.

(m) Aiding or assisting another person in violating any

provision of this Act or its rules.

(n) Failure to provide information in response to a

written request made by the Department within 30 days after

receipt of the written request.

(o) Physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill that results in the inability to practice interior

design with reasonable judgment, skill, or safety.

The Department may refuse to issue or may suspend the

registration of any person who fails to file a return, or to

pay the tax, penalty, or interest showing in a filed return, or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirements of any such tax

Act are satisfied.

The entry of a decree by any circuit court establishing

that any person holding a certificate of registration under

this Act is a person subject to involuntary admission under the

Mental Health and Developmental Disabilities Code shall

operate as a suspension of that registration. That person may

resume using the title "registered interior designer" only upon

a finding by the Board that he or she has been determined to be

no longer subject to involuntary admission by the court and

upon the Board's recommendation to the Director that he or she

be permitted to resume using the title "registered interior

designer".

(Source: P.A. 100-872, eff. 8-14-18; 100-920, eff. 8-17-18;

revised 10-22-18.)

Section 520. The Collateral Recovery Act is amended by

changing Section 85 as follows:

(225 ILCS 422/85)

(Section scheduled to be repealed on January 1, 2022)

Sec. 85. Consideration of past crimes.

(a) The Commission shall not require the license or permit

holder or applicant to report the following information and

shall not consider the following criminal history records in

connection with an application for a license or permit under

this Act:

(1) Juvenile adjudications of delinquent minors as

defined in Section 5-105 of the Juvenile Court Act of 1987,

subject to the restrictions set forth in Section 5-130 of

the Juvenile Court Act of 1987.

(2) Law enforcement records, court records, and

conviction records of an individual who was 18 years old or

younger at the time of the conviction for the offense and

before January 1, 2014, unless the nature of the offense

required the individual to be tried as an adult.

(3) Records of arrest not followed by a conviction.

(4) Convictions overturned by a higher court.

(5) Convictions or arrests that have been sealed or

expunged.

(b) When considering the denial of a license or recovery

permit on the grounds of conviction of a crime, the Commission,

in evaluating whether the conviction will impair the license or

permit holder's or applicant's ability to engage in the

position for which a license or permit is sought and the

license or permit holder's or applicant's present eligibility

for a license or recovery permit, shall consider each of the

following criteria:

(1) The lack of direct relation of the offense for

which the license or permit holder or applicant was

previously convicted to the duties, functions, and

responsibilities of the position for which a license or

permit is sought.

(2) Circumstances relative to the offense, including

the license or permit holder's or applicant's age at the

time that the offense was committed.

(3) Evidence of any act committed subsequent to the act

or crime under consideration as grounds for denial, which

also could be considered as grounds for disciplinary action

under this Act.

(4) Whether 5 years since a conviction or 3 years since

successful completion of the imposed sentence for the

conviction, whichever is later, have passed without a

subsequent conviction.

(5) Successful completion of sentence or for license or

permit holders or applicants serving a term of parole or

probation, a progress report provided by the license or

permit holder's or applicant's probation or parole officer

that documents the license or permit holder's or

applicant's compliance with conditions of supervision.

(6) If the license or permit holder or applicant was

previously licensed or employed in this State or other

states or jurisdictions, then the lack of prior misconduct

arising from or related to the licensed position or

position of employment.

(7) Evidence of rehabilitation or rehabilitative

effort during or after incarceration, or during or after a

term of supervision, including, but not limited to, a

certificate of good conduct under Section 5-5.5-25 of the

Unified Code of Corrections or a certificate of relief from

disabilities under Section 5-5.5-10 of the Unified Code of

Corrections.

(8) Any other mitigating factors that contribute to the

license or permit holder's or applicant's potential and

current ability to perform the duties and responsibilities

of practices licensed or registered under this Act.

(c) When considering the suspension or revocation of a

license or recovery permit on the grounds of conviction of a

crime, the Commission, in evaluating the rehabilitation of the

license or permit holder, whether the conviction will impair

the license or permit holder's ability to engage in the

position for which a license or permit is sought, and the

license or permit holder's present eligibility for a license or

recovery permit, shall consider each of the following criteria:

(1) The nature and severity of the act or offense.

(2) The license holder's or recovery permit holder's

criminal record in its entirety.

(3) The amount of time that has elapsed lapsed since

the commission of the act or offense.

(4) Whether the license holder or recovery permit

holder has complied with any terms of parole, probation,

restitution, or any other sanctions lawfully imposed

against him or her.

(5) If applicable, evidence of expungement

proceedings.

(6) Evidence, if any, of rehabilitation submitted by

the license holder or recovery permit holder.

(d) If the Commission refuses to issue or renew a license

or permit, or suspends, revokes, places on probation, or takes

any disciplinary action that the Commission may deem proper

against a license or permit, then the Commission shall notify

the license or permit holder or applicant of the decision in

writing with the following included in the notice of decision:

(1) a statement about the decision;

(2) a list of the convictions that the Commission

determined will impair the license or permit holder's or

applicant's ability to engage in the position for which a

license or permit is sought;

(3) a list of convictions that formed the sole or

partial basis for the decision; and

(4) a summary of the appeal process or the earliest

reapplication for a license or permit is permissible,

whichever is applicable.

(e) No later than May 1 of each year, the Commission must

prepare, publicly announce, and publish a report of summary

statistical information relating to new and renewal license or

permit applications during the preceding calendar year. Each

report shall show, at a minimum:

(1) the number of applicants for a new or renewal

license or permit under this Act within the previous

calendar year;

(2) the number of applicants for a new or renewal

license or permit under this Act within the previous

calendar year who had a criminal conviction identified in

paragraph (3) of subsection (a) of Section 80;

(3) the number of applicants for a new or renewal

license or permit under this Act in the previous calendar

year who were granted a license or permit;

(4) the number of applicants for a new or renewal

license or permit with a criminal conviction identified in

paragraph (3) of subsection (a) of Section 80 who were

granted a license or permit under this Act within the

previous calendar year;

(5) the number of applicants for a new or renewal

license or permit under this Act within the previous

calendar year who were denied a license or permit;

(6) the number of applicants for a new or renewal

license or permit with a criminal conviction identified in

paragraph (3) of subsection (a) of Section 80 who were

denied a license or permit under this Act in the previous

calendar year in whole or in part because of the prior

conviction;

(7) the number of licenses or permits issued with a

condition of probation without monitoring imposed by the

Commission under this Act in the previous calendar year to

applicants with a criminal conviction identified in

paragraph (3) of subsection (a) of Section 80; and

(8) the number of licenses or permits issued with a

condition of probation with monitoring imposed by the

Commission under this Act in the previous calendar year to

applicants with a criminal conviction identified in

paragraph (3) of subsection (a) of Section 80.

(Source: P.A. 100-286, eff. 1-1-18; 100-948, eff. 1-1-19;

revised 10-22-18.)

Section 525. The Real Estate License Act of 2000 is amended

by changing Section 20-20 as follows:

(225 ILCS 454/20-20)

(Section scheduled to be repealed on January 1, 2020)

Sec. 20-20. Grounds for discipline.

(a) The Department may refuse to issue or renew a license,

may place on probation, suspend, or revoke any license,

reprimand, or take any other disciplinary or non-disciplinary

action as the Department may deem proper and impose a fine not

to exceed $25,000 upon any licensee or applicant under this Act

or any person who holds himself or herself out as an applicant

or licensee or against a licensee in handling his or her own

property, whether held by deed, option, or otherwise, for any

one or any combination of the following causes:

(1) Fraud or misrepresentation in applying for, or

procuring, a license under this Act or in connection with

applying for renewal of a license under this Act.

(2) The conviction of or plea of guilty or plea of nolo

contendere to a felony or misdemeanor in this State or any

other jurisdiction; or the entry of an administrative

sanction by a government agency in this State or any other

jurisdiction. Action taken under this paragraph (2) for a

misdemeanor or an administrative sanction is limited to a

misdemeanor or administrative sanction that has as an

essential element dishonesty or fraud or involves larceny,

embezzlement, or obtaining money, property, or credit by

false pretenses or by means of a confidence game.

(3) Inability to practice the profession with

reasonable judgment, skill, or safety as a result of a

physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill, or a mental illness or disability.

(4) Practice under this Act as a licensee in a retail

sales establishment from an office, desk, or space that is

not separated from the main retail business by a separate

and distinct area within the establishment.

(5) Having been disciplined by another state, the

District of Columbia, a territory, a foreign nation, or a

governmental agency authorized to impose discipline if at

least one of the grounds for that discipline is the same as

or the equivalent of one of the grounds for which a

licensee may be disciplined under this Act. A certified

copy of the record of the action by the other state or

jurisdiction shall be prima facie evidence thereof.

(6) Engaging in the practice of real estate brokerage

without a license or after the licensee's license or

temporary permit was expired or while the license was

inoperative.

(7) Cheating on or attempting to subvert the Real

Estate License Exam or continuing education exam.

(8) Aiding or abetting an applicant to subvert or cheat

on the Real Estate License Exam or continuing education

exam administered pursuant to this Act.

(9) Advertising that is inaccurate, misleading, or

contrary to the provisions of the Act.

(10) Making any substantial misrepresentation or

untruthful advertising.

(11) Making any false promises of a character likely to

influence, persuade, or induce.

(12) Pursuing a continued and flagrant course of

misrepresentation or the making of false promises through

licensees, employees, agents, advertising, or otherwise.

(13) Any misleading or untruthful advertising, or

using any trade name or insignia of membership in any real

estate organization of which the licensee is not a member.

(14) Acting for more than one party in a transaction

without providing written notice to all parties for whom

the licensee acts.

(15) Representing or attempting to represent a broker

other than the sponsoring broker.

(16) Failure to account for or to remit any moneys or

documents coming into his or her possession that belong to

others.

(17) Failure to maintain and deposit in a special

account, separate and apart from personal and other

business accounts, all escrow moneys belonging to others

entrusted to a licensee while acting as a broker, escrow

agent, or temporary custodian of the funds of others or

failure to maintain all escrow moneys on deposit in the

account until the transactions are consummated or

terminated, except to the extent that the moneys, or any

part thereof, shall be:

(A) disbursed prior to the consummation or

termination (i) in accordance with the written

direction of the principals to the transaction or their

duly authorized agents, (ii) in accordance with

directions providing for the release, payment, or

distribution of escrow moneys contained in any written

contract signed by the principals to the transaction or

their duly authorized agents, or (iii) pursuant to an

order of a court of competent jurisdiction; or

(B) deemed abandoned and transferred to the Office

of the State Treasurer to be handled as unclaimed

property pursuant to the Revised Uniform Unclaimed

Property Act. Escrow moneys may be deemed abandoned

under this subparagraph (B) only: (i) in the absence of

disbursement under subparagraph (A); (ii) in the

absence of notice of the filing of any claim in a court

of competent jurisdiction; and (iii) if 6 months have

elapsed after the receipt of a written demand for the

escrow moneys from one of the principals to the

transaction or the principal's duly authorized agent.

The account shall be noninterest bearing, unless the

character of the deposit is such that payment of interest

thereon is otherwise required by law or unless the

principals to the transaction specifically require, in

writing, that the deposit be placed in an interest bearing

account.

(18) Failure to make available to the Department all

escrow records and related documents maintained in

connection with the practice of real estate within 24 hours

of a request for those documents by Department personnel.

(19) Failing to furnish copies upon request of

documents relating to a real estate transaction to a party

who has executed that document.

(20) Failure of a sponsoring broker to timely provide

information, sponsor cards, or termination of licenses to

the Department.

(21) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(22) Commingling the money or property of others with

his or her own money or property.

(23) Employing any person on a purely temporary or

single deal basis as a means of evading the law regarding

payment of commission to nonlicensees on some contemplated

transactions.

(24) Permitting the use of his or her license as a

broker to enable a leasing agent or unlicensed person to

operate a real estate business without actual

participation therein and control thereof by the broker.

(25) Any other conduct, whether of the same or a

different character from that specified in this Section,

that constitutes dishonest dealing.

(26) Displaying a "for rent" or "for sale" sign on any

property without the written consent of an owner or his or

her duly authorized agent or advertising by any means that

any property is for sale or for rent without the written

consent of the owner or his or her authorized agent.

(27) Failing to provide information requested by the

Department, or otherwise respond to that request, within 30

days of the request.

(28) Advertising by means of a blind advertisement,

except as otherwise permitted in Section 10-30 of this Act.

(29) Offering guaranteed sales plans, as defined in

clause (A) of this subdivision (29), except to the extent

hereinafter set forth:

(A) A "guaranteed sales plan" is any real estate

purchase or sales plan whereby a licensee enters into a

conditional or unconditional written contract with a

seller, prior to entering into a brokerage agreement

with the seller, by the terms of which a licensee

agrees to purchase a property of the seller within a

specified period of time at a specific price in the

event the property is not sold in accordance with the

terms of a brokerage agreement to be entered into

between the sponsoring broker and the seller.

(B) A licensee offering a guaranteed sales plan

shall provide the details and conditions of the plan in

writing to the party to whom the plan is offered.

(C) A licensee offering a guaranteed sales plan

shall provide to the party to whom the plan is offered

evidence of sufficient financial resources to satisfy

the commitment to purchase undertaken by the broker in

the plan.

(D) Any licensee offering a guaranteed sales plan

shall undertake to market the property of the seller

subject to the plan in the same manner in which the

broker would market any other property, unless the

agreement with the seller provides otherwise.

(E) The licensee cannot purchase seller's property

until the brokerage agreement has ended according to

its terms or is otherwise terminated.

(F) Any licensee who fails to perform on a

guaranteed sales plan in strict accordance with its

terms shall be subject to all the penalties provided in

this Act for violations thereof and, in addition, shall

be subject to a civil fine payable to the party injured

by the default in an amount of up to $25,000.

(30) Influencing or attempting to influence, by any

words or acts, a prospective seller, purchaser, occupant,

landlord, or tenant of real estate, in connection with

viewing, buying, or leasing real estate, so as to promote

or tend to promote the continuance or maintenance of

racially and religiously segregated housing or so as to

retard, obstruct, or discourage racially integrated

housing on or in any street, block, neighborhood, or

community.

(31) Engaging in any act that constitutes a violation

of any provision of Article 3 of the Illinois Human Rights

Act, whether or not a complaint has been filed with or

adjudicated by the Human Rights Commission.

(32) Inducing any party to a contract of sale or lease

or brokerage agreement to break the contract of sale or

lease or brokerage agreement for the purpose of

substituting, in lieu thereof, a new contract for sale or

lease or brokerage agreement with a third party.

(33) Negotiating a sale, exchange, or lease of real

estate directly with any person if the licensee knows that

the person has an exclusive brokerage agreement with

another broker, unless specifically authorized by that

broker.

(34) When a licensee is also an attorney, acting as the

attorney for either the buyer or the seller in the same

transaction in which the licensee is acting or has acted as

a managing broker or broker.

(35) Advertising or offering merchandise or services

as free if any conditions or obligations necessary for

receiving the merchandise or services are not disclosed in

the same advertisement or offer. These conditions or

obligations include without limitation the requirement

that the recipient attend a promotional activity or visit a

real estate site. As used in this subdivision (35), "free"

includes terms such as "award", "prize", "no charge", "free

of charge", "without charge", and similar words or phrases

that reasonably lead a person to believe that he or she may

receive or has been selected to receive something of value,

without any conditions or obligations on the part of the

recipient.

(36) (Blank).

(37) Violating the terms of a disciplinary order issued

by the Department.

(38) Paying or failing to disclose compensation in

violation of Article 10 of this Act.

(39) Requiring a party to a transaction who is not a

client of the licensee to allow the licensee to retain a

portion of the escrow moneys for payment of the licensee's

commission or expenses as a condition for release of the

escrow moneys to that party.

(40) Disregarding or violating any provision of this

Act or the published rules adopted by the Department to

enforce this Act or aiding or abetting any individual,

foreign or domestic partnership, registered limited

liability partnership, limited liability company,

corporation, or other business entity in disregarding any

provision of this Act or the published rules adopted by the

Department to enforce this Act.

(41) Failing to provide the minimum services required

by Section 15-75 of this Act when acting under an exclusive

brokerage agreement.

(42) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in a managing broker, broker, or leasing

agent's inability to practice with reasonable skill or

safety.

(43) Enabling, aiding, or abetting an auctioneer, as

defined in the Auction License Act, to conduct a real

estate auction in a manner that is in violation of this

Act.

(44) Permitting any leasing agent or temporary leasing

agent permit holder to engage in activities that require a

broker's or managing broker's license.

(b) The Department may refuse to issue or renew or may

suspend the license of any person who fails to file a return,

pay the tax, penalty or interest shown in a filed return, or

pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Department of

Revenue, until such time as the requirements of that tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Civil Administrative Code of Illinois.

(c) (Blank).

(d) In cases where the Department of Healthcare and Family

Services (formerly Department of Public Aid) has previously

determined that a licensee or a potential licensee is more than

30 days delinquent in the payment of child support and has

subsequently certified the delinquency to the Department may

refuse to issue or renew or may revoke or suspend that person's

license or may take other disciplinary action against that

person based solely upon the certification of delinquency made

by the Department of Healthcare and Family Services in

accordance with item (5) of subsection (a) of Section 2105-15

of the Civil Administrative Code of Illinois.

(e) In enforcing this Section, the Department or Board upon

a showing of a possible violation may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, as required by and at the expense of the

Department. The Department or Board may order the examining

physician to present testimony concerning the mental or

physical examination of the licensee or applicant. No

information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physicians shall be specifically designated by the

Board or Department. The individual to be examined may have, at

his or her own expense, another physician of his or her choice

present during all aspects of this examination. Failure of an

individual to submit to a mental or physical examination, when

directed, shall be grounds for suspension of his or her license

until the individual submits to the examination if the

Department finds, after notice and hearing, that the refusal to

submit to the examination was without reasonable cause.

If the Department or Board finds an individual unable to

practice because of the reasons set forth in this Section, the

Department or Board may require that individual to submit to

care, counseling, or treatment by physicians approved or

designated by the Department or Board, as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice; or, in lieu of care, counseling, or treatment, the

Department may file, or the Board may recommend to the

Department to file, a complaint to immediately suspend, revoke,

or otherwise discipline the license of the individual. An

individual whose license was granted, continued, reinstated,

renewed, disciplined or supervised subject to such terms,

conditions, or restrictions, and who fails to comply with such

terms, conditions, or restrictions, shall be referred to the

Secretary for a determination as to whether the individual

shall have his or her license suspended immediately, pending a

hearing by the Department.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 30 days after

the suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department or Board that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18;

100-188, eff. 1-1-18; 100-534, eff. 9-22-17; 100-831, eff.

1-1-19; 100-863, eff. 8-14-18; 100-872, eff. 8-14-18; revised

10-22-18.)

Section 530. The Real Estate Appraiser Licensing Act of

2002 is amended by changing Sections 5-20 and 5-25 as follows:

(225 ILCS 458/5-20)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-20. Application for associate real estate trainee

appraiser. Every person who desires to obtain an associate real

estate trainee appraiser license shall:

(1) apply to the Department on forms provided by the

Department, or through a multi-state licensing system as

designated by the Secretary, accompanied by the required

fee;

(2) be at least 18 years of age;

(3) provide evidence of having attained a high school

diploma or completed an equivalent course of study as

determined by an examination conducted or accepted by the

Illinois State Board of Education;

(4) (blank); and

(5) provide evidence to the Department, or through a

multi-state licensing system as designated by the

Secretary, that he or she has successfully completed the

prerequisite qualifying and any conditional education

requirements as established by rule.

(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;

revised 10-22-18.)

(225 ILCS 458/5-25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-25. Renewal of license.

(a) The expiration date and renewal period for a State

certified general real estate appraiser license or a State

certified residential real estate appraiser license issued

under this Act shall be set by rule. Except as otherwise

provided in subsections (b) and (f) of this Section, the holder

of a license may renew the license within 90 days preceding the

expiration date by:

(1) completing and submitting to the Department, or

through a multi-state licensing system as designated by the

Secretary, a renewal application form as provided by the

Department;

(2) paying the required fees; and

(3) providing evidence to the Department, or through a

multi-state licensing system as designated by the

Secretary, of successful completion of the continuing

education requirements through courses approved by the

Department from education providers licensed by the

Department, as established by the AQB and by rule.

(b) A State certified general real estate appraiser or

State certified residential real estate appraiser whose

license under this Act has expired may renew the license for a

period of 2 years following the expiration date by complying

with the requirements of paragraphs (1), (2), and (3) of

subsection (a) of this Section and paying any late penalties

established by rule.

(c) (Blank).

(d) The expiration date and renewal period for an associate

real estate trainee appraiser license issued under this Act

shall be set by rule. Except as otherwise provided in

subsections (e) and (f) of this Section, the holder of an

associate real estate appraiser license may renew the license

within 90 days preceding the expiration date by:

(1) completing and submitting to the Department, or

through a multi-state licensing system as designated by the

Secretary, a renewal application form as provided by the

Department;

(2) paying the required fees; and

(3) providing evidence to the Department, or through a

multi-state licensing system as designated by the

Secretary, of successful completion of the continuing

education requirements through courses approved by the

Department from education providers approved by the

Department, as established by rule.

(e) Any associate real estate appraiser trainee whose

license under this Act has expired may renew the license for a

period of 2 years following the expiration date by complying

with the requirements of paragraphs (1), (2), and (3) of

subsection (d) of this Section and paying any late penalties as

established by rule.

(f) Notwithstanding subsections (c) and (e), an appraiser

whose license under this Act has expired may renew or convert

the license without paying any lapsed renewal fees or late

penalties if the license expired while the appraiser was:

(1) on active duty with the United States Armed

Services;

(2) serving as the Coordinator of Real Estate Appraisal

or an employee of the Department who was required to

surrender his or her license during the term of employment.

Application for renewal must be made within 2 years

following the termination of the military service or related

education, training, or employment. The licensee shall furnish

the Department with an affidavit that he or she was so engaged.

(g) The Department shall provide reasonable care and due

diligence to ensure that each licensee under this Act is

provided with a renewal application at least 90 days prior to

the expiration date, but each licensee is responsible to timely

renew or convert his or her license prior to its expiration

date.

(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;

revised 10-22-18.)

Section 535. The Appraisal Management Company Registration

Act is amended by changing Section 65 as follows:

(225 ILCS 459/65)

Sec. 65. Disciplinary actions.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department may

deem appropriate, including imposing fines not to exceed

$25,000 for each violation, with regard to any registration for

any one or combination of the following:

(1) Material misstatement in furnishing information to

the Department.

(2) Violations of this Act, or of the rules adopted

under this Act.

(3) Conviction of, or entry of a plea of guilty or nolo

contendere to any crime that is a felony under the laws of

the United States or any state or territory thereof or that

is a misdemeanor of which an essential element is

dishonesty, or any crime that is directly related to the

practice of the profession.

(4) Making any misrepresentation for the purpose of

obtaining registration or violating any provision of this

Act or the rules adopted under this Act pertaining to

advertising.

(5) Professional incompetence.

(6) Gross malpractice.

(7) Aiding or assisting another person in violating any

provision of this Act or rules adopted under this Act.

(8) Failing, within 30 days after requested, to provide

information in response to a written request made by the

Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(10) Discipline by another state, District of

Columbia, territory, or foreign nation, if at least one of

the grounds for the discipline is the same or substantially

equivalent to those set forth in this Section.

(11) A finding by the Department that the registrant,

after having his or her registration placed on probationary

status, has violated the terms of probation.

(12) Willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with State agencies or departments.

(13) Filing false statements for collection of fees for

which services are not rendered.

(14) Practicing under a false or, except as provided by

law, an assumed name.

(15) Fraud or misrepresentation in applying for, or

procuring, a registration under this Act or in connection

with applying for renewal of a registration under this Act.

(16) Being adjudicated liable in a civil proceeding for

violation of a state or federal fair housing law.

(17) Failure to obtain or maintain the bond required

under Section 50 of this Act.

(18) Failure to pay appraiser panel fees or appraisal

management company national registry fees.

(b) The Department may refuse to issue or may suspend

without hearing as provided for in the Civil Administrative

Code of Illinois the registration of any person who fails to

file a return, or to pay the tax, penalty or interest shown in

a filed return, or to pay any final assessment of the tax,

penalty, or interest as required by any tax Act administered by

the Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied.

(c) An appraisal management company shall not be registered

or included on the national registry if the company, in whole

or in part, directly or indirectly, is owned by a person who

has had an appraiser license or certificate refused, denied,

canceled, surrendered in lieu of revocation, or revoked under

the Real Estate Appraiser Licensing Act of 2002 or the rules

adopted under that Act, or similar discipline by another state,

the District of Columbia, a territory, a foreign nation, a

governmental agency, or an entity authorized to impose

discipline if at least one of the grounds for that discipline

is the same as or the equivalent of one of the grounds for

which a licensee may be disciplined as set forth under this

Section.

(Source: P.A. 100-604, eff. 7-13-18; revised 10-22-18.)

Section 540. The Animal Welfare Act is amended by changing

Section 2 as follows:

(225 ILCS 605/2) (from Ch. 8, par. 302)

Sec. 2. Definitions. As used in this Act unless the context

otherwise requires:

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of

Agriculture.

"Pet shop operator" means any person who sells, offers to

sell, exchange, or offers for adoption with or without charge

or donation dogs, cats, birds, fish, reptiles, or other animals

customarily obtained as pets in this State. However, a person

who sells only such animals that he has produced and raised

shall not be considered a pet shop operator under this Act, and

a veterinary hospital or clinic operated by a veterinarian or

veterinarians licensed under the Veterinary Medicine and

Surgery Practice Act of 2004 shall not be considered a pet shop

operator under this Act.

"Dog dealer" means any person who sells, offers to sell,

exchange, or offers for adoption with or without charge or

donation dogs in this State. However, a person who sells only

dogs that he has produced and raised shall not be considered a

dog dealer under this Act, and a veterinary hospital or clinic

operated by a veterinarian or veterinarians licensed under the

Veterinary Medicine and Surgery Practice Act of 2004 shall not

be considered a dog dealer under this Act.

"Secretary of Agriculture" or "Secretary" means the

Secretary of Agriculture of the United States Department of

Agriculture.

"Person" means any person, firm, corporation, partnership,

association or other legal entity, any public or private

institution, the State of Illinois, or any municipal

corporation or political subdivision of the State.

"Kennel operator" means any person who operates an

establishment, other than an animal control facility,

veterinary hospital, or animal shelter, where dogs or dogs and

cats are maintained for boarding, training or similar purposes

for a fee or compensation.

"Boarding" means a time frame greater than 12 hours or an

overnight period during which an animal is kept by a kennel

operator.

"Cat breeder" means a person who sells, offers to sell,

exchanges, or offers for adoption with or without charge cats

that he or she has produced and raised. A person who owns, has

possession of, or harbors 5 or less females capable of

reproduction shall not be considered a cat breeder.

"Dog breeder" means a person who sells, offers to sell,

exchanges, or offers for adoption with or without charge dogs

that he has produced and raised. A person who owns, has

possession of, or harbors 5 or less females capable of

reproduction shall not be considered a dog breeder.

"Animal control facility" means any facility operated by or

under contract for the State, county, or any municipal

corporation or political subdivision of the State for the

purpose of impounding or harboring seized, stray, homeless,

abandoned or unwanted dogs, cats, and other animals. "Animal

control facility" also means any veterinary hospital or clinic

operated by a veterinarian or veterinarians licensed under the

Veterinary Medicine and Surgery Practice Act of 2004 which

operates for the above mentioned purpose in addition to its

customary purposes.

"Animal shelter" means a facility operated, owned, or

maintained by a duly incorporated humane society, animal

welfare society, or other non-profit organization for the

purpose of providing for and promoting the welfare, protection,

and humane treatment of animals. "Animal shelter" also means

any veterinary hospital or clinic operated by a veterinarian or

veterinarians licensed under the Veterinary Medicine and

Surgery Practice Act of 2004 which operates for the above

mentioned purpose in addition to its customary purposes.

"Day care operator" means a person who operates an

establishment, other than an animal control facility,

veterinary hospital, or animal shelter, where dogs or dogs and

cats are kept for a period of time not exceeding 12 hours.

"Foster home" means an entity that accepts the

responsibility for stewardship of animals that are the

obligation of an animal shelter or animal control facility, not

to exceed 4 animals at any given time. Permits to operate as a

"foster home" shall be issued through the animal shelter or

animal control facility.

"Guard dog service" means an entity that, for a fee,

furnishes or leases guard or sentry dogs for the protection of

life or property. A person is not a guard dog service solely

because he or she owns a dog and uses it to guard his or her

home, business, or farmland.

"Guard dog" means a type of dog used primarily for the

purpose of defending, patrolling, or protecting property or

life at a commercial establishment other than a farm. "Guard

dog" does not include stock dogs used primarily for handling

and controlling livestock or farm animals, nor does it include

personally owned pets that also provide security.

"Sentry dog" means a dog trained to work without

supervision in a fenced facility other than a farm, and to

deter or detain unauthorized persons found within the facility.

"Probationary status" means the 12-month period following

a series of violations of this Act during which any further

violation shall result in an automatic 12-month suspension of

licensure.

"Owner" means any person having a right of property in an

animal, who keeps or harbors an animal, who has an animal in

his or her care or acts as its custodian, or who knowingly

permits a dog to remain on any premises occupied by him or her.

"Owner" does not include a feral cat caretaker participating in

a trap, spay/neuter, return or release program.

(Source: P.A. 99-310, eff. 1-1-16; 100-842, eff. 1-1-19;

100-870, eff. 1-1-19; revised 10-22-18.)

Section 545. The Surface Coal Mining Land Conservation and

Reclamation Act is amended by changing Section 1.06 as follows:

(225 ILCS 720/1.06) (from Ch. 96 1/2, par. 7901.06)

Sec. 1.06. Scope of the Act. This Act shall apply to all

mining operations, except:

(a) the private non-commercial extraction of coal by a

landowner or lessee where 250 tons or less of coal are

removed in any 12 consecutive months;

(b) the extraction of coal incidental to the extraction

of other minerals where the coal does not exceed 16 2/3% of

the total mineral tonnage mined;

(c) coal exploration on federal lands;

(d) the extraction of coal on federal lands except to

the extent provided under a cooperative agreement with the

United States in accordance with Section 9.03; and

(e) the extraction of coal as an incidental part of a

federal, State, or local government-financed highway or

other construction under rules adopted by the Department.

(Source: P.A. 100-936, eff. 8-17-18; revised 10-22-18.)

Section 550. The Forest Products Transportation Act is

amended by changing Section 2.02 as follows:

(225 ILCS 740/2.02) (from Ch. 96 1/2, par. 6904)

Sec. 2.02. "Tree" or "trees" means any tree, standing or

felled, living or dead, and includes both those trees included

within the definition of "timber" in Section 2 of the "Timber

Buyers Licensing Act" and Christmas trees. The term does not

apply to trees or parts of trees that have been cut into

firewood.

(Source: P.A. 77-2801; revised 10-22-18.)

Section 555. The Illinois Horse Racing Act of 1975 is

amended by changing Sections 26 and 26.7 as follows:

(230 ILCS 5/26) (from Ch. 8, par. 37-26)

Sec. 26. Wagering.

(a) Any licensee may conduct and supervise the pari-mutuel

system of wagering, as defined in Section 3.12 of this Act, on

horse races conducted by an Illinois organization licensee or

conducted at a racetrack located in another state or country

and televised in Illinois in accordance with subsection (g) of

Section 26 of this Act. Subject to the prior consent of the

Board, licensees may supplement any pari-mutuel pool in order

to guarantee a minimum distribution. Such pari-mutuel method of

wagering shall not, under any circumstances if conducted under

the provisions of this Act, be held or construed to be

unlawful, other statutes of this State to the contrary

notwithstanding. Subject to rules for advance wagering

promulgated by the Board, any licensee may accept wagers in

advance of the day of the race wagered upon occurs.

(b) No other method of betting, pool making, wagering or

gambling shall be used or permitted by the licensee. Each

licensee may retain, subject to the payment of all applicable

taxes and purses, an amount not to exceed 17% of all money

wagered under subsection (a) of this Section, except as may

otherwise be permitted under this Act.

(b-5) An individual may place a wager under the pari-mutuel

system from any licensed location authorized under this Act

provided that wager is electronically recorded in the manner

described in Section 3.12 of this Act. Any wager made

electronically by an individual while physically on the

premises of a licensee shall be deemed to have been made at the

premises of that licensee.

(c) Until January 1, 2000, the sum held by any licensee for

payment of outstanding pari-mutuel tickets, if unclaimed prior

to December 31 of the next year, shall be retained by the

licensee for payment of such tickets until that date. Within 10

days thereafter, the balance of such sum remaining unclaimed,

less any uncashed supplements contributed by such licensee for

the purpose of guaranteeing minimum distributions of any

pari-mutuel pool, shall be paid to the Illinois Veterans'

Rehabilitation Fund of the State treasury, except as provided

in subsection (g) of Section 27 of this Act.

(c-5) Beginning January 1, 2000, the sum held by any

licensee for payment of outstanding pari-mutuel tickets, if

unclaimed prior to December 31 of the next year, shall be

retained by the licensee for payment of such tickets until that

date. Within 10 days thereafter, the balance of such sum

remaining unclaimed, less any uncashed supplements contributed

by such licensee for the purpose of guaranteeing minimum

distributions of any pari-mutuel pool, shall be evenly

distributed to the purse account of the organization licensee

and the organization licensee.

(d) A pari-mutuel ticket shall be honored until December 31

of the next calendar year, and the licensee shall pay the same

and may charge the amount thereof against unpaid money

similarly accumulated on account of pari-mutuel tickets not

presented for payment.

(e) No licensee shall knowingly permit any minor, other

than an employee of such licensee or an owner, trainer, jockey,

driver, or employee thereof, to be admitted during a racing

program unless accompanied by a parent or guardian, or any

minor to be a patron of the pari-mutuel system of wagering

conducted or supervised by it. The admission of any

unaccompanied minor, other than an employee of the licensee or

an owner, trainer, jockey, driver, or employee thereof at a

race track is a Class C misdemeanor.

(f) Notwithstanding the other provisions of this Act, an

organization licensee may contract with an entity in another

state or country to permit any legal wagering entity in another

state or country to accept wagers solely within such other

state or country on races conducted by the organization

licensee in this State. Beginning January 1, 2000, these wagers

shall not be subject to State taxation. Until January 1, 2000,

when the out-of-State entity conducts a pari-mutuel pool

separate from the organization licensee, a privilege tax equal

to 7 1/2% of all monies received by the organization licensee

from entities in other states or countries pursuant to such

contracts is imposed on the organization licensee, and such

privilege tax shall be remitted to the Department of Revenue

within 48 hours of receipt of the moneys from the simulcast.

When the out-of-State entity conducts a combined pari-mutuel

pool with the organization licensee, the tax shall be 10% of

all monies received by the organization licensee with 25% of

the receipts from this 10% tax to be distributed to the county

in which the race was conducted.

An organization licensee may permit one or more of its

races to be utilized for pari-mutuel wagering at one or more

locations in other states and may transmit audio and visual

signals of races the organization licensee conducts to one or

more locations outside the State or country and may also permit

pari-mutuel pools in other states or countries to be combined

with its gross or net wagering pools or with wagering pools

established by other states.

(g) A host track may accept interstate simulcast wagers on

horse races conducted in other states or countries and shall

control the number of signals and types of breeds of racing in

its simulcast program, subject to the disapproval of the Board.

The Board may prohibit a simulcast program only if it finds

that the simulcast program is clearly adverse to the integrity

of racing. The host track simulcast program shall include the

signal of live racing of all organization licensees. All

non-host licensees and advance deposit wagering licensees

shall carry the signal of and accept wagers on live racing of

all organization licensees. Advance deposit wagering licensees

shall not be permitted to accept out-of-state wagers on any

Illinois signal provided pursuant to this Section without the

approval and consent of the organization licensee providing the

signal. For one year after August 15, 2014 (the effective date

of Public Act 98-968), non-host licensees may carry the host

track simulcast program and shall accept wagers on all races

included as part of the simulcast program of horse races

conducted at race tracks located within North America upon

which wagering is permitted. For a period of one year after

August 15, 2014 (the effective date of Public Act 98-968), on

horse races conducted at race tracks located outside of North

America, non-host licensees may accept wagers on all races

included as part of the simulcast program upon which wagering

is permitted. Beginning August 15, 2015 (one year after the

effective date of Public Act 98-968), non-host licensees may

carry the host track simulcast program and shall accept wagers

on all races included as part of the simulcast program upon

which wagering is permitted. All organization licensees shall

provide their live signal to all advance deposit wagering

licensees for a simulcast commission fee not to exceed 6% of

the advance deposit wagering licensee's Illinois handle on the

organization licensee's signal without prior approval by the

Board. The Board may adopt rules under which it may permit

simulcast commission fees in excess of 6%. The Board shall

adopt rules limiting the interstate commission fees charged to

an advance deposit wagering licensee. The Board shall adopt

rules regarding advance deposit wagering on interstate

simulcast races that shall reflect, among other things, the

General Assembly's desire to maximize revenues to the State,

horsemen purses, and organizational licensees. However,

organization licensees providing live signals pursuant to the

requirements of this subsection (g) may petition the Board to

withhold their live signals from an advance deposit wagering

licensee if the organization licensee discovers and the Board

finds reputable or credible information that the advance

deposit wagering licensee is under investigation by another

state or federal governmental agency, the advance deposit

wagering licensee's license has been suspended in another

state, or the advance deposit wagering licensee's license is in

revocation proceedings in another state. The organization

licensee's provision of their live signal to an advance deposit

wagering licensee under this subsection (g) pertains to wagers

placed from within Illinois. Advance deposit wagering

licensees may place advance deposit wagering terminals at

wagering facilities as a convenience to customers. The advance

deposit wagering licensee shall not charge or collect any fee

from purses for the placement of the advance deposit wagering

terminals. The costs and expenses of the host track and

non-host licensees associated with interstate simulcast

wagering, other than the interstate commission fee, shall be

borne by the host track and all non-host licensees incurring

these costs. The interstate commission fee shall not exceed 5%

of Illinois handle on the interstate simulcast race or races

without prior approval of the Board. The Board shall promulgate

rules under which it may permit interstate commission fees in

excess of 5%. The interstate commission fee and other fees

charged by the sending racetrack, including, but not limited

to, satellite decoder fees, shall be uniformly applied to the

host track and all non-host licensees.

Notwithstanding any other provision of this Act, through

December 31, 2020, an organization licensee, with the consent

of the horsemen association representing the largest number of

owners, trainers, jockeys, or standardbred drivers who race

horses at that organization licensee's racing meeting, may

maintain a system whereby advance deposit wagering may take

place or an organization licensee, with the consent of the

horsemen association representing the largest number of

owners, trainers, jockeys, or standardbred drivers who race

horses at that organization licensee's racing meeting, may

contract with another person to carry out a system of advance

deposit wagering. Such consent may not be unreasonably

withheld. Only with respect to an appeal to the Board that

consent for an organization licensee that maintains its own

advance deposit wagering system is being unreasonably

withheld, the Board shall issue a final order within 30 days

after initiation of the appeal, and the organization licensee's

advance deposit wagering system may remain operational during

that 30-day period. The actions of any organization licensee

who conducts advance deposit wagering or any person who has a

contract with an organization licensee to conduct advance

deposit wagering who conducts advance deposit wagering on or

after January 1, 2013 and prior to June 7, 2013 (the effective

date of Public Act 98-18) taken in reliance on the changes made

to this subsection (g) by Public Act 98-18 are hereby

validated, provided payment of all applicable pari-mutuel

taxes are remitted to the Board. All advance deposit wagers

placed from within Illinois must be placed through a

Board-approved advance deposit wagering licensee; no other

entity may accept an advance deposit wager from a person within

Illinois. All advance deposit wagering is subject to any rules

adopted by the Board. The Board may adopt rules necessary to

regulate advance deposit wagering through the use of emergency

rulemaking in accordance with Section 5-45 of the Illinois

Administrative Procedure Act. The General Assembly finds that

the adoption of rules to regulate advance deposit wagering is

deemed an emergency and necessary for the public interest,

safety, and welfare. An advance deposit wagering licensee may

retain all moneys as agreed to by contract with an organization

licensee. Any moneys retained by the organization licensee from

advance deposit wagering, not including moneys retained by the

advance deposit wagering licensee, shall be paid 50% to the

organization licensee's purse account and 50% to the

organization licensee. With the exception of any organization

licensee that is owned by a publicly traded company that is

incorporated in a state other than Illinois and advance deposit

wagering licensees under contract with such organization

licensees, organization licensees that maintain advance

deposit wagering systems and advance deposit wagering

licensees that contract with organization licensees shall

provide sufficiently detailed monthly accountings to the

horsemen association representing the largest number of

owners, trainers, jockeys, or standardbred drivers who race

horses at that organization licensee's racing meeting so that

the horsemen association, as an interested party, can confirm

the accuracy of the amounts paid to the purse account at the

horsemen association's affiliated organization licensee from

advance deposit wagering. If more than one breed races at the

same race track facility, then the 50% of the moneys to be paid

to an organization licensee's purse account shall be allocated

among all organization licensees' purse accounts operating at

that race track facility proportionately based on the actual

number of host days that the Board grants to that breed at that

race track facility in the current calendar year. To the extent

any fees from advance deposit wagering conducted in Illinois

for wagers in Illinois or other states have been placed in

escrow or otherwise withheld from wagers pending a

determination of the legality of advance deposit wagering, no

action shall be brought to declare such wagers or the

disbursement of any fees previously escrowed illegal.

(1) Between the hours of 6:30 a.m. and 6:30 p.m. an

inter-track wagering licensee other than the host track may

supplement the host track simulcast program with

additional simulcast races or race programs, provided that

between January 1 and the third Friday in February of any

year, inclusive, if no live thoroughbred racing is

occurring in Illinois during this period, only

thoroughbred races may be used for supplemental interstate

simulcast purposes. The Board shall withhold approval for a

supplemental interstate simulcast only if it finds that the

simulcast is clearly adverse to the integrity of racing. A

supplemental interstate simulcast may be transmitted from

an inter-track wagering licensee to its affiliated

non-host licensees. The interstate commission fee for a

supplemental interstate simulcast shall be paid by the

non-host licensee and its affiliated non-host licensees

receiving the simulcast.

(2) Between the hours of 6:30 p.m. and 6:30 a.m. an

inter-track wagering licensee other than the host track may

receive supplemental interstate simulcasts only with the

consent of the host track, except when the Board finds that

the simulcast is clearly adverse to the integrity of

racing. Consent granted under this paragraph (2) to any

inter-track wagering licensee shall be deemed consent to

all non-host licensees. The interstate commission fee for

the supplemental interstate simulcast shall be paid by all

participating non-host licensees.

(3) Each licensee conducting interstate simulcast

wagering may retain, subject to the payment of all

applicable taxes and the purses, an amount not to exceed

17% of all money wagered. If any licensee conducts the

pari-mutuel system wagering on races conducted at

racetracks in another state or country, each such race or

race program shall be considered a separate racing day for

the purpose of determining the daily handle and computing

the privilege tax of that daily handle as provided in

subsection (a) of Section 27. Until January 1, 2000, from

the sums permitted to be retained pursuant to this

subsection, each inter-track wagering location licensee

shall pay 1% of the pari-mutuel handle wagered on simulcast

wagering to the Horse Racing Tax Allocation Fund, subject

to the provisions of subparagraph (B) of paragraph (11) of

subsection (h) of Section 26 of this Act.

(4) A licensee who receives an interstate simulcast may

combine its gross or net pools with pools at the sending

racetracks pursuant to rules established by the Board. All

licensees combining their gross pools at a sending

racetrack shall adopt the takeout take-out percentages of

the sending racetrack. A licensee may also establish a

separate pool and takeout structure for wagering purposes

on races conducted at race tracks outside of the State of

Illinois. The licensee may permit pari-mutuel wagers

placed in other states or countries to be combined with its

gross or net wagering pools or other wagering pools.

(5) After the payment of the interstate commission fee

(except for the interstate commission fee on a supplemental

interstate simulcast, which shall be paid by the host track

and by each non-host licensee through the host track

host-track) and all applicable State and local taxes,

except as provided in subsection (g) of Section 27 of this

Act, the remainder of moneys retained from simulcast

wagering pursuant to this subsection (g), and Section 26.2

shall be divided as follows:

(A) For interstate simulcast wagers made at a host

track, 50% to the host track and 50% to purses at the

host track.

(B) For wagers placed on interstate simulcast

races, supplemental simulcasts as defined in

subparagraphs (1) and (2), and separately pooled races

conducted outside of the State of Illinois made at a

non-host licensee, 25% to the host track, 25% to the

non-host licensee, and 50% to the purses at the host

track.

(6) Notwithstanding any provision in this Act to the

contrary, non-host licensees who derive their licenses

from a track located in a county with a population in

excess of 230,000 and that borders the Mississippi River

may receive supplemental interstate simulcast races at all

times subject to Board approval, which shall be withheld

only upon a finding that a supplemental interstate

simulcast is clearly adverse to the integrity of racing.

(7) Effective January 1, 2017, notwithstanding any

provision of this Act to the contrary, after payment of all

applicable State and local taxes and interstate commission

fees, non-host licensees who derive their licenses from a

track located in a county with a population in excess of

230,000 and that borders the Mississippi River shall retain

50% of the retention from interstate simulcast wagers and

shall pay 50% to purses at the track from which the

non-host licensee derives its license.

(7.1) Notwithstanding any other provision of this Act

to the contrary, if no standardbred racing is conducted at

a racetrack located in Madison County during any calendar

year beginning on or after January 1, 2002, all moneys

derived by that racetrack from simulcast wagering and

inter-track wagering that (1) are to be used for purses and

(2) are generated between the hours of 6:30 p.m. and 6:30

a.m. during that calendar year shall be paid as follows:

(A) If the licensee that conducts horse racing at

that racetrack requests from the Board at least as many

racing dates as were conducted in calendar year 2000,

80% shall be paid to its thoroughbred purse account;

and

(B) Twenty percent shall be deposited into the

Illinois Colt Stakes Purse Distribution Fund and shall

be paid to purses for standardbred races for Illinois

conceived and foaled horses conducted at any county

fairgrounds. The moneys deposited into the Fund

pursuant to this subparagraph (B) shall be deposited

within 2 weeks after the day they were generated, shall

be in addition to and not in lieu of any other moneys

paid to standardbred purses under this Act, and shall

not be commingled with other moneys paid into that

Fund. The moneys deposited pursuant to this

subparagraph (B) shall be allocated as provided by the

Department of Agriculture, with the advice and

assistance of the Illinois Standardbred Breeders Fund

Advisory Board.

(7.2) Notwithstanding any other provision of this Act

to the contrary, if no thoroughbred racing is conducted at

a racetrack located in Madison County during any calendar

year beginning on or after January 1, 2002, all moneys

derived by that racetrack from simulcast wagering and

inter-track wagering that (1) are to be used for purses and

(2) are generated between the hours of 6:30 a.m. and 6:30

p.m. during that calendar year shall be deposited as

follows:

(A) If the licensee that conducts horse racing at

that racetrack requests from the Board at least as many

racing dates as were conducted in calendar year 2000,

80% shall be deposited into its standardbred purse

account; and

(B) Twenty percent shall be deposited into the

Illinois Colt Stakes Purse Distribution Fund. Moneys

deposited into the Illinois Colt Stakes Purse

Distribution Fund pursuant to this subparagraph (B)

shall be paid to Illinois conceived and foaled

thoroughbred breeders' programs and to thoroughbred

purses for races conducted at any county fairgrounds

for Illinois conceived and foaled horses at the

discretion of the Department of Agriculture, with the

advice and assistance of the Illinois Thoroughbred

Breeders Fund Advisory Board. The moneys deposited

into the Illinois Colt Stakes Purse Distribution Fund

pursuant to this subparagraph (B) shall be deposited

within 2 weeks after the day they were generated, shall

be in addition to and not in lieu of any other moneys

paid to thoroughbred purses under this Act, and shall

not be commingled with other moneys deposited into that

Fund.

(7.3) (Blank).

(7.4) (Blank).

(8) Notwithstanding any provision in this Act to the

contrary, an organization licensee from a track located in

a county with a population in excess of 230,000 and that

borders the Mississippi River and its affiliated non-host

licensees shall not be entitled to share in any retention

generated on racing, inter-track wagering, or simulcast

wagering at any other Illinois wagering facility.

(8.1) Notwithstanding any provisions in this Act to the

contrary, if 2 organization licensees are conducting

standardbred race meetings concurrently between the hours

of 6:30 p.m. and 6:30 a.m., after payment of all applicable

State and local taxes and interstate commission fees, the

remainder of the amount retained from simulcast wagering

otherwise attributable to the host track and to host track

purses shall be split daily between the 2 organization

licensees and the purses at the tracks of the 2

organization licensees, respectively, based on each

organization licensee's share of the total live handle for

that day, provided that this provision shall not apply to

any non-host licensee that derives its license from a track

located in a county with a population in excess of 230,000

and that borders the Mississippi River.

(9) (Blank).

(10) (Blank).

(11) (Blank).

(12) The Board shall have authority to compel all host

tracks to receive the simulcast of any or all races

conducted at the Springfield or DuQuoin State fairgrounds

and include all such races as part of their simulcast

programs.

(13) Notwithstanding any other provision of this Act,

in the event that the total Illinois pari-mutuel handle on

Illinois horse races at all wagering facilities in any

calendar year is less than 75% of the total Illinois

pari-mutuel handle on Illinois horse races at all such

wagering facilities for calendar year 1994, then each

wagering facility that has an annual total Illinois

pari-mutuel handle on Illinois horse races that is less

than 75% of the total Illinois pari-mutuel handle on

Illinois horse races at such wagering facility for calendar

year 1994, shall be permitted to receive, from any amount

otherwise payable to the purse account at the race track

with which the wagering facility is affiliated in the

succeeding calendar year, an amount equal to 2% of the

differential in total Illinois pari-mutuel handle on

Illinois horse races at the wagering facility between that

calendar year in question and 1994 provided, however, that

a wagering facility shall not be entitled to any such

payment until the Board certifies in writing to the

wagering facility the amount to which the wagering facility

is entitled and a schedule for payment of the amount to the

wagering facility, based on: (i) the racing dates awarded

to the race track affiliated with the wagering facility

during the succeeding year; (ii) the sums available or

anticipated to be available in the purse account of the

race track affiliated with the wagering facility for purses

during the succeeding year; and (iii) the need to ensure

reasonable purse levels during the payment period. The

Board's certification shall be provided no later than

January 31 of the succeeding year. In the event a wagering

facility entitled to a payment under this paragraph (13) is

affiliated with a race track that maintains purse accounts

for both standardbred and thoroughbred racing, the amount

to be paid to the wagering facility shall be divided

between each purse account pro rata, based on the amount of

Illinois handle on Illinois standardbred and thoroughbred

racing respectively at the wagering facility during the

previous calendar year. Annually, the General Assembly

shall appropriate sufficient funds from the General

Revenue Fund to the Department of Agriculture for payment

into the thoroughbred and standardbred horse racing purse

accounts at Illinois pari-mutuel tracks. The amount paid to

each purse account shall be the amount certified by the

Illinois Racing Board in January to be transferred from

each account to each eligible racing facility in accordance

with the provisions of this Section.

(h) The Board may approve and license the conduct of

inter-track wagering and simulcast wagering by inter-track

wagering licensees and inter-track wagering location licensees

subject to the following terms and conditions:

(1) Any person licensed to conduct a race meeting (i)

at a track where 60 or more days of racing were conducted

during the immediately preceding calendar year or where

over the 5 immediately preceding calendar years an average

of 30 or more days of racing were conducted annually may be

issued an inter-track wagering license; (ii) at a track

located in a county that is bounded by the Mississippi

River, which has a population of less than 150,000

according to the 1990 decennial census, and an average of

at least 60 days of racing per year between 1985 and 1993

may be issued an inter-track wagering license; or (iii) at

a track located in Madison County that conducted at least

100 days of live racing during the immediately preceding

calendar year may be issued an inter-track wagering

license, unless a lesser schedule of live racing is the

result of (A) weather, unsafe track conditions, or other

acts of God; (B) an agreement between the organization

licensee and the associations representing the largest

number of owners, trainers, jockeys, or standardbred

drivers who race horses at that organization licensee's

racing meeting; or (C) a finding by the Board of

extraordinary circumstances and that it was in the best

interest of the public and the sport to conduct fewer than

100 days of live racing. Any such person having operating

control of the racing facility may receive inter-track

wagering location licenses. An eligible race track located

in a county that has a population of more than 230,000 and

that is bounded by the Mississippi River may establish up

to 9 inter-track wagering locations, an eligible race track

located in Stickney Township in Cook County may establish

up to 16 inter-track wagering locations, and an eligible

race track located in Palatine Township in Cook County may

establish up to 18 inter-track wagering locations. An

application for said license shall be filed with the Board

prior to such dates as may be fixed by the Board. With an

application for an inter-track wagering location license

there shall be delivered to the Board a certified check or

bank draft payable to the order of the Board for an amount

equal to $500. The application shall be on forms prescribed

and furnished by the Board. The application shall comply

with all other rules, regulations and conditions imposed by

the Board in connection therewith.

(2) The Board shall examine the applications with

respect to their conformity with this Act and the rules and

regulations imposed by the Board. If found to be in

compliance with the Act and rules and regulations of the

Board, the Board may then issue a license to conduct

inter-track wagering and simulcast wagering to such

applicant. All such applications shall be acted upon by the

Board at a meeting to be held on such date as may be fixed

by the Board.

(3) In granting licenses to conduct inter-track

wagering and simulcast wagering, the Board shall give due

consideration to the best interests of the public, of horse

racing, and of maximizing revenue to the State.

(4) Prior to the issuance of a license to conduct

inter-track wagering and simulcast wagering, the applicant

shall file with the Board a bond payable to the State of

Illinois in the sum of $50,000, executed by the applicant

and a surety company or companies authorized to do business

in this State, and conditioned upon (i) the payment by the

licensee of all taxes due under Section 27 or 27.1 and any

other monies due and payable under this Act, and (ii)

distribution by the licensee, upon presentation of the

winning ticket or tickets, of all sums payable to the

patrons of pari-mutuel pools.

(5) Each license to conduct inter-track wagering and

simulcast wagering shall specify the person to whom it is

issued, the dates on which such wagering is permitted, and

the track or location where the wagering is to be

conducted.

(6) All wagering under such license is subject to this

Act and to the rules and regulations from time to time

prescribed by the Board, and every such license issued by

the Board shall contain a recital to that effect.

(7) An inter-track wagering licensee or inter-track

wagering location licensee may accept wagers at the track

or location where it is licensed, or as otherwise provided

under this Act.

(8) Inter-track wagering or simulcast wagering shall

not be conducted at any track less than 5 miles from a

track at which a racing meeting is in progress.

(8.1) Inter-track wagering location licensees who

derive their licenses from a particular organization

licensee shall conduct inter-track wagering and simulcast

wagering only at locations that are within 160 miles of

that race track where the particular organization licensee

is licensed to conduct racing. However, inter-track

wagering and simulcast wagering shall not be conducted by

those licensees at any location within 5 miles of any race

track at which a horse race meeting has been licensed in

the current year, unless the person having operating

control of such race track has given its written consent to

such inter-track wagering location licensees, which

consent must be filed with the Board at or prior to the

time application is made. In the case of any inter-track

wagering location licensee initially licensed after

December 31, 2013, inter-track wagering and simulcast

wagering shall not be conducted by those inter-track

wagering location licensees that are located outside the

City of Chicago at any location within 8 miles of any race

track at which a horse race meeting has been licensed in

the current year, unless the person having operating

control of such race track has given its written consent to

such inter-track wagering location licensees, which

consent must be filed with the Board at or prior to the

time application is made.

(8.2) Inter-track wagering or simulcast wagering shall

not be conducted by an inter-track wagering location

licensee at any location within 500 feet of an existing

church or existing school, nor within 500 feet of the

residences of more than 50 registered voters without

receiving written permission from a majority of the

registered voters at such residences. Such written

permission statements shall be filed with the Board. The

distance of 500 feet shall be measured to the nearest part

of any building used for worship services, education

programs, residential purposes, or conducting inter-track

wagering by an inter-track wagering location licensee, and

not to property boundaries. However, inter-track wagering

or simulcast wagering may be conducted at a site within 500

feet of a church, school or residences of 50 or more

registered voters if such church, school or residences have

been erected or established, or such voters have been

registered, after the Board issues the original

inter-track wagering location license at the site in

question. Inter-track wagering location licensees may

conduct inter-track wagering and simulcast wagering only

in areas that are zoned for commercial or manufacturing

purposes or in areas for which a special use has been

approved by the local zoning authority. However, no license

to conduct inter-track wagering and simulcast wagering

shall be granted by the Board with respect to any

inter-track wagering location within the jurisdiction of

any local zoning authority which has, by ordinance or by

resolution, prohibited the establishment of an inter-track

wagering location within its jurisdiction. However,

inter-track wagering and simulcast wagering may be

conducted at a site if such ordinance or resolution is

enacted after the Board licenses the original inter-track

wagering location licensee for the site in question.

(9) (Blank).

(10) An inter-track wagering licensee or an

inter-track wagering location licensee may retain, subject

to the payment of the privilege taxes and the purses, an

amount not to exceed 17% of all money wagered. Each program

of racing conducted by each inter-track wagering licensee

or inter-track wagering location licensee shall be

considered a separate racing day for the purpose of

determining the daily handle and computing the privilege

tax or pari-mutuel tax on such daily handle as provided in

Section 27.

(10.1) Except as provided in subsection (g) of Section

27 of this Act, inter-track wagering location licensees

shall pay 1% of the pari-mutuel handle at each location to

the municipality in which such location is situated and 1%

of the pari-mutuel handle at each location to the county in

which such location is situated. In the event that an

inter-track wagering location licensee is situated in an

unincorporated area of a county, such licensee shall pay 2%

of the pari-mutuel handle from such location to such

county.

(10.2) Notwithstanding any other provision of this

Act, with respect to inter-track wagering at a race track

located in a county that has a population of more than

230,000 and that is bounded by the Mississippi River ("the

first race track"), or at a facility operated by an

inter-track wagering licensee or inter-track wagering

location licensee that derives its license from the

organization licensee that operates the first race track,

on races conducted at the first race track or on races

conducted at another Illinois race track and

simultaneously televised to the first race track or to a

facility operated by an inter-track wagering licensee or

inter-track wagering location licensee that derives its

license from the organization licensee that operates the

first race track, those moneys shall be allocated as

follows:

(A) That portion of all moneys wagered on

standardbred racing that is required under this Act to

be paid to purses shall be paid to purses for

standardbred races.

(B) That portion of all moneys wagered on

thoroughbred racing that is required under this Act to

be paid to purses shall be paid to purses for

thoroughbred races.

(11) (A) After payment of the privilege or pari-mutuel

tax, any other applicable taxes, and the costs and expenses

in connection with the gathering, transmission, and

dissemination of all data necessary to the conduct of

inter-track wagering, the remainder of the monies retained

under either Section 26 or Section 26.2 of this Act by the

inter-track wagering licensee on inter-track wagering

shall be allocated with 50% to be split between the 2

participating licensees and 50% to purses, except that an

inter-track wagering licensee that derives its license

from a track located in a county with a population in

excess of 230,000 and that borders the Mississippi River

shall not divide any remaining retention with the Illinois

organization licensee that provides the race or races, and

an inter-track wagering licensee that accepts wagers on

races conducted by an organization licensee that conducts a

race meet in a county with a population in excess of

230,000 and that borders the Mississippi River shall not

divide any remaining retention with that organization

licensee.

(B) From the sums permitted to be retained pursuant to

this Act each inter-track wagering location licensee shall

pay (i) the privilege or pari-mutuel tax to the State; (ii)

4.75% of the pari-mutuel handle on inter-track wagering at

such location on races as purses, except that an

inter-track wagering location licensee that derives its

license from a track located in a county with a population

in excess of 230,000 and that borders the Mississippi River

shall retain all purse moneys for its own purse account

consistent with distribution set forth in this subsection

(h), and inter-track wagering location licensees that

accept wagers on races conducted by an organization

licensee located in a county with a population in excess of

230,000 and that borders the Mississippi River shall

distribute all purse moneys to purses at the operating host

track; (iii) until January 1, 2000, except as provided in

subsection (g) of Section 27 of this Act, 1% of the

pari-mutuel handle wagered on inter-track wagering and

simulcast wagering at each inter-track wagering location

licensee facility to the Horse Racing Tax Allocation Fund,

provided that, to the extent the total amount collected and

distributed to the Horse Racing Tax Allocation Fund under

this subsection (h) during any calendar year exceeds the

amount collected and distributed to the Horse Racing Tax

Allocation Fund during calendar year 1994, that excess

amount shall be redistributed (I) to all inter-track

wagering location licensees, based on each licensee's pro

rata pro-rata share of the total handle from inter-track

wagering and simulcast wagering for all inter-track

wagering location licensees during the calendar year in

which this provision is applicable; then (II) the amounts

redistributed to each inter-track wagering location

licensee as described in subpart (I) shall be further

redistributed as provided in subparagraph (B) of paragraph

(5) of subsection (g) of this Section 26 provided first,

that the shares of those amounts, which are to be

redistributed to the host track or to purses at the host

track under subparagraph (B) of paragraph (5) of subsection

(g) of this Section 26 shall be redistributed based on each

host track's pro rata share of the total inter-track

wagering and simulcast wagering handle at all host tracks

during the calendar year in question, and second, that any

amounts redistributed as described in part (I) to an

inter-track wagering location licensee that accepts wagers

on races conducted by an organization licensee that

conducts a race meet in a county with a population in

excess of 230,000 and that borders the Mississippi River

shall be further redistributed, effective January 1, 2017,

as provided in paragraph (7) of subsection (g) of this

Section 26, with the portion of that further redistribution

allocated to purses at that organization licensee to be

divided between standardbred purses and thoroughbred

purses based on the amounts otherwise allocated to purses

at that organization licensee during the calendar year in

question; and (iv) 8% of the pari-mutuel handle on

inter-track wagering wagered at such location to satisfy

all costs and expenses of conducting its wagering. The

remainder of the monies retained by the inter-track

wagering location licensee shall be allocated 40% to the

location licensee and 60% to the organization licensee

which provides the Illinois races to the location, except

that an inter-track wagering location licensee that

derives its license from a track located in a county with a

population in excess of 230,000 and that borders the

Mississippi River shall not divide any remaining retention

with the organization licensee that provides the race or

races and an inter-track wagering location licensee that

accepts wagers on races conducted by an organization

licensee that conducts a race meet in a county with a

population in excess of 230,000 and that borders the

Mississippi River shall not divide any remaining retention

with the organization licensee. Notwithstanding the

provisions of clauses (ii) and (iv) of this paragraph, in

the case of the additional inter-track wagering location

licenses authorized under paragraph (1) of this subsection

(h) by Public Act 87-110, those licensees shall pay the

following amounts as purses: during the first 12 months the

licensee is in operation, 5.25% of the pari-mutuel handle

wagered at the location on races; during the second 12

months, 5.25%; during the third 12 months, 5.75%; during

the fourth 12 months, 6.25%; and during the fifth 12 months

and thereafter, 6.75%. The following amounts shall be

retained by the licensee to satisfy all costs and expenses

of conducting its wagering: during the first 12 months the

licensee is in operation, 8.25% of the pari-mutuel handle

wagered at the location; during the second 12 months,

8.25%; during the third 12 months, 7.75%; during the fourth

12 months, 7.25%; and during the fifth 12 months and

thereafter, 6.75%. For additional inter-track wagering

location licensees authorized under Public Act 89-16,

purses for the first 12 months the licensee is in operation

shall be 5.75% of the pari-mutuel wagered at the location,

purses for the second 12 months the licensee is in

operation shall be 6.25%, and purses thereafter shall be

6.75%. For additional inter-track location licensees

authorized under Public Act 89-16, the licensee shall be

allowed to retain to satisfy all costs and expenses: 7.75%

of the pari-mutuel handle wagered at the location during

its first 12 months of operation, 7.25% during its second

12 months of operation, and 6.75% thereafter.

(C) There is hereby created the Horse Racing Tax

Allocation Fund which shall remain in existence until

December 31, 1999. Moneys remaining in the Fund after

December 31, 1999 shall be paid into the General Revenue

Fund. Until January 1, 2000, all monies paid into the Horse

Racing Tax Allocation Fund pursuant to this paragraph (11)

by inter-track wagering location licensees located in park

districts of 500,000 population or less, or in a

municipality that is not included within any park district

but is included within a conservation district and is the

county seat of a county that (i) is contiguous to the state

of Indiana and (ii) has a 1990 population of 88,257

according to the United States Bureau of the Census, and

operating on May 1, 1994 shall be allocated by

appropriation as follows:

Two-sevenths to the Department of Agriculture.

Fifty percent of this two-sevenths shall be used to

promote the Illinois horse racing and breeding

industry, and shall be distributed by the Department of

Agriculture upon the advice of a 9-member committee

appointed by the Governor consisting of the following

members: the Director of Agriculture, who shall serve

as chairman; 2 representatives of organization

licensees conducting thoroughbred race meetings in

this State, recommended by those licensees; 2

representatives of organization licensees conducting

standardbred race meetings in this State, recommended

by those licensees; a representative of the Illinois

Thoroughbred Breeders and Owners Foundation,

recommended by that Foundation; a representative of

the Illinois Standardbred Owners and Breeders

Association, recommended by that Association; a

representative of the Horsemen's Benevolent and

Protective Association or any successor organization

thereto established in Illinois comprised of the

largest number of owners and trainers, recommended by

that Association or that successor organization; and a

representative of the Illinois Harness Horsemen's

Association, recommended by that Association.

Committee members shall serve for terms of 2 years,

commencing January 1 of each even-numbered year. If a

representative of any of the above-named entities has

not been recommended by January 1 of any even-numbered

year, the Governor shall appoint a committee member to

fill that position. Committee members shall receive no

compensation for their services as members but shall be

reimbursed for all actual and necessary expenses and

disbursements incurred in the performance of their

official duties. The remaining 50% of this

two-sevenths shall be distributed to county fairs for

premiums and rehabilitation as set forth in the

Agricultural Fair Act;

Four-sevenths to park districts or municipalities

that do not have a park district of 500,000 population

or less for museum purposes (if an inter-track wagering

location licensee is located in such a park district)

or to conservation districts for museum purposes (if an

inter-track wagering location licensee is located in a

municipality that is not included within any park

district but is included within a conservation

district and is the county seat of a county that (i) is

contiguous to the state of Indiana and (ii) has a 1990

population of 88,257 according to the United States

Bureau of the Census, except that if the conservation

district does not maintain a museum, the monies shall

be allocated equally between the county and the

municipality in which the inter-track wagering

location licensee is located for general purposes) or

to a municipal recreation board for park purposes (if

an inter-track wagering location licensee is located

in a municipality that is not included within any park

district and park maintenance is the function of the

municipal recreation board and the municipality has a

1990 population of 9,302 according to the United States

Bureau of the Census); provided that the monies are

distributed to each park district or conservation

district or municipality that does not have a park

district in an amount equal to four-sevenths of the

amount collected by each inter-track wagering location

licensee within the park district or conservation

district or municipality for the Fund. Monies that were

paid into the Horse Racing Tax Allocation Fund before

August 9, 1991 (the effective date of Public Act

87-110) by an inter-track wagering location licensee

located in a municipality that is not included within

any park district but is included within a conservation

district as provided in this paragraph shall, as soon

as practicable after August 9, 1991 (the effective date

of Public Act 87-110), be allocated and paid to that

conservation district as provided in this paragraph.

Any park district or municipality not maintaining a

museum may deposit the monies in the corporate fund of

the park district or municipality where the

inter-track wagering location is located, to be used

for general purposes; and

One-seventh to the Agricultural Premium Fund to be

used for distribution to agricultural home economics

extension councils in accordance with "An Act in

relation to additional support and finances for the

Agricultural and Home Economic Extension Councils in

the several counties of this State and making an

appropriation therefor", approved July 24, 1967.

Until January 1, 2000, all other monies paid into the

Horse Racing Tax Allocation Fund pursuant to this paragraph

(11) shall be allocated by appropriation as follows:

Two-sevenths to the Department of Agriculture.

Fifty percent of this two-sevenths shall be used to

promote the Illinois horse racing and breeding

industry, and shall be distributed by the Department of

Agriculture upon the advice of a 9-member committee

appointed by the Governor consisting of the following

members: the Director of Agriculture, who shall serve

as chairman; 2 representatives of organization

licensees conducting thoroughbred race meetings in

this State, recommended by those licensees; 2

representatives of organization licensees conducting

standardbred race meetings in this State, recommended

by those licensees; a representative of the Illinois

Thoroughbred Breeders and Owners Foundation,

recommended by that Foundation; a representative of

the Illinois Standardbred Owners and Breeders

Association, recommended by that Association; a

representative of the Horsemen's Benevolent and

Protective Association or any successor organization

thereto established in Illinois comprised of the

largest number of owners and trainers, recommended by

that Association or that successor organization; and a

representative of the Illinois Harness Horsemen's

Association, recommended by that Association.

Committee members shall serve for terms of 2 years,

commencing January 1 of each even-numbered year. If a

representative of any of the above-named entities has

not been recommended by January 1 of any even-numbered

year, the Governor shall appoint a committee member to

fill that position. Committee members shall receive no

compensation for their services as members but shall be

reimbursed for all actual and necessary expenses and

disbursements incurred in the performance of their

official duties. The remaining 50% of this

two-sevenths shall be distributed to county fairs for

premiums and rehabilitation as set forth in the

Agricultural Fair Act;

Four-sevenths to museums and aquariums located in

park districts of over 500,000 population; provided

that the monies are distributed in accordance with the

previous year's distribution of the maintenance tax

for such museums and aquariums as provided in Section 2

of the Park District Aquarium and Museum Act; and

One-seventh to the Agricultural Premium Fund to be

used for distribution to agricultural home economics

extension councils in accordance with "An Act in

relation to additional support and finances for the

Agricultural and Home Economic Extension Councils in

the several counties of this State and making an

appropriation therefor", approved July 24, 1967. This

subparagraph (C) shall be inoperative and of no force

and effect on and after January 1, 2000.

(D) Except as provided in paragraph (11) of this

subsection (h), with respect to purse allocation from

inter-track wagering, the monies so retained shall be

divided as follows:

(i) If the inter-track wagering licensee,

except an inter-track wagering licensee that

derives its license from an organization licensee

located in a county with a population in excess of

230,000 and bounded by the Mississippi River, is

not conducting its own race meeting during the same

dates, then the entire purse allocation shall be to

purses at the track where the races wagered on are

being conducted.

(ii) If the inter-track wagering licensee,

except an inter-track wagering licensee that

derives its license from an organization licensee

located in a county with a population in excess of

230,000 and bounded by the Mississippi River, is

also conducting its own race meeting during the

same dates, then the purse allocation shall be as

follows: 50% to purses at the track where the races

wagered on are being conducted; 50% to purses at

the track where the inter-track wagering licensee

is accepting such wagers.

(iii) If the inter-track wagering is being

conducted by an inter-track wagering location

licensee, except an inter-track wagering location

licensee that derives its license from an

organization licensee located in a county with a

population in excess of 230,000 and bounded by the

Mississippi River, the entire purse allocation for

Illinois races shall be to purses at the track

where the race meeting being wagered on is being

held.

(12) The Board shall have all powers necessary and

proper to fully supervise and control the conduct of

inter-track wagering and simulcast wagering by inter-track

wagering licensees and inter-track wagering location

licensees, including, but not limited to the following:

(A) The Board is vested with power to promulgate

reasonable rules and regulations for the purpose of

administering the conduct of this wagering and to

prescribe reasonable rules, regulations and conditions

under which such wagering shall be held and conducted.

Such rules and regulations are to provide for the

prevention of practices detrimental to the public

interest and for the best interests of said wagering

and to impose penalties for violations thereof.

(B) The Board, and any person or persons to whom it

delegates this power, is vested with the power to enter

the facilities of any licensee to determine whether

there has been compliance with the provisions of this

Act and the rules and regulations relating to the

conduct of such wagering.

(C) The Board, and any person or persons to whom it

delegates this power, may eject or exclude from any

licensee's facilities, any person whose conduct or

reputation is such that his presence on such premises

may, in the opinion of the Board, call into the

question the honesty and integrity of, or interfere

with the orderly conduct of such wagering; provided,

however, that no person shall be excluded or ejected

from such premises solely on the grounds of race,

color, creed, national origin, ancestry, or sex.

(D) (Blank).

(E) The Board is vested with the power to appoint

delegates to execute any of the powers granted to it

under this Section for the purpose of administering

this wagering and any rules and regulations

promulgated in accordance with this Act.

(F) The Board shall name and appoint a State

director of this wagering who shall be a representative

of the Board and whose duty it shall be to supervise

the conduct of inter-track wagering as may be provided

for by the rules and regulations of the Board; such

rules and regulation shall specify the method of

appointment and the Director's powers, authority and

duties.

(G) The Board is vested with the power to impose

civil penalties of up to $5,000 against individuals and

up to $10,000 against licensees for each violation of

any provision of this Act relating to the conduct of

this wagering, any rules adopted by the Board, any

order of the Board or any other action which in the

Board's discretion, is a detriment or impediment to

such wagering.

(13) The Department of Agriculture may enter into

agreements with licensees authorizing such licensees to

conduct inter-track wagering on races to be held at the

licensed race meetings conducted by the Department of

Agriculture. Such agreement shall specify the races of the

Department of Agriculture's licensed race meeting upon

which the licensees will conduct wagering. In the event

that a licensee conducts inter-track pari-mutuel wagering

on races from the Illinois State Fair or DuQuoin State Fair

which are in addition to the licensee's previously approved

racing program, those races shall be considered a separate

racing day for the purpose of determining the daily handle

and computing the privilege or pari-mutuel tax on that

daily handle as provided in Sections 27 and 27.1. Such

agreements shall be approved by the Board before such

wagering may be conducted. In determining whether to grant

approval, the Board shall give due consideration to the

best interests of the public and of horse racing. The

provisions of paragraphs (1), (8), (8.1), and (8.2) of

subsection (h) of this Section which are not specified in

this paragraph (13) shall not apply to licensed race

meetings conducted by the Department of Agriculture at the

Illinois State Fair in Sangamon County or the DuQuoin State

Fair in Perry County, or to any wagering conducted on those

race meetings.

(14) An inter-track wagering location license

authorized by the Board in 2016 that is owned and operated

by a race track in Rock Island County shall be transferred

to a commonly owned race track in Cook County on August 12,

2016 (the effective date of Public Act 99-757). The

licensee shall retain its status in relation to purse

distribution under paragraph (11) of this subsection (h)

following the transfer to the new entity. The pari-mutuel

tax credit under Section 32.1 shall not be applied toward

any pari-mutuel tax obligation of the inter-track wagering

location licensee of the license that is transferred under

this paragraph (14).

(i) Notwithstanding the other provisions of this Act, the

conduct of wagering at wagering facilities is authorized on all

days, except as limited by subsection (b) of Section 19 of this

Act.

(Source: P.A. 99-756, eff. 8-12-16; 99-757, eff. 8-12-16;

100-201, eff. 8-18-17; 100-627, eff. 7-20-18; 100-1152, eff.

12-14-18; revised 1-13-19.)

(230 ILCS 5/26.7)

Sec. 26.7. Advance Advanced deposit wagering surcharge.

Beginning on August 26, 2012, each advance deposit wagering

licensee shall impose a surcharge of 0.18% on winning wagers

and winnings from wagers placed through advance deposit

wagering. The surcharge shall be deducted from winnings prior

to payout. Amounts derived from a surcharge imposed under this

Section shall be paid to the standardbred purse accounts of

organization licensees conducting standardbred racing.

(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13;

revised 10-22-18.)

Section 560. The Liquor Control Act of 1934 is amended by

changing Sections 3-12, 5-1, 6-4, and 6-11 as follows:

(235 ILCS 5/3-12)

Sec. 3-12. Powers and duties of State Commission.

(a) The State Commission shall have the following powers,

functions, and duties:

(1) To receive applications and to issue licenses to

manufacturers, foreign importers, importing distributors,

distributors, non-resident dealers, on premise consumption

retailers, off premise sale retailers, special event

retailer licensees, special use permit licenses, auction

liquor licenses, brew pubs, caterer retailers,

non-beverage users, railroads, including owners and

lessees of sleeping, dining and cafe cars, airplanes,

boats, brokers, and wine maker's premises licensees in

accordance with the provisions of this Act, and to suspend

or revoke such licenses upon the State Commission's

determination, upon notice after hearing, that a licensee

has violated any provision of this Act or any rule or

regulation issued pursuant thereto and in effect for 30

days prior to such violation. Except in the case of an

action taken pursuant to a violation of Section 6-3, 6-5,

or 6-9, any action by the State Commission to suspend or

revoke a licensee's license may be limited to the license

for the specific premises where the violation occurred. An

action for a violation of this Act shall be commenced by

the State Commission within 2 years after the date the

State Commission becomes aware of the violation.

In lieu of suspending or revoking a license, the

commission may impose a fine, upon the State Commission's

determination and notice after hearing, that a licensee has

violated any provision of this Act or any rule or

regulation issued pursuant thereto and in effect for 30

days prior to such violation.

For the purpose of this paragraph (1), when determining

multiple violations for the sale of alcohol to a person

under the age of 21, a second or subsequent violation for

the sale of alcohol to a person under the age of 21 shall

only be considered if it was committed within 5 years after

the date when a prior violation for the sale of alcohol to

a person under the age of 21 was committed.

The fine imposed under this paragraph may not exceed

$500 for each violation. Each day that the activity, which

gave rise to the original fine, continues is a separate

violation. The maximum fine that may be levied against any

licensee, for the period of the license, shall not exceed

$20,000. The maximum penalty that may be imposed on a

licensee for selling a bottle of alcoholic liquor with a

foreign object in it or serving from a bottle of alcoholic

liquor with a foreign object in it shall be the destruction

of that bottle of alcoholic liquor for the first 10 bottles

so sold or served from by the licensee. For the eleventh

bottle of alcoholic liquor and for each third bottle

thereafter sold or served from by the licensee with a

foreign object in it, the maximum penalty that may be

imposed on the licensee is the destruction of the bottle of

alcoholic liquor and a fine of up to $50.

Any notice issued by the State Commission to a licensee

for a violation of this Act or any notice with respect to

settlement or offer in compromise shall include the field

report, photographs, and any other supporting

documentation necessary to reasonably inform the licensee

of the nature and extent of the violation or the conduct

alleged to have occurred. The failure to include such

required documentation shall result in the dismissal of the

action.

(2) To adopt such rules and regulations consistent with

the provisions of this Act which shall be necessary to

carry on its functions and duties to the end that the

health, safety and welfare of the People of the State of

Illinois shall be protected and temperance in the

consumption of alcoholic liquors shall be fostered and

promoted and to distribute copies of such rules and

regulations to all licensees affected thereby.

(3) To call upon other administrative departments of

the State, county and municipal governments, county and

city police departments and upon prosecuting officers for

such information and assistance as it deems necessary in

the performance of its duties.

(4) To recommend to local commissioners rules and

regulations, not inconsistent with the law, for the

distribution and sale of alcoholic liquors throughout the

State.

(5) To inspect, or cause to be inspected, any premises

in this State where alcoholic liquors are manufactured,

distributed, warehoused, or sold. Nothing in this Act

authorizes an agent of the Commission to inspect private

areas within the premises without reasonable suspicion or a

warrant during an inspection. "Private areas" include, but

are not limited to, safes, personal property, and closed

desks.

(5.1) Upon receipt of a complaint or upon having

knowledge that any person is engaged in business as a

manufacturer, importing distributor, distributor, or

retailer without a license or valid license, to notify the

local liquor authority, file a complaint with the State's

Attorney's Office of the county where the incident

occurred, or initiate an investigation with the

appropriate law enforcement officials.

(5.2) To issue a cease and desist notice to persons

shipping alcoholic liquor into this State from a point

outside of this State if the shipment is in violation of

this Act.

(5.3) To receive complaints from licensees, local

officials, law enforcement agencies, organizations, and

persons stating that any licensee has been or is violating

any provision of this Act or the rules and regulations

issued pursuant to this Act. Such complaints shall be in

writing, signed and sworn to by the person making the

complaint, and shall state with specificity the facts in

relation to the alleged violation. If the Commission has

reasonable grounds to believe that the complaint

substantially alleges a violation of this Act or rules and

regulations adopted pursuant to this Act, it shall conduct

an investigation. If, after conducting an investigation,

the Commission is satisfied that the alleged violation did

occur, it shall proceed with disciplinary action against

the licensee as provided in this Act.

(6) To hear and determine appeals from orders of a

local commission in accordance with the provisions of this

Act, as hereinafter set forth. Hearings under this

subsection shall be held in Springfield or Chicago, at

whichever location is the more convenient for the majority

of persons who are parties to the hearing.

(7) The commission shall establish uniform systems of

accounts to be kept by all retail licensees having more

than 4 employees, and for this purpose the commission may

classify all retail licensees having more than 4 employees

and establish a uniform system of accounts for each class

and prescribe the manner in which such accounts shall be

kept. The commission may also prescribe the forms of

accounts to be kept by all retail licensees having more

than 4 employees, including but not limited to accounts of

earnings and expenses and any distribution, payment, or

other distribution of earnings or assets, and any other

forms, records and memoranda which in the judgment of the

commission may be necessary or appropriate to carry out any

of the provisions of this Act, including but not limited to

such forms, records and memoranda as will readily and

accurately disclose at all times the beneficial ownership

of such retail licensed business. The accounts, forms,

records and memoranda shall be available at all reasonable

times for inspection by authorized representatives of the

State Commission or by any local liquor control

commissioner or his or her authorized representative. The

commission, may, from time to time, alter, amend or repeal,

in whole or in part, any uniform system of accounts, or the

form and manner of keeping accounts.

(8) In the conduct of any hearing authorized to be held

by the commission, to appoint, at the commission's

discretion, hearing officers to conduct hearings involving

complex issues or issues that will require a protracted

period of time to resolve, to examine, or cause to be

examined, under oath, any licensee, and to examine or cause

to be examined the books and records of such licensee; to

hear testimony and take proof material for its information

in the discharge of its duties hereunder; to administer or

cause to be administered oaths; for any such purpose to

issue subpoena or subpoenas to require the attendance of

witnesses and the production of books, which shall be

effective in any part of this State, and to adopt rules to

implement its powers under this paragraph (8).

Any circuit court may by order duly entered, require

the attendance of witnesses and the production of relevant

books subpoenaed by the State Commission and the court may

compel obedience to its order by proceedings for contempt.

(9) To investigate the administration of laws in

relation to alcoholic liquors in this and other states and

any foreign countries, and to recommend from time to time

to the Governor and through him or her to the legislature

of this State, such amendments to this Act, if any, as it

may think desirable and as will serve to further the

general broad purposes contained in Section 1-2 hereof.

(10) To adopt such rules and regulations consistent

with the provisions of this Act which shall be necessary

for the control, sale or disposition of alcoholic liquor

damaged as a result of an accident, wreck, flood, fire or

other similar occurrence.

(11) To develop industry educational programs related

to responsible serving and selling, particularly in the

areas of overserving consumers and illegal underage

purchasing and consumption of alcoholic beverages.

(11.1) To license persons providing education and

training to alcohol beverage sellers and servers for

mandatory and non-mandatory training under the Beverage

Alcohol Sellers and Servers Education and Training

(BASSET) programs and to develop and administer a public

awareness program in Illinois to reduce or eliminate the

illegal purchase and consumption of alcoholic beverage

products by persons under the age of 21. Application for a

license shall be made on forms provided by the State

Commission.

(12) To develop and maintain a repository of license

and regulatory information.

(13) (Blank).

(14) On or before April 30, 2008 and every 2 years

thereafter, the Commission shall present a written report

to the Governor and the General Assembly that shall be

based on a study of the impact of Public Act 95-634 on the

business of soliciting, selling, and shipping wine from

inside and outside of this State directly to residents of

this State. As part of its report, the Commission shall

provide all of the following information:

(A) The amount of State excise and sales tax

revenues generated.

(B) The amount of licensing fees received.

(C) The number of cases of wine shipped from inside

and outside of this State directly to residents of this

State.

(D) The number of alcohol compliance operations

conducted.

(E) The number of winery shipper's licenses

issued.

(F) The number of each of the following: reported

violations; cease and desist notices issued by the

Commission; notices of violations issued by the

Commission and to the Department of Revenue; and

notices and complaints of violations to law

enforcement officials, including, without limitation,

the Illinois Attorney General and the U.S. Department

of Treasury's Alcohol and Tobacco Tax and Trade Bureau.

(15) As a means to reduce the underage consumption of

alcoholic liquors, the Commission shall conduct alcohol

compliance operations to investigate whether businesses

that are soliciting, selling, and shipping wine from inside

or outside of this State directly to residents of this

State are licensed by this State or are selling or

attempting to sell wine to persons under 21 years of age in

violation of this Act.

(16) The Commission shall, in addition to notifying any

appropriate law enforcement agency, submit notices of

complaints or violations of Sections 6-29 and 6-29.1 by

persons who do not hold a winery shipper's license under

this Act to the Illinois Attorney General and to the U.S.

Department of Treasury's Alcohol and Tobacco Tax and Trade

Bureau.

(17)(A) A person licensed to make wine under the laws

of another state who has a winery shipper's license under

this Act and annually produces less than 25,000 gallons of

wine or a person who has a first-class or second-class wine

manufacturer's license, a first-class or second-class

wine-maker's license, or a limited wine manufacturer's

license under this Act and annually produces less than

25,000 gallons of wine may make application to the

Commission for a self-distribution exemption to allow the

sale of not more than 5,000 gallons of the exemption

holder's wine to retail licensees per year.

(B) In the application, which shall be sworn under

penalty of perjury, such person shall state (1) the date it

was established; (2) its volume of production and sales for

each year since its establishment; (3) its efforts to

establish distributor relationships; (4) that a

self-distribution exemption is necessary to facilitate the

marketing of its wine; and (5) that it will comply with the

liquor and revenue laws of the United States, this State,

and any other state where it is licensed.

(C) The Commission shall approve the application for a

self-distribution exemption if such person: (1) is in

compliance with State revenue and liquor laws; (2) is not a

member of any affiliated group that produces more than

25,000 gallons of wine per annum or produces any other

alcoholic liquor; (3) will not annually produce for sale

more than 25,000 gallons of wine; and (4) will not annually

sell more than 5,000 gallons of its wine to retail

licensees.

(D) A self-distribution exemption holder shall

annually certify to the Commission its production of wine

in the previous 12 months and its anticipated production

and sales for the next 12 months. The Commission may fine,

suspend, or revoke a self-distribution exemption after a

hearing if it finds that the exemption holder has made a

material misrepresentation in its application, violated a

revenue or liquor law of Illinois, exceeded production of

25,000 gallons of wine in any calendar year, or become part

of an affiliated group producing more than 25,000 gallons

of wine or any other alcoholic liquor.

(E) Except in hearings for violations of this Act or

Public Act 95-634 or a bona fide investigation by duly

sworn law enforcement officials, the Commission, or its

agents, the Commission shall maintain the production and

sales information of a self-distribution exemption holder

as confidential and shall not release such information to

any person.

(F) The Commission shall issue regulations governing

self-distribution exemptions consistent with this Section

and this Act.

(G) Nothing in this paragraph subsection (17) shall

prohibit a self-distribution exemption holder from

entering into or simultaneously having a distribution

agreement with a licensed Illinois distributor.

(H) It is the intent of this paragraph subsection (17)

to promote and continue orderly markets. The General

Assembly finds that in order to preserve Illinois'

regulatory distribution system it is necessary to create an

exception for smaller makers of wine as their wines are

frequently adjusted in varietals, mixes, vintages, and

taste to find and create market niches sometimes too small

for distributor or importing distributor business

strategies. Limited self-distribution rights will afford

and allow smaller makers of wine access to the marketplace

in order to develop a customer base without impairing the

integrity of the 3-tier system.

(18)(A) A class 1 brewer licensee, who must also be

either a licensed brewer or licensed non-resident dealer

and annually manufacture less than 930,000 gallons of beer,

may make application to the State Commission for a

self-distribution exemption to allow the sale of not more

than 232,500 gallons of the exemption holder's beer per

year to retail licensees and to brewers, class 1 brewers,

and class 2 brewers that, pursuant to subsection (e) of

Section 6-4 of this Act, sell beer, cider, or both beer and

cider to non-licensees at their breweries.

(B) In the application, which shall be sworn under

penalty of perjury, the class 1 brewer licensee shall state

(1) the date it was established; (2) its volume of beer

manufactured and sold for each year since its

establishment; (3) its efforts to establish distributor

relationships; (4) that a self-distribution exemption is

necessary to facilitate the marketing of its beer; and (5)

that it will comply with the alcoholic beverage and revenue

laws of the United States, this State, and any other state

where it is licensed.

(C) Any application submitted shall be posted on the

State Commission's website at least 45 days prior to action

by the State Commission. The State Commission shall approve

the application for a self-distribution exemption if the

class 1 brewer licensee: (1) is in compliance with the

State, revenue, and alcoholic beverage laws; (2) is not a

member of any affiliated group that manufactures more than

930,000 gallons of beer per annum or produces any other

alcoholic beverages; (3) shall not annually manufacture

for sale more than 930,000 gallons of beer; (4) shall not

annually sell more than 232,500 gallons of its beer to

retail licensees or to brewers, class 1 brewers, and class

2 brewers that, pursuant to subsection (e) of Section 6-4

of this Act, sell beer, cider, or both beer and cider to

non-licensees at their breweries; and (5) has relinquished

any brew pub license held by the licensee, including any

ownership interest it held in the licensed brew pub.

(D) A self-distribution exemption holder shall

annually certify to the State Commission its manufacture of

beer during the previous 12 months and its anticipated

manufacture and sales of beer for the next 12 months. The

State Commission may fine, suspend, or revoke a

self-distribution exemption after a hearing if it finds

that the exemption holder has made a material

misrepresentation in its application, violated a revenue

or alcoholic beverage law of Illinois, exceeded the

manufacture of 930,000 gallons of beer in any calendar year

or became part of an affiliated group manufacturing more

than 930,000 gallons of beer or any other alcoholic

beverage.

(E) The State Commission shall issue rules and

regulations governing self-distribution exemptions

consistent with this Act.

(F) Nothing in this paragraph (18) shall prohibit a

self-distribution exemption holder from entering into or

simultaneously having a distribution agreement with a

licensed Illinois importing distributor or a distributor.

If a self-distribution exemption holder enters into a

distribution agreement and has assigned distribution

rights to an importing distributor or distributor, then the

self-distribution exemption holder's distribution rights

in the assigned territories shall cease in a reasonable

time not to exceed 60 days.

(G) It is the intent of this paragraph (18) to promote

and continue orderly markets. The General Assembly finds

that in order to preserve Illinois' regulatory

distribution system, it is necessary to create an exception

for smaller manufacturers in order to afford and allow such

smaller manufacturers of beer access to the marketplace in

order to develop a customer base without impairing the

integrity of the 3-tier system.

(b) On or before April 30, 1999, the Commission shall

present a written report to the Governor and the General

Assembly that shall be based on a study of the impact of Public

Act 90-739 on the business of soliciting, selling, and shipping

alcoholic liquor from outside of this State directly to

residents of this State.

As part of its report, the Commission shall provide the

following information:

(i) the amount of State excise and sales tax revenues

generated as a result of Public Act 90-739;

(ii) the amount of licensing fees received as a result

of Public Act 90-739;

(iii) the number of reported violations, the number of

cease and desist notices issued by the Commission, the

number of notices of violations issued to the Department of

Revenue, and the number of notices and complaints of

violations to law enforcement officials.

(Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;

100-134, eff. 8-18-17; 100-201, eff. 8-18-17; 100-816, eff.

8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. 8-23-18;

revised 10-24-18.)

(235 ILCS 5/5-1) (from Ch. 43, par. 115)

Sec. 5-1. Licenses issued by the Illinois Liquor Control

Commission shall be of the following classes:

(a) Manufacturer's license - Class 1. Distiller, Class 2.

Rectifier, Class 3. Brewer, Class 4. First Class Wine

Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.

First Class Winemaker, Class 7. Second Class Winemaker, Class

8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class

10. Class 1 Brewer, Class 11. Class 2 Brewer,

(b) Distributor's license,

(c) Importing Distributor's license,

(d) Retailer's license,

(e) Special Event Retailer's license (not-for-profit),

(f) Railroad license,

(g) Boat license,

(h) Non-Beverage User's license,

(i) Wine-maker's premises license,

(j) Airplane license,

(k) Foreign importer's license,

(l) Broker's license,

(m) Non-resident dealer's license,

(n) Brew Pub license,

(o) Auction liquor license,

(p) Caterer retailer license,

(q) Special use permit license,

(r) Winery shipper's license,

(s) Craft distiller tasting permit,

(t) Brewer warehouse permit.

No person, firm, partnership, corporation, or other legal

business entity that is engaged in the manufacturing of wine

may concurrently obtain and hold a wine-maker's license and a

wine manufacturer's license.

(a) A manufacturer's license shall allow the manufacture,

importation in bulk, storage, distribution and sale of

alcoholic liquor to persons without the State, as may be

permitted by law and to licensees in this State as follows:

Class 1. A Distiller may make sales and deliveries of

alcoholic liquor to distillers, rectifiers, importing

distributors, distributors and non-beverage users and to no

other licensees.

Class 2. A Rectifier, who is not a distiller, as defined

herein, may make sales and deliveries of alcoholic liquor to

rectifiers, importing distributors, distributors, retailers

and non-beverage users and to no other licensees.

Class 3. A Brewer may make sales and deliveries of beer to

importing distributors and distributors and may make sales as

authorized under subsection (e) of Section 6-4 of this Act.

Class 4. A first class wine-manufacturer may make sales and

deliveries of up to 50,000 gallons of wine to manufacturers,

importing distributors and distributors, and to no other

licensees.

Class 5. A second class Wine manufacturer may make sales

and deliveries of more than 50,000 gallons of wine to

manufacturers, importing distributors and distributors and to

no other licensees.

Class 6. A first-class wine-maker's license shall allow the

manufacture of up to 50,000 gallons of wine per year, and the

storage and sale of such wine to distributors in the State and

to persons without the State, as may be permitted by law. A

person who, prior to June 1, 2008 (the effective date of Public

Act 95-634), is a holder of a first-class wine-maker's license

and annually produces more than 25,000 gallons of its own wine

and who distributes its wine to licensed retailers shall cease

this practice on or before July 1, 2008 in compliance with

Public Act 95-634.

Class 7. A second-class wine-maker's license shall allow

the manufacture of between 50,000 and 150,000 gallons of wine

per year, and the storage and sale of such wine to distributors

in this State and to persons without the State, as may be

permitted by law. A person who, prior to June 1, 2008 (the

effective date of Public Act 95-634), is a holder of a

second-class wine-maker's license and annually produces more

than 25,000 gallons of its own wine and who distributes its

wine to licensed retailers shall cease this practice on or

before July 1, 2008 in compliance with Public Act 95-634.

Class 8. A limited wine-manufacturer may make sales and

deliveries not to exceed 40,000 gallons of wine per year to

distributors, and to non-licensees in accordance with the

provisions of this Act.

Class 9. A craft distiller license shall allow the

manufacture of up to 100,000 gallons of spirits by distillation

per year and the storage of such spirits. If a craft distiller

licensee, including a craft distiller licensee who holds more

than one craft distiller license, is not affiliated with any

other manufacturer of spirits, then the craft distiller

licensee may sell such spirits to distributors in this State

and up to 2,500 gallons of such spirits to non-licensees to the

extent permitted by any exemption approved by the Commission

pursuant to Section 6-4 of this Act. A craft distiller license

holder may store such spirits at a non-contiguous licensed

location, but at no time shall a craft distiller license holder

directly or indirectly produce in the aggregate more than

100,000 gallons of spirits per year.

A craft distiller licensee may hold more than one craft

distiller's license. However, a craft distiller that holds more

than one craft distiller license shall not manufacture, in the

aggregate, more than 100,000 gallons of spirits by distillation

per year and shall not sell, in the aggregate, more than 2,500

gallons of such spirits to non-licensees in accordance with an

exemption approved by the State Commission pursuant to Section

6-4 of this Act.

Any craft distiller licensed under this Act who on July 28,

2010 (the effective date of Public Act 96-1367) was licensed as

a distiller and manufactured no more spirits than permitted by

this Section shall not be required to pay the initial licensing

fee.

Class 10. A class 1 brewer license, which may only be

issued to a licensed brewer or licensed non-resident dealer,

shall allow the manufacture of up to 930,000 gallons of beer

per year provided that the class 1 brewer licensee does not

manufacture more than a combined 930,000 gallons of beer per

year and is not a member of or affiliated with, directly or

indirectly, a manufacturer that produces more than 930,000

gallons of beer per year or any other alcoholic liquor. A class

1 brewer licensee may make sales and deliveries to importing

distributors and distributors and to retail licensees in

accordance with the conditions set forth in paragraph (18) of

subsection (a) of Section 3-12 of this Act. If the State

Commission provides prior approval, a class 1 brewer may

annually transfer up to 930,000 gallons of beer manufactured by

that class 1 brewer to the premises of a licensed class 1

brewer wholly owned and operated by the same licensee.

Class 11. A class 2 brewer license, which may only be

issued to a licensed brewer or licensed non-resident dealer,

shall allow the manufacture of up to 3,720,000 gallons of beer

per year provided that the class 2 brewer licensee does not

manufacture more than a combined 3,720,000 gallons of beer per

year and is not a member of or affiliated with, directly or

indirectly, a manufacturer that produces more than 3,720,000

gallons of beer per year or any other alcoholic liquor. A class

2 brewer licensee may make sales and deliveries to importing

distributors and distributors, but shall not make sales or

deliveries to any other licensee. If the State Commission

provides prior approval, a class 2 brewer licensee may annually

transfer up to 3,720,000 gallons of beer manufactured by that

class 2 brewer licensee to the premises of a licensed class 2

brewer wholly owned and operated by the same licensee.

A class 2 brewer may transfer beer to a brew pub wholly

owned and operated by the class 2 brewer subject to the

following limitations and restrictions: (i) the transfer shall

not annually exceed more than 31,000 gallons; (ii) the annual

amount transferred shall reduce the brew pub's annual permitted

production limit; (iii) all beer transferred shall be subject

to Article VIII of this Act; (iv) a written record shall be

maintained by the brewer and brew pub specifying the amount,

date of delivery, and receipt of the product by the brew pub;

and (v) the brew pub shall be located no farther than 80 miles

from the class 2 brewer's licensed location.

A class 2 brewer shall, prior to transferring beer to a

brew pub wholly owned by the class 2 brewer, furnish a written

notice to the State Commission of intent to transfer beer

setting forth the name and address of the brew pub and shall

annually submit to the State Commission a verified report

identifying the total gallons of beer transferred to the brew

pub wholly owned by the class 2 brewer.

(a-1) A manufacturer which is licensed in this State to

make sales or deliveries of alcoholic liquor to licensed

distributors or importing distributors and which enlists

agents, representatives, or individuals acting on its behalf

who contact licensed retailers on a regular and continual basis

in this State must register those agents, representatives, or

persons acting on its behalf with the State Commission.

Registration of agents, representatives, or persons acting

on behalf of a manufacturer is fulfilled by submitting a form

to the Commission. The form shall be developed by the

Commission and shall include the name and address of the

applicant, the name and address of the manufacturer he or she

represents, the territory or areas assigned to sell to or

discuss pricing terms of alcoholic liquor, and any other

questions deemed appropriate and necessary. All statements in

the forms required to be made by law or by rule shall be deemed

material, and any person who knowingly misstates any material

fact under oath in an application is guilty of a Class B

misdemeanor. Fraud, misrepresentation, false statements,

misleading statements, evasions, or suppression of material

facts in the securing of a registration are grounds for

suspension or revocation of the registration. The State

Commission shall post a list of registered agents on the

Commission's website.

(b) A distributor's license shall allow the wholesale

purchase and storage of alcoholic liquors and sale of alcoholic

liquors to licensees in this State and to persons without the

State, as may be permitted by law, and the sale of beer, cider,

or both beer and cider to brewers, class 1 brewers, and class 2

brewers that, pursuant to subsection (e) of Section 6-4 of this

Act, sell beer, cider, or both beer and cider to non-licensees

at their breweries. No person licensed as a distributor shall

be granted a non-resident dealer's license.

(c) An importing distributor's license may be issued to and

held by those only who are duly licensed distributors, upon the

filing of an application by a duly licensed distributor, with

the Commission and the Commission shall, without the payment of

any fee, immediately issue such importing distributor's

license to the applicant, which shall allow the importation of

alcoholic liquor by the licensee into this State from any point

in the United States outside this State, and the purchase of

alcoholic liquor in barrels, casks or other bulk containers and

the bottling of such alcoholic liquors before resale thereof,

but all bottles or containers so filled shall be sealed,

labeled, stamped and otherwise made to comply with all

provisions, rules and regulations governing manufacturers in

the preparation and bottling of alcoholic liquors. The

importing distributor's license shall permit such licensee to

purchase alcoholic liquor from Illinois licensed non-resident

dealers and foreign importers only. No person licensed as an

importing distributor shall be granted a non-resident dealer's

license.

(d) A retailer's license shall allow the licensee to sell

and offer for sale at retail, only in the premises specified in

the license, alcoholic liquor for use or consumption, but not

for resale in any form. Nothing in Public Act 95-634 shall

deny, limit, remove, or restrict the ability of a holder of a

retailer's license to transfer, deliver, or ship alcoholic

liquor to the purchaser for use or consumption subject to any

applicable local law or ordinance. Any retail license issued to

a manufacturer shall only permit the manufacturer to sell beer

at retail on the premises actually occupied by the

manufacturer. For the purpose of further describing the type of

business conducted at a retail licensed premises, a retailer's

licensee may be designated by the State Commission as (i) an on

premise consumption retailer, (ii) an off premise sale

retailer, or (iii) a combined on premise consumption and off

premise sale retailer.

Notwithstanding any other provision of this subsection

(d), a retail licensee may sell alcoholic liquors to a special

event retailer licensee for resale to the extent permitted

under subsection (e).

(e) A special event retailer's license (not-for-profit)

shall permit the licensee to purchase alcoholic liquors from an

Illinois licensed distributor (unless the licensee purchases

less than $500 of alcoholic liquors for the special event, in

which case the licensee may purchase the alcoholic liquors from

a licensed retailer) and shall allow the licensee to sell and

offer for sale, at retail, alcoholic liquors for use or

consumption, but not for resale in any form and only at the

location and on the specific dates designated for the special

event in the license. An applicant for a special event retailer

license must (i) furnish with the application: (A) a resale

number issued under Section 2c of the Retailers' Occupation Tax

Act or evidence that the applicant is registered under Section

2a of the Retailers' Occupation Tax Act, (B) a current, valid

exemption identification number issued under Section 1g of the

Retailers' Occupation Tax Act, and a certification to the

Commission that the purchase of alcoholic liquors will be a

tax-exempt purchase, or (C) a statement that the applicant is

not registered under Section 2a of the Retailers' Occupation

Tax Act, does not hold a resale number under Section 2c of the

Retailers' Occupation Tax Act, and does not hold an exemption

number under Section 1g of the Retailers' Occupation Tax Act,

in which event the Commission shall set forth on the special

event retailer's license a statement to that effect; (ii)

submit with the application proof satisfactory to the State

Commission that the applicant will provide dram shop liability

insurance in the maximum limits; and (iii) show proof

satisfactory to the State Commission that the applicant has

obtained local authority approval.

Nothing in this Act prohibits an Illinois licensed

distributor from offering credit or a refund for unused,

salable alcoholic liquors to a holder of a special event

retailer's license or from the special event retailer's

licensee from accepting the credit or refund of alcoholic

liquors at the conclusion of the event specified in the

license.

(f) A railroad license shall permit the licensee to import

alcoholic liquors into this State from any point in the United

States outside this State and to store such alcoholic liquors

in this State; to make wholesale purchases of alcoholic liquors

directly from manufacturers, foreign importers, distributors

and importing distributors from within or outside this State;

and to store such alcoholic liquors in this State; provided

that the above powers may be exercised only in connection with

the importation, purchase or storage of alcoholic liquors to be

sold or dispensed on a club, buffet, lounge or dining car

operated on an electric, gas or steam railway in this State;

and provided further, that railroad licensees exercising the

above powers shall be subject to all provisions of Article VIII

of this Act as applied to importing distributors. A railroad

license shall also permit the licensee to sell or dispense

alcoholic liquors on any club, buffet, lounge or dining car

operated on an electric, gas or steam railway regularly

operated by a common carrier in this State, but shall not

permit the sale for resale of any alcoholic liquors to any

licensee within this State. A license shall be obtained for

each car in which such sales are made.

(g) A boat license shall allow the sale of alcoholic liquor

in individual drinks, on any passenger boat regularly operated

as a common carrier on navigable waters in this State or on any

riverboat operated under the Riverboat Gambling Act, which boat

or riverboat maintains a public dining room or restaurant

thereon.

(h) A non-beverage user's license shall allow the licensee

to purchase alcoholic liquor from a licensed manufacturer or

importing distributor, without the imposition of any tax upon

the business of such licensed manufacturer or importing

distributor as to such alcoholic liquor to be used by such

licensee solely for the non-beverage purposes set forth in

subsection (a) of Section 8-1 of this Act, and such licenses

shall be divided and classified and shall permit the purchase,

possession and use of limited and stated quantities of

alcoholic liquor as follows:

Class 1, not to exceed ......................... 500 gallons

Class 2, not to exceed ....................... 1,000 gallons

Class 3, not to exceed ....................... 5,000 gallons

Class 4, not to exceed ...................... 10,000 gallons

Class 5, not to exceed ....................... 50,000 gallons

(i) A wine-maker's premises license shall allow a licensee

that concurrently holds a first-class wine-maker's license to

sell and offer for sale at retail in the premises specified in

such license not more than 50,000 gallons of the first-class

wine-maker's wine that is made at the first-class wine-maker's

licensed premises per year for use or consumption, but not for

resale in any form. A wine-maker's premises license shall allow

a licensee who concurrently holds a second-class wine-maker's

license to sell and offer for sale at retail in the premises

specified in such license up to 100,000 gallons of the

second-class wine-maker's wine that is made at the second-class

wine-maker's licensed premises per year for use or consumption

but not for resale in any form. A wine-maker's premises license

shall allow a licensee that concurrently holds a first-class

wine-maker's license or a second-class wine-maker's license to

sell and offer for sale at retail at the premises specified in

the wine-maker's premises license, for use or consumption but

not for resale in any form, any beer, wine, and spirits

purchased from a licensed distributor. Upon approval from the

State Commission, a wine-maker's premises license shall allow

the licensee to sell and offer for sale at (i) the wine-maker's

licensed premises and (ii) at up to 2 additional locations for

use and consumption and not for resale. Each location shall

require additional licensing per location as specified in

Section 5-3 of this Act. A wine-maker's premises licensee shall

secure liquor liability insurance coverage in an amount at

least equal to the maximum liability amounts set forth in

subsection (a) of Section 6-21 of this Act.

(j) An airplane license shall permit the licensee to import

alcoholic liquors into this State from any point in the United

States outside this State and to store such alcoholic liquors

in this State; to make wholesale purchases of alcoholic liquors

directly from manufacturers, foreign importers, distributors

and importing distributors from within or outside this State;

and to store such alcoholic liquors in this State; provided

that the above powers may be exercised only in connection with

the importation, purchase or storage of alcoholic liquors to be

sold or dispensed on an airplane; and provided further, that

airplane licensees exercising the above powers shall be subject

to all provisions of Article VIII of this Act as applied to

importing distributors. An airplane licensee shall also permit

the sale or dispensing of alcoholic liquors on any passenger

airplane regularly operated by a common carrier in this State,

but shall not permit the sale for resale of any alcoholic

liquors to any licensee within this State. A single airplane

license shall be required of an airline company if liquor

service is provided on board aircraft in this State. The annual

fee for such license shall be as determined in Section 5-3.

(k) A foreign importer's license shall permit such licensee

to purchase alcoholic liquor from Illinois licensed

non-resident dealers only, and to import alcoholic liquor other

than in bulk from any point outside the United States and to

sell such alcoholic liquor to Illinois licensed importing

distributors and to no one else in Illinois; provided that (i)

the foreign importer registers with the State Commission every

brand of alcoholic liquor that it proposes to sell to Illinois

licensees during the license period, (ii) the foreign importer

complies with all of the provisions of Section 6-9 of this Act

with respect to registration of such Illinois licensees as may

be granted the right to sell such brands at wholesale, and

(iii) the foreign importer complies with the provisions of

Sections 6-5 and 6-6 of this Act to the same extent that these

provisions apply to manufacturers.

(l) (i) A broker's license shall be required of all persons

who solicit orders for, offer to sell or offer to supply

alcoholic liquor to retailers in the State of Illinois, or who

offer to retailers to ship or cause to be shipped or to make

contact with distillers, rectifiers, brewers or manufacturers

or any other party within or without the State of Illinois in

order that alcoholic liquors be shipped to a distributor,

importing distributor or foreign importer, whether such

solicitation or offer is consummated within or without the

State of Illinois.

No holder of a retailer's license issued by the Illinois

Liquor Control Commission shall purchase or receive any

alcoholic liquor, the order for which was solicited or offered

for sale to such retailer by a broker unless the broker is the

holder of a valid broker's license.

The broker shall, upon the acceptance by a retailer of the

broker's solicitation of an order or offer to sell or supply or

deliver or have delivered alcoholic liquors, promptly forward

to the Illinois Liquor Control Commission a notification of

said transaction in such form as the Commission may by

regulations prescribe.

(ii) A broker's license shall be required of a person

within this State, other than a retail licensee, who, for a fee

or commission, promotes, solicits, or accepts orders for

alcoholic liquor, for use or consumption and not for resale, to

be shipped from this State and delivered to residents outside

of this State by an express company, common carrier, or

contract carrier. This Section does not apply to any person who

promotes, solicits, or accepts orders for wine as specifically

authorized in Section 6-29 of this Act.

A broker's license under this subsection (l) shall not

entitle the holder to buy or sell any alcoholic liquors for his

own account or to take or deliver title to such alcoholic

liquors.

This subsection (l) shall not apply to distributors,

employees of distributors, or employees of a manufacturer who

has registered the trademark, brand or name of the alcoholic

liquor pursuant to Section 6-9 of this Act, and who regularly

sells such alcoholic liquor in the State of Illinois only to

its registrants thereunder.

Any agent, representative, or person subject to

registration pursuant to subsection (a-1) of this Section shall

not be eligible to receive a broker's license.

(m) A non-resident dealer's license shall permit such

licensee to ship into and warehouse alcoholic liquor into this

State from any point outside of this State, and to sell such

alcoholic liquor to Illinois licensed foreign importers and

importing distributors and to no one else in this State;

provided that (i) said non-resident dealer shall register with

the Illinois Liquor Control Commission each and every brand of

alcoholic liquor which it proposes to sell to Illinois

licensees during the license period, (ii) it shall comply with

all of the provisions of Section 6-9 hereof with respect to

registration of such Illinois licensees as may be granted the

right to sell such brands at wholesale by duly filing such

registration statement, thereby authorizing the non-resident

dealer to proceed to sell such brands at wholesale, and (iii)

the non-resident dealer shall comply with the provisions of

Sections 6-5 and 6-6 of this Act to the same extent that these

provisions apply to manufacturers. No person licensed as a

non-resident dealer shall be granted a distributor's or

importing distributor's license.

(n) A brew pub license shall allow the licensee to only (i)

manufacture up to 155,000 gallons of beer per year only on the

premises specified in the license, (ii) make sales of the beer

manufactured on the premises or, with the approval of the

Commission, beer manufactured on another brew pub licensed

premises that is wholly owned and operated by the same licensee

to importing distributors, distributors, and to non-licensees

for use and consumption, (iii) store the beer upon the

premises, (iv) sell and offer for sale at retail from the

licensed premises for off-premises consumption no more than

155,000 gallons per year so long as such sales are only made

in-person, (v) sell and offer for sale at retail for use and

consumption on the premises specified in the license any form

of alcoholic liquor purchased from a licensed distributor or

importing distributor, and (vi) with the prior approval of the

Commission, annually transfer no more than 155,000 gallons of

beer manufactured on the premises to a licensed brew pub wholly

owned and operated by the same licensee.

A brew pub licensee shall not under any circumstance sell

or offer for sale beer manufactured by the brew pub licensee to

retail licensees.

A person who holds a class 2 brewer license may

simultaneously hold a brew pub license if the class 2 brewer

(i) does not, under any circumstance, sell or offer for sale

beer manufactured by the class 2 brewer to retail licensees;

(ii) does not hold more than 3 brew pub licenses in this State;

(iii) does not manufacture more than a combined 3,720,000

gallons of beer per year, including the beer manufactured at

the brew pub; and (iv) is not a member of or affiliated with,

directly or indirectly, a manufacturer that produces more than

3,720,000 gallons of beer per year or any other alcoholic

liquor.

Notwithstanding any other provision of this Act, a licensed

brewer, class 2 brewer, or non-resident dealer who before July

1, 2015 manufactured less than 3,720,000 gallons of beer per

year and held a brew pub license on or before July 1, 2015 may

(i) continue to qualify for and hold that brew pub license for

the licensed premises and (ii) manufacture more than 3,720,000

gallons of beer per year and continue to qualify for and hold

that brew pub license if that brewer, class 2 brewer, or

non-resident dealer does not simultaneously hold a class 1

brewer license and is not a member of or affiliated with,

directly or indirectly, a manufacturer that produces more than

3,720,000 gallons of beer per year or that produces any other

alcoholic liquor.

(o) A caterer retailer license shall allow the holder to

serve alcoholic liquors as an incidental part of a food service

that serves prepared meals which excludes the serving of snacks

as the primary meal, either on or off-site whether licensed or

unlicensed.

(p) An auction liquor license shall allow the licensee to

sell and offer for sale at auction wine and spirits for use or

consumption, or for resale by an Illinois liquor licensee in

accordance with provisions of this Act. An auction liquor

license will be issued to a person and it will permit the

auction liquor licensee to hold the auction anywhere in the

State. An auction liquor license must be obtained for each

auction at least 14 days in advance of the auction date.

(q) A special use permit license shall allow an Illinois

licensed retailer to transfer a portion of its alcoholic liquor

inventory from its retail licensed premises to the premises

specified in the license hereby created, and to sell or offer

for sale at retail, only in the premises specified in the

license hereby created, the transferred alcoholic liquor for

use or consumption, but not for resale in any form. A special

use permit license may be granted for the following time

periods: one day or less; 2 or more days to a maximum of 15 days

per location in any 12-month period. An applicant for the

special use permit license must also submit with the

application proof satisfactory to the State Commission that the

applicant will provide dram shop liability insurance to the

maximum limits and have local authority approval.

(r) A winery shipper's license shall allow a person with a

first-class or second-class wine manufacturer's license, a

first-class or second-class wine-maker's license, or a limited

wine manufacturer's license or who is licensed to make wine

under the laws of another state to ship wine made by that

licensee directly to a resident of this State who is 21 years

of age or older for that resident's personal use and not for

resale. Prior to receiving a winery shipper's license, an

applicant for the license must provide the Commission with a

true copy of its current license in any state in which it is

licensed as a manufacturer of wine. An applicant for a winery

shipper's license must also complete an application form that

provides any other information the Commission deems necessary.

The application form shall include all addresses from which the

applicant for a winery shipper's license intends to ship wine,

including the name and address of any third party, except for a

common carrier, authorized to ship wine on behalf of the

manufacturer. The application form shall include an

acknowledgement consenting to the jurisdiction of the

Commission, the Illinois Department of Revenue, and the courts

of this State concerning the enforcement of this Act and any

related laws, rules, and regulations, including authorizing

the Department of Revenue and the Commission to conduct audits

for the purpose of ensuring compliance with Public Act 95-634,

and an acknowledgement that the wine manufacturer is in

compliance with Section 6-2 of this Act. Any third party,

except for a common carrier, authorized to ship wine on behalf

of a first-class or second-class wine manufacturer's licensee,

a first-class or second-class wine-maker's licensee, a limited

wine manufacturer's licensee, or a person who is licensed to

make wine under the laws of another state shall also be

disclosed by the winery shipper's licensee, and a copy of the

written appointment of the third-party wine provider, except

for a common carrier, to the wine manufacturer shall be filed

with the State Commission as a supplement to the winery

shipper's license application or any renewal thereof. The

winery shipper's license holder shall affirm under penalty of

perjury, as part of the winery shipper's license application or

renewal, that he or she only ships wine, either directly or

indirectly through a third-party provider, from the licensee's

own production.

Except for a common carrier, a third-party provider

shipping wine on behalf of a winery shipper's license holder is

the agent of the winery shipper's license holder and, as such,

a winery shipper's license holder is responsible for the acts

and omissions of the third-party provider acting on behalf of

the license holder. A third-party provider, except for a common

carrier, that engages in shipping wine into Illinois on behalf

of a winery shipper's license holder shall consent to the

jurisdiction of the State Commission and the State. Any

third-party, except for a common carrier, holding such an

appointment shall, by February 1 of each calendar year and upon

request by the State Commission or the Department of Revenue,

file with the State Commission a statement detailing each

shipment made to an Illinois resident. The statement shall

include the name and address of the third-party provider filing

the statement, the time period covered by the statement, and

the following information:

(1) the name, address, and license number of the winery

shipper on whose behalf the shipment was made;

(2) the quantity of the products delivered; and

(3) the date and address of the shipment.

If the Department of Revenue or the State Commission requests a

statement under this paragraph, the third-party provider must

provide that statement no later than 30 days after the request

is made. Any books, records, supporting papers, and documents

containing information and data relating to a statement under

this paragraph shall be kept and preserved for a period of 3

years, unless their destruction sooner is authorized, in

writing, by the Director of Revenue, and shall be open and

available to inspection by the Director of Revenue or the State

Commission or any duly authorized officer, agent, or employee

of the State Commission or the Department of Revenue, at all

times during business hours of the day. Any person who violates

any provision of this paragraph or any rule of the State

Commission for the administration and enforcement of the

provisions of this paragraph is guilty of a Class C

misdemeanor. In case of a continuing violation, each day's

continuance thereof shall be a separate and distinct offense.

The State Commission shall adopt rules as soon as

practicable to implement the requirements of Public Act 99-904

and shall adopt rules prohibiting any such third-party

appointment of a third-party provider, except for a common

carrier, that has been deemed by the State Commission to have

violated the provisions of this Act with regard to any winery

shipper licensee.

A winery shipper licensee must pay to the Department of

Revenue the State liquor gallonage tax under Section 8-1 for

all wine that is sold by the licensee and shipped to a person

in this State. For the purposes of Section 8-1, a winery

shipper licensee shall be taxed in the same manner as a

manufacturer of wine. A licensee who is not otherwise required

to register under the Retailers' Occupation Tax Act must

register under the Use Tax Act to collect and remit use tax to

the Department of Revenue for all gallons of wine that are sold

by the licensee and shipped to persons in this State. If a

licensee fails to remit the tax imposed under this Act in

accordance with the provisions of Article VIII of this Act, the

winery shipper's license shall be revoked in accordance with

the provisions of Article VII of this Act. If a licensee fails

to properly register and remit tax under the Use Tax Act or the

Retailers' Occupation Tax Act for all wine that is sold by the

winery shipper and shipped to persons in this State, the winery

shipper's license shall be revoked in accordance with the

provisions of Article VII of this Act.

A winery shipper licensee must collect, maintain, and

submit to the Commission on a semi-annual basis the total

number of cases per resident of wine shipped to residents of

this State. A winery shipper licensed under this subsection (r)

must comply with the requirements of Section 6-29 of this Act.

Pursuant to paragraph (5.1) or (5.3) of subsection (a) of

Section 3-12, the State Commission may receive, respond to, and

investigate any complaint and impose any of the remedies

specified in paragraph (1) of subsection (a) of Section 3-12.

As used in this subsection, "third-party provider" means

any entity that provides fulfillment house services, including

warehousing, packaging, distribution, order processing, or

shipment of wine, but not the sale of wine, on behalf of a

licensed winery shipper.

(s) A craft distiller tasting permit license shall allow an

Illinois licensed craft distiller to transfer a portion of its

alcoholic liquor inventory from its craft distiller licensed

premises to the premises specified in the license hereby

created and to conduct a sampling, only in the premises

specified in the license hereby created, of the transferred

alcoholic liquor in accordance with subsection (c) of Section

6-31 of this Act. The transferred alcoholic liquor may not be

sold or resold in any form. An applicant for the craft

distiller tasting permit license must also submit with the

application proof satisfactory to the State Commission that the

applicant will provide dram shop liability insurance to the

maximum limits and have local authority approval.

A brewer warehouse permit may be issued to the holder of a

class 1 brewer license or a class 2 brewer license. If the

holder of the permit is a class 1 brewer licensee, the brewer

warehouse permit shall allow the holder to store or warehouse

up to 930,000 gallons of tax-determined beer manufactured by

the holder of the permit at the premises specified on the

permit. If the holder of the permit is a class 2 brewer

licensee, the brewer warehouse permit shall allow the holder to

store or warehouse up to 3,720,000 gallons of tax-determined

beer manufactured by the holder of the permit at the premises

specified on the permit. Sales to non-licensees are prohibited

at the premises specified in the brewer warehouse permit.

(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16;

99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff.

1-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; 100-816,

eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. 8-23-18;

revised 10-2-18.)

(235 ILCS 5/6-4) (from Ch. 43, par. 121)

Sec. 6-4. (a) No person licensed by any licensing authority

as a distiller, or a wine manufacturer, or any subsidiary or

affiliate thereof, or any officer, associate, member, partner,

representative, employee, agent or shareholder owning more

than 5% of the outstanding shares of such person shall be

issued an importing distributor's or distributor's license,

nor shall any person licensed by any licensing authority as an

importing distributor, distributor or retailer, or any

subsidiary or affiliate thereof, or any officer or associate,

member, partner, representative, employee, agent or

shareholder owning more than 5% of the outstanding shares of

such person be issued a distiller's license, a craft

distiller's license, or a wine manufacturer's license; and no

person or persons licensed as a distiller or craft distiller by

any licensing authority shall have any interest, directly or

indirectly, with such distributor or importing distributor.

However, an importing distributor or distributor, which on

January 1, 1985 is owned by a brewer, or any subsidiary or

affiliate thereof or any officer, associate, member, partner,

representative, employee, agent or shareholder owning more

than 5% of the outstanding shares of the importing distributor

or distributor referred to in this paragraph, may own or

acquire an ownership interest of more than 5% of the

outstanding shares of a wine manufacturer and be issued a wine

manufacturer's license by any licensing authority.

(b) The foregoing provisions shall not apply to any person

licensed by any licensing authority as a distiller or wine

manufacturer, or to any subsidiary or affiliate of any

distiller or wine manufacturer who shall have been heretofore

licensed by the State Commission as either an importing

distributor or distributor during the annual licensing period

expiring June 30, 1947, and shall actually have made sales

regularly to retailers.

(c) Provided, however, that in such instances where a

distributor's or importing distributor's license has been

issued to any distiller or wine manufacturer or to any

subsidiary or affiliate of any distiller or wine manufacturer

who has, during the licensing period ending June 30, 1947, sold

or distributed as such licensed distributor or importing

distributor alcoholic liquors and wines to retailers, such

distiller or wine manufacturer or any subsidiary or affiliate

of any distiller or wine manufacturer holding such

distributor's or importing distributor's license may continue

to sell or distribute to retailers such alcoholic liquors and

wines which are manufactured, distilled, processed or marketed

by distillers and wine manufacturers whose products it sold or

distributed to retailers during the whole or any part of its

licensing periods; and such additional brands and additional

products may be added to the line of such distributor or

importing distributor, provided, that such brands and such

products were not sold or distributed by any distributor or

importing distributor licensed by the State Commission during

the licensing period ending June 30, 1947, but can not sell or

distribute to retailers any other alcoholic liquors or wines.

(d) It shall be unlawful for any distiller licensed

anywhere to have any stock ownership or interest in any

distributor's or importing distributor's license wherein any

other person has an interest therein who is not a distiller and

does not own more than 5% of any stock in any distillery.

Nothing herein contained shall apply to such distillers or

their subsidiaries or affiliates, who had a distributor's or

importing distributor's license during the licensing period

ending June 30, 1947, which license was owned in whole by such

distiller, or subsidiaries or affiliates of such distiller.

(e) Any person licensed as a brewer, class 1 brewer, or

class 2 brewer shall be permitted to sell on the licensed

premises to non-licensees for on or off-premises consumption

for the premises in which he or she actually conducts such

business: (i) beer manufactured by the brewer, class 1 brewer,

or class 2 brewer; (ii) beer manufactured by any other brewer,

class 1 brewer, or class 2 brewer; and (iii) cider. Such sales

shall be limited to on-premises, in-person sales only, for

lawful consumption on or off premises. Such authorization shall

be considered a privilege granted by the brewer license and,

other than a manufacturer of beer as stated above, no

manufacturer or distributor or importing distributor,

excluding airplane licensees exercising powers provided in

paragraph (i) of Section 5-1 of this Act, or any subsidiary or

affiliate thereof, or any officer, associate, member, partner,

representative, employee or agent, or shareholder shall be

issued a retailer's license, nor shall any person having a

retailer's license, excluding airplane licensees exercising

powers provided in paragraph (i) of Section 5-1 of this Act, or

any subsidiary or affiliate thereof, or any officer, associate,

member, partner, representative or agent, or shareholder be

issued a manufacturer's license or importing distributor's

license.

A manufacturer of beer that imports or transfers beer into

this State must comply with Sections 6-8 and 8-1 of this Act.

A person who holds a class 1 or class 2 brewer license and

is authorized by this Section to sell beer to non-licensees

shall not sell beer to non-licensees from more than 3 total

brewer or commonly owned brew pub licensed locations in this

State. The class 1 or class 2 brewer shall designate to the

State Commission the brewer or brew pub locations from which it

will sell beer to non-licensees.

A person licensed as a craft distiller, including a person

who holds more than one craft distiller license, not affiliated

with any other person manufacturing spirits may be authorized

by the Commission to sell up to 2,500 gallons of spirits

produced by the person to non-licensees for on or off-premises

consumption for the premises in which he or she actually

conducts business permitting only the retail sale of spirits

manufactured at such premises. Such sales shall be limited to

on-premises, in-person sales only, for lawful consumption on or

off premises, and such authorization shall be considered a

privilege granted by the craft distiller license. A craft

distiller licensed for retail sale shall secure liquor

liability insurance coverage in an amount at least equal to the

maximum liability amounts set forth in subsection (a) of

Section 6-21 of this Act.

A craft distiller license holder shall not deliver any

alcoholic liquor to any non-licensee off the licensed premises.

A craft distiller shall affirm in its annual craft distiller's

license application that it does not produce more than 100,000

gallons of distilled spirits annually and that the craft

distiller does not sell more than 2,500 gallons of spirits to

non-licensees for on or off-premises consumption. In the

application, which shall be sworn under penalty of perjury, the

craft distiller shall state the volume of production and sales

for each year since the craft distiller's establishment.

(f) (Blank).

(g) Notwithstanding any of the foregoing prohibitions, a

limited wine manufacturer may sell at retail at its

manufacturing site for on or off premises consumption and may

sell to distributors. A limited wine manufacturer licensee

shall secure liquor liability insurance coverage in an amount

at least equal to the maximum liability amounts set forth in

subsection (a) of Section 6-21 of this Act.

(h) The changes made to this Section by Public Act 99-47

shall not diminish or impair the rights of any person, whether

a distiller, wine manufacturer, agent, or affiliate thereof,

who requested in writing and submitted documentation to the

State Commission on or before February 18, 2015 to be approved

for a retail license pursuant to what has heretofore been

subsection (f); provided that, on or before that date, the

State Commission considered the intent of that person to apply

for the retail license under that subsection and, by recorded

vote, the State Commission approved a resolution indicating

that such a license application could be lawfully approved upon

that person duly filing a formal application for a retail

license and if that person, within 90 days of the State

Commission appearance and recorded vote, first filed an

application with the appropriate local commission, which

application was subsequently approved by the appropriate local

commission prior to consideration by the State Commission of

that person's application for a retail license. It is further

provided that the State Commission may approve the person's

application for a retail license or renewals of such license if

such person continues to diligently adhere to all

representations made in writing to the State Commission on or

before February 18, 2015, or thereafter, or in the affidavit

filed by that person with the State Commission to support the

issuance of a retail license and to abide by all applicable

laws and duly adopted rules.

(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;

99-642, eff. 7-28-16; 99-902, eff. 8-26-16; 100-201, eff.

8-18-17; 100-816, eff. 8-13-18; 100-885, eff. 8-14-18; revised

10-24-18.)

(235 ILCS 5/6-11)

Sec. 6-11. Sale near churches, schools, and hospitals.

(a) No license shall be issued for the sale at retail of

any alcoholic liquor within 100 feet of any church, school

other than an institution of higher learning, hospital, home

for aged or indigent persons or for veterans, their spouses or

children or any military or naval station, provided, that this

prohibition shall not apply to hotels offering restaurant

service, regularly organized clubs, or to restaurants, food

shops or other places where sale of alcoholic liquors is not

the principal business carried on if the place of business so

exempted is not located in a municipality of more than 500,000

persons, unless required by local ordinance; nor to the renewal

of a license for the sale at retail of alcoholic liquor on

premises within 100 feet of any church or school where the

church or school has been established within such 100 feet

since the issuance of the original license. In the case of a

church, the distance of 100 feet shall be measured to the

nearest part of any building used for worship services or

educational programs and not to property boundaries.

(a-5) Notwithstanding any provision of this Section to the

contrary, a local liquor control commissioner may grant an

exemption to the prohibition in subsection (a) of this Section

if a local rule or ordinance authorizes the local liquor

control commissioner to grant that exemption.

(b) Nothing in this Section shall prohibit the issuance of

a retail license authorizing the sale of alcoholic liquor to a

restaurant, the primary business of which is the sale of goods

baked on the premises if (i) the restaurant is newly

constructed and located on a lot of not less than 10,000 square

feet, (ii) the restaurant costs at least $1,000,000 to

construct, (iii) the licensee is the titleholder to the

premises and resides on the premises, and (iv) the construction

of the restaurant is completed within 18 months of July 10,

1998 (the effective date of Public Act 90-617).

(c) Nothing in this Section shall prohibit the issuance of

a retail license authorizing the sale of alcoholic liquor

incidental to a restaurant if (1) the primary business of the

restaurant consists of the sale of food where the sale of

liquor is incidental to the sale of food and the applicant is a

completely new owner of the restaurant, (2) the immediately

prior owner or operator of the premises where the restaurant is

located operated the premises as a restaurant and held a valid

retail license authorizing the sale of alcoholic liquor at the

restaurant for at least part of the 24 months before the change

of ownership, and (3) the restaurant is located 75 or more feet

from a school.

(d) In the interest of further developing Illinois' economy

in the area of commerce, tourism, convention, and banquet

business, nothing in this Section shall prohibit issuance of a

retail license authorizing the sale of alcoholic beverages to a

restaurant, banquet facility, grocery store, or hotel having

not fewer than 150 guest room accommodations located in a

municipality of more than 500,000 persons, notwithstanding the

proximity of such hotel, restaurant, banquet facility, or

grocery store to any church or school, if the licensed premises

described on the license are located within an enclosed mall or

building of a height of at least 6 stories, or 60 feet in the

case of a building that has been registered as a national

landmark, or in a grocery store having a minimum of 56,010

square feet of floor space in a single story building in an

open mall of at least 3.96 acres that is adjacent to a public

school that opened as a boys technical high school in 1934, or

in a grocery store having a minimum of 31,000 square feet of

floor space in a single story building located a distance of

more than 90 feet but less than 100 feet from a high school

that opened in 1928 as a junior high school and became a senior

high school in 1933, and in each of these cases if the sale of

alcoholic liquors is not the principal business carried on by

the licensee.

For purposes of this Section, a "banquet facility" is any

part of a building that caters to private parties and where the

sale of alcoholic liquors is not the principal business.

(e) Nothing in this Section shall prohibit the issuance of

a license to a church or private school to sell at retail

alcoholic liquor if any such sales are limited to periods when

groups are assembled on the premises solely for the promotion

of some common object other than the sale or consumption of

alcoholic liquors.

(f) Nothing in this Section shall prohibit a church or

church affiliated school located in a home rule municipality or

in a municipality with 75,000 or more inhabitants from locating

within 100 feet of a property for which there is a preexisting

license to sell alcoholic liquor at retail. In these instances,

the local zoning authority may, by ordinance adopted

simultaneously with the granting of an initial special use

zoning permit for the church or church affiliated school,

provide that the 100-foot restriction in this Section shall not

apply to that church or church affiliated school and future

retail liquor licenses.

(g) Nothing in this Section shall prohibit the issuance of

a retail license authorizing the sale of alcoholic liquor at

premises within 100 feet, but not less than 90 feet, of a

public school if (1) the premises have been continuously

licensed to sell alcoholic liquor for a period of at least 50

years, (2) the premises are located in a municipality having a

population of over 500,000 inhabitants, (3) the licensee is an

individual who is a member of a family that has held the

previous 3 licenses for that location for more than 25 years,

(4) the principal of the school and the alderman of the ward in

which the school is located have delivered a written statement

to the local liquor control commissioner stating that they do

not object to the issuance of a license under this subsection

(g), and (5) the local liquor control commissioner has received

the written consent of a majority of the registered voters who

live within 200 feet of the premises.

(h) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within premises and at an outdoor patio area attached to

premises that are located in a municipality with a population

in excess of 300,000 inhabitants and that are within 100 feet

of a church if:

(1) the sale of alcoholic liquor at the premises is

incidental to the sale of food,

(2) the sale of liquor is not the principal business

carried on by the licensee at the premises,

(3) the premises are less than 1,000 square feet,

(4) the premises are owned by the University of

Illinois,

(5) the premises are immediately adjacent to property

owned by a church and are not less than 20 nor more than 40

feet from the church space used for worship services, and

(6) the principal religious leader at the place of

worship has indicated his or her support for the issuance

of the license in writing.

(i) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license to sell alcoholic liquor at a premises

that is located within a municipality with a population in

excess of 300,000 inhabitants and is within 100 feet of a

church, synagogue, or other place of worship if:

(1) the primary entrance of the premises and the

primary entrance of the church, synagogue, or other place

of worship are at least 100 feet apart, on parallel

streets, and separated by an alley; and

(2) the principal religious leader at the place of

worship has not indicated his or her opposition to the

issuance or renewal of the license in writing.

(j) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

of a retail license authorizing the sale of alcoholic liquor at

a theater that is within 100 feet of a church if (1) the church

owns the theater, (2) the church leases the theater to one or

more entities, and (3) the theater is used by at least 5

different not-for-profit theater groups.

(k) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and is within

100 feet of a school if:

(1) the primary entrance of the premises and the

primary entrance of the school are parallel, on different

streets, and separated by an alley;

(2) the southeast corner of the premises are at least

350 feet from the southwest corner of the school;

(3) the school was built in 1978;

(4) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(5) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(6) the applicant is the owner of the restaurant and

has held a valid license authorizing the sale of alcoholic

liquor for the business to be conducted on the premises at

a different location for more than 7 years; and

(7) the premises is at least 2,300 square feet and sits

on a lot that is between 6,100 and 6,150 square feet.

(l) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and is within

100 feet of a church or school if:

(1) the primary entrance of the premises and the

closest entrance of the church or school is at least 90

feet apart and no greater than 95 feet apart;

(2) the shortest distance between the premises and the

church or school is at least 80 feet apart and no greater

than 85 feet apart;

(3) the applicant is the owner of the restaurant and on

November 15, 2006 held a valid license authorizing the sale

of alcoholic liquor for the business to be conducted on the

premises for at least 14 different locations;

(4) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(5) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(6) the premises is at least 3,200 square feet and sits

on a lot that is between 7,150 and 7,200 square feet; and

(7) the principal religious leader at the place of

worship has not indicated his or her opposition to the

issuance or renewal of the license in writing.

(m) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and is within

100 feet of a church if:

(1) the premises and the church are perpendicular, and

the primary entrance of the premises faces South while the

primary entrance of the church faces West and the distance

between the two entrances is more than 100 feet;

(2) the shortest distance between the premises lot line

and the exterior wall of the church is at least 80 feet;

(3) the church was established at the current location

in 1916 and the present structure was erected in 1925;

(4) the premises is a single story, single use building

with at least 1,750 square feet and no more than 2,000

square feet;

(5) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(6) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises; and

(7) the principal religious leader at the place of

worship has not indicated his or her opposition to the

issuance or renewal of the license in writing.

(n) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and is within

100 feet of a school if:

(1) the school is a City of Chicago School District 299

school;

(2) the school is located within subarea E of City of

Chicago Residential Business Planned Development Number

70;

(3) the sale of alcoholic liquor is not the principal

business carried on by the licensee on the premises;

(4) the sale of alcoholic liquor at the premises is

incidental to the sale of food; and

(5) the administration of City of Chicago School

District 299 has expressed, in writing, its support for the

issuance of the license.

(o) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a retail license authorizing the sale of

alcoholic liquor at a premises that is located within a

municipality in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(2) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(3) the premises is located on a street that runs

perpendicular to the street on which the church is located;

(4) the primary entrance of the premises is at least

100 feet from the primary entrance of the church;

(5) the shortest distance between any part of the

premises and any part of the church is at least 60 feet;

(6) the premises is between 3,600 and 4,000 square feet

and sits on a lot that is between 3,600 and 4,000 square

feet; and

(7) the premises was built in the year 1909.

For purposes of this subsection (o), "premises" means a

place of business together with a privately owned outdoor

location that is adjacent to the place of business.

(p) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the shortest distance between the backdoor of the

premises, which is used as an emergency exit, and the

church is at least 80 feet;

(2) the church was established at the current location

in 1889; and

(3) liquor has been sold on the premises since at least

1985.

(q) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a premises that is located in a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church-owned property if:

(1) the premises is located within a larger building

operated as a grocery store;

(2) the area of the premises does not exceed 720 square

feet and the area of the larger building exceeds 18,000

square feet;

(3) the larger building containing the premises is

within 100 feet of the nearest property line of a

church-owned property on which a church-affiliated school

is located;

(4) the sale of liquor is not the principal business

carried on within the larger building;

(5) the primary entrance of the larger building and the

premises and the primary entrance of the church-affiliated

school are on different, parallel streets, and the distance

between the 2 primary entrances is more than 100 feet;

(6) the larger building is separated from the

church-owned property and church-affiliated school by an

alley;

(7) the larger building containing the premises and the

church building front are on perpendicular streets and are

separated by a street; and

(8) (Blank).

(r) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance,

renewal, or maintenance of a license authorizing the sale of

alcoholic liquor incidental to the sale of food within a

restaurant established in a premises that is located in a

municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a church if:

(1) the primary entrance of the church and the primary

entrance of the restaurant are at least 100 feet apart;

(2) the restaurant has operated on the ground floor and

lower level of a multi-story, multi-use building for more

than 40 years;

(3) the primary business of the restaurant consists of

the sale of food where the sale of liquor is incidental to

the sale of food;

(4) the sale of alcoholic liquor is conducted primarily

in the below-grade level of the restaurant to which the

only public access is by a staircase located inside the

restaurant; and

(5) the restaurant has held a license authorizing the

sale of alcoholic liquor on the premises for more than 40

years.

(s) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit renewal of a

license authorizing the sale of alcoholic liquor at a premises

that is located within a municipality with a population more

than 5,000 and less than 10,000 and is within 100 feet of a

church if:

(1) the church was established at the location within

100 feet of the premises after a license for the sale of

alcoholic liquor at the premises was first issued;

(2) a license for sale of alcoholic liquor at the

premises was first issued before January 1, 2007; and

(3) a license for the sale of alcoholic liquor on the

premises has been continuously in effect since January 1,

2007, except for interruptions between licenses of no more

than 90 days.

(t) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor incidental to the sale of food within a restaurant that

is established in a premises that is located in a municipality

with a population in excess of 1,000,000 inhabitants and within

100 feet of a school and a church if:

(1) the restaurant is located inside a five-story

building with over 16,800 square feet of commercial space;

(2) the area of the premises does not exceed 31,050

square feet;

(3) the area of the restaurant does not exceed 5,800

square feet;

(4) the building has no less than 78 condominium units;

(5) the construction of the building in which the

restaurant is located was completed in 2006;

(6) the building has 10 storefront properties, 3 of

which are used for the restaurant;

(7) the restaurant will open for business in 2010;

(8) the building is north of the school and separated

by an alley; and

(9) the principal religious leader of the church and

either the alderman of the ward in which the school is

located or the principal of the school have delivered a

written statement to the local liquor control commissioner

stating that he or she does not object to the issuance of a

license under this subsection (t).

(u) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license to sell alcoholic liquor at a premises

that is located within a municipality with a population in

excess of 1,000,000 inhabitants and within 100 feet of a school

if:

(1) the premises operates as a restaurant and has been

in operation since February 2008;

(2) the applicant is the owner of the premises;

(3) the sale of alcoholic liquor is incidental to the

sale of food;

(4) the sale of alcoholic liquor is not the principal

business carried on by the licensee on the premises;

(5) the premises occupy the first floor of a 3-story

building that is at least 90 years old;

(6) the rear lot of the school and the rear corner of

the building that the premises occupy are separated by an

alley;

(7) the distance from the southwest corner of the

property line of the school and the northeast corner of the

building that the premises occupy is at least 16 feet, 5

inches;

(8) the distance from the rear door of the premises to

the southwest corner of the property line of the school is

at least 93 feet;

(9) the school is a City of Chicago School District 299

school;

(10) the school's main structure was erected in 1902

and an addition was built to the main structure in 1959;

and

(11) the principal of the school and the alderman in

whose district the premises are located have expressed, in

writing, their support for the issuance of the license.

(v) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and is within

100 feet of a school if:

(1) the total land area of the premises for which the

license or renewal is sought is more than 600,000 square

feet;

(2) the premises for which the license or renewal is

sought has more than 600 parking stalls;

(3) the total area of all buildings on the premises for

which the license or renewal is sought exceeds 140,000

square feet;

(4) the property line of the premises for which the

license or renewal is sought is separated from the property

line of the school by a street;

(5) the distance from the school's property line to the

property line of the premises for which the license or

renewal is sought is at least 60 feet;

(6) as of June 14, 2011 (the effective date of Public

Act 97-9), the premises for which the license or renewal is

sought is located in the Illinois Medical District.

(w) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license to sell alcoholic liquor at a premises

that is located within a municipality with a population in

excess of 1,000,000 inhabitants and within 100 feet of a church

if:

(1) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(2) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(3) the premises occupy the first floor and basement of

a 2-story building that is 106 years old;

(4) the premises is at least 7,000 square feet and

located on a lot that is at least 11,000 square feet;

(5) the premises is located directly west of the

church, on perpendicular streets, and separated by an

alley;

(6) the distance between the property line of the

premises and the property line of the church is at least 20

feet;

(7) the distance between the primary entrance of the

premises and the primary entrance of the church is at least

130 feet; and

(8) the church has been at its location for at least 40

years.

(x) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the church has been operating in its current

location since 1973;

(3) the premises has been operating in its current

location since 1988;

(4) the church and the premises are owned by the same

parish;

(5) the premises is used for cultural and educational

purposes;

(6) the primary entrance to the premises and the

primary entrance to the church are located on the same

street;

(7) the principal religious leader of the church has

indicated his support of the issuance of the license;

(8) the premises is a 2-story building of approximately

23,000 square feet; and

(9) the premises houses a ballroom on its ground floor

of approximately 5,000 square feet.

(y) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(3) according to the municipality, the distance

between the east property line of the premises and the west

property line of the school is 97.8 feet;

(4) the school is a City of Chicago School District 299

school;

(5) the school has been operating since 1959;

(6) the primary entrance to the premises and the

primary entrance to the school are located on the same

street;

(7) the street on which the entrances of the premises

and the school are located is a major diagonal

thoroughfare;

(8) the premises is a single-story building of

approximately 2,900 square feet; and

(9) the premises is used for commercial purposes only.

(z) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a mosque if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the licensee shall only sell packaged liquors at

the premises;

(3) the licensee is a national retail chain having over

100 locations within the municipality;

(4) the licensee has over 8,000 locations nationwide;

(5) the licensee has locations in all 50 states;

(6) the premises is located in the North-East quadrant

of the municipality;

(7) the premises is a free-standing building that has

"drive-through" pharmacy service;

(8) the premises has approximately 14,490 square feet

of retail space;

(9) the premises has approximately 799 square feet of

pharmacy space;

(10) the premises is located on a major arterial street

that runs east-west and accepts truck traffic; and

(11) the alderman of the ward in which the premises is

located has expressed, in writing, his or her support for

the issuance of the license.

(aa) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the licensee shall only sell packaged liquors at

the premises;

(3) the licensee is a national retail chain having over

100 locations within the municipality;

(4) the licensee has over 8,000 locations nationwide;

(5) the licensee has locations in all 50 states;

(6) the premises is located in the North-East quadrant

of the municipality;

(7) the premises is located across the street from a

national grocery chain outlet;

(8) the premises has approximately 16,148 square feet

of retail space;

(9) the premises has approximately 992 square feet of

pharmacy space;

(10) the premises is located on a major arterial street

that runs north-south and accepts truck traffic; and

(11) the alderman of the ward in which the premises is

located has expressed, in writing, his or her support for

the issuance of the license.

(bb) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(3) the primary entrance to the premises and the

primary entrance to the church are located on the same

street;

(4) the premises is across the street from the church;

(5) the street on which the premises and the church are

located is a major arterial street that runs east-west;

(6) the church is an elder-led and Bible-based Assyrian

church;

(7) the premises and the church are both single-story

buildings;

(8) the storefront directly west of the church is being

used as a restaurant; and

(9) the distance between the northern-most property

line of the premises and the southern-most property line of

the church is 65 feet.

(cc) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the licensee shall only sell packaged liquors at

the premises;

(3) the licensee is a national retail chain;

(4) as of October 25, 2011, the licensee has 1,767

stores operating nationwide, 87 stores operating in the

State, and 10 stores operating within the municipality;

(5) the licensee shall occupy approximately 124,000

square feet of space in the basement and first and second

floors of a building located across the street from a

school;

(6) the school opened in August of 2009 and occupies

approximately 67,000 square feet of space; and

(7) the building in which the premises shall be located

has been listed on the National Register of Historic Places

since April 17, 1970.

(dd) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a full-service grocery store at a premises that

is located within a municipality with a population in excess of

1,000,000 inhabitants and is within 100 feet of a school if:

(1) the premises is constructed on land that was

purchased from the municipality at a fair market price;

(2) the premises is constructed on land that was

previously used as a parking facility for public safety

employees;

(3) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(4) the main entrance to the store is more than 100

feet from the main entrance to the school;

(5) the premises is to be new construction;

(6) the school is a private school;

(7) the principal of the school has given written

approval for the license;

(8) the alderman of the ward where the premises is

located has given written approval of the issuance of the

license;

(9) the grocery store level of the premises is between

60,000 and 70,000 square feet; and

(10) the owner and operator of the grocery store

operates 2 other grocery stores that have alcoholic liquor

licenses within the same municipality.

(ee) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a full-service grocery store at a premises that

is located within a municipality with a population in excess of

1,000,000 inhabitants and is within 100 feet of a school if:

(1) the premises is constructed on land that once

contained an industrial steel facility;

(2) the premises is located on land that has undergone

environmental remediation;

(3) the premises is located within a retail complex

containing retail stores where some of the stores sell

alcoholic beverages;

(4) the principal activity of any restaurant in the

retail complex is the sale of food, and the sale of

alcoholic liquor is incidental to the sale of food;

(5) the sale of alcoholic liquor is not the principal

business carried on by the grocery store;

(6) the entrance to any business that sells alcoholic

liquor is more than 100 feet from the entrance to the

school;

(7) the alderman of the ward where the premises is

located has given written approval of the issuance of the

license; and

(8) the principal of the school has given written

consent to the issuance of the license.

(ff) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the sale of alcoholic liquor is not the principal

business carried on at the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the operation of a theater;

(3) the premises is a one and one-half-story building

of approximately 10,000 square feet;

(4) the school is a City of Chicago School District 299

school;

(5) the primary entrance of the premises and the

primary entrance of the school are at least 300 feet apart

and no more than 400 feet apart;

(6) the alderman of the ward in which the premises is

located has expressed, in writing, his support for the

issuance of the license; and

(7) the principal of the school has expressed, in

writing, that there is no objection to the issuance of a

license under this subsection (ff).

(gg) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor incidental to the sale of food within a restaurant or

banquet facility established in a premises that is located in a

municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the property on which the church is located and the

property on which the premises are located are both within

a district originally listed on the National Register of

Historic Places on February 14, 1979;

(3) the property on which the premises are located

contains one or more multi-story buildings that are at

least 95 years old and have no more than three stories;

(4) the building in which the church is located is at

least 120 years old;

(5) the property on which the church is located is

immediately adjacent to and west of the property on which

the premises are located;

(6) the western boundary of the property on which the

premises are located is no less than 118 feet in length and

no more than 122 feet in length;

(7) as of December 31, 2012, both the church property

and the property on which the premises are located are

within 250 feet of City of Chicago Business-Residential

Planned Development Number 38;

(8) the principal religious leader at the place of

worship has indicated his or her support for the issuance

of the license in writing; and

(9) the alderman in whose district the premises are

located has expressed his or her support for the issuance

of the license in writing.

For the purposes of this subsection, "banquet facility"

means the part of the building that is located on the floor

above a restaurant and caters to private parties and where the

sale of alcoholic liquors is not the principal business.

(hh) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a hotel and at an outdoor patio area attached to

the hotel that are located in a municipality with a population

in excess of 1,000,000 inhabitants and that are within 100 feet

of a hospital if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the hotel;

(2) the hotel is located within the City of Chicago

Business Planned Development Number 468; and

(3) the hospital is located within the City of Chicago

Institutional Planned Development Number 3.

(ii) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a restaurant and at an outdoor patio area

attached to the restaurant that are located in a municipality

with a population in excess of 1,000,000 inhabitants and that

are within 100 feet of a church if:

(1) the sale of alcoholic liquor at the premises is not

the principal business carried on by the licensee and is

incidental to the sale of food;

(2) the restaurant has been operated on the street

level of a 2-story building located on a corner lot since

2008;

(3) the restaurant is between 3,700 and 4,000 square

feet and sits on a lot that is no more than 6,200 square

feet;

(4) the primary entrance to the restaurant and the

primary entrance to the church are located on the same

street;

(5) the street on which the restaurant and the church

are located is a major east-west street;

(6) the restaurant and the church are separated by a

one-way northbound street;

(7) the church is located to the west of and no more

than 65 feet from the restaurant; and

(8) the principal religious leader at the place of

worship has indicated his or her consent to the issuance of

the license in writing.

(jj) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor is incidental to the

sale of food;

(3) the premises are located east of the church, on

perpendicular streets, and separated by an alley;

(4) the distance between the primary entrance of the

premises and the primary entrance of the church is at least

175 feet;

(5) the distance between the property line of the

premises and the property line of the church is at least 40

feet;

(6) the licensee has been operating at the premises

since 2012;

(7) the church was constructed in 1904;

(8) the alderman of the ward in which the premises is

located has expressed, in writing, his or her support for

the issuance of the license; and

(9) the principal religious leader of the church has

delivered a written statement that he or she does not

object to the issuance of a license under this subsection

(jj).

(kk) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the licensee shall only sell packaged liquors on

the premises;

(3) the licensee is a national retail chain;

(4) as of February 27, 2013, the licensee had 1,778

stores operating nationwide, 89 operating in this State,

and 11 stores operating within the municipality;

(5) the licensee shall occupy approximately 169,048

square feet of space within a building that is located

across the street from a tuition-based preschool; and

(6) the alderman of the ward in which the premises is

located has expressed, in writing, his or her support for

the issuance of the license.

(ll) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the licensee shall only sell packaged liquors on

the premises;

(3) the licensee is a national retail chain;

(4) as of February 27, 2013, the licensee had 1,778

stores operating nationwide, 89 operating in this State,

and 11 stores operating within the municipality;

(5) the licensee shall occupy approximately 191,535

square feet of space within a building that is located

across the street from an elementary school; and

(6) the alderman of the ward in which the premises is

located has expressed, in writing, his or her support for

the issuance of the license.

(mm) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within premises and at an outdoor patio or sidewalk

cafe, or both, attached to premises that are located in a

municipality with a population in excess of 1,000,000

inhabitants and that are within 100 feet of a hospital if:

(1) the primary business of the restaurant consists of

the sale of food where the sale of liquor is incidental to

the sale of food;

(2) as a restaurant, the premises may or may not offer

catering as an incidental part of food service;

(3) the primary business of the restaurant is conducted

in space owned by a hospital or an entity owned or

controlled by, under common control with, or that controls

a hospital, and the chief hospital administrator has

expressed his or her support for the issuance of the

license in writing; and

(4) the hospital is an adult acute care facility

primarily located within the City of Chicago Institutional

Planned Development Number 3.

(nn) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried out on the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the operation of a theater;

(3) the premises are a building that was constructed in

1913 and opened on May 24, 1915 as a vaudeville theater,

and the premises were converted to a motion picture theater

in 1935;

(4) the church was constructed in 1889 with a stone

exterior;

(5) the primary entrance of the premises and the

primary entrance of the church are at least 100 feet apart;

(6) the principal religious leader at the place of

worship has indicated his or her consent to the issuance of

the license in writing; and

(7) the alderman in whose ward the premises are located

has expressed his or her support for the issuance of the

license in writing.

(oo) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a mosque, church, or other place of worship if:

(1) the primary entrance of the premises and the

primary entrance of the mosque, church, or other place of

worship are perpendicular and are on different streets;

(2) the primary entrance to the premises faces West and

the primary entrance to the mosque, church, or other place

of worship faces South;

(3) the distance between the 2 primary entrances is at

least 100 feet;

(4) the mosque, church, or other place of worship was

established in a location within 100 feet of the premises

after a license for the sale of alcohol at the premises was

first issued;

(5) the mosque, church, or other place of worship was

established on or around January 1, 2011;

(6) a license for the sale of alcohol at the premises

was first issued on or before January 1, 1985;

(7) a license for the sale of alcohol at the premises

has been continuously in effect since January 1, 1985,

except for interruptions between licenses of no more than

90 days; and

(8) the premises are a single-story, single-use

building of at least 3,000 square feet and no more than

3,380 square feet.

(pp) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor incidental to the sale of food within a restaurant or

banquet facility established on premises that are located in a

municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of at least one church if:

(1) the sale of liquor shall not be the principal

business carried on by the licensee at the premises;

(2) the premises are at least 2,000 square feet and no

more than 10,000 square feet and is located in a

single-story building;

(3) the property on which the premises are located is

within an area that, as of 2009, was designated as a

Renewal Community by the United States Department of

Housing and Urban Development;

(4) the property on which the premises are located and

the properties on which the churches are located are on the

same street;

(5) the property on which the premises are located is

immediately adjacent to and east of the property on which

at least one of the churches is located;

(6) the property on which the premises are located is

across the street and southwest of the property on which

another church is located;

(7) the principal religious leaders of the churches

have indicated their support for the issuance of the

license in writing; and

(8) the alderman in whose ward the premises are located

has expressed his or her support for the issuance of the

license in writing.

For purposes of this subsection (pp), "banquet facility"

means the part of the building that caters to private parties

and where the sale of alcoholic liquors is not the principal

business.

(qq) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor on premises that are located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church or school if:

(1) the primary entrance of the premises and the

closest entrance of the church or school are at least 200

feet apart and no greater than 300 feet apart;

(2) the shortest distance between the premises and the

church or school is at least 66 feet apart and no greater

than 81 feet apart;

(3) the premises are a single-story, steel-framed

commercial building with at least 18,042 square feet, and

was constructed in 1925 and 1997;

(4) the owner of the business operated within the

premises has been the general manager of a similar

supermarket within one mile from the premises, which has

had a valid license authorizing the sale of alcoholic

liquor since 2002, and is in good standing with the City of

Chicago;

(5) the principal religious leader at the place of

worship has indicated his or her support to the issuance or

renewal of the license in writing;

(6) the alderman of the ward has indicated his or her

support to the issuance or renewal of the license in

writing; and

(7) the principal of the school has indicated his or

her support to the issuance or renewal of the license in

writing.

(rr) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a club that leases space to a school if:

(1) the sale of alcoholic liquor is not the principal

business carried out on the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the operation of a grocery store;

(3) the premises are a building of approximately 1,750

square feet and is rented by the owners of the grocery

store from a family member;

(4) the property line of the premises is approximately

68 feet from the property line of the club;

(5) the primary entrance of the premises and the

primary entrance of the club where the school leases space

are at least 100 feet apart;

(6) the director of the club renting space to the

school has indicated his or her consent to the issuance of

the license in writing; and

(7) the alderman in whose district the premises are

located has expressed his or her support for the issuance

of the license in writing.

(ss) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the premises are located within a 15 unit building

with 13 residential apartments and 2 commercial spaces, and

the licensee will occupy both commercial spaces;

(2) a restaurant has been operated on the premises

since June 2011;

(3) the restaurant currently occupies 1,075 square

feet, but will be expanding to include 975 additional

square feet;

(4) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(5) the premises are located south of the church and on

the same street and are separated by a one-way westbound

street;

(6) the primary entrance of the premises is at least 93

feet from the primary entrance of the church;

(7) the shortest distance between any part of the

premises and any part of the church is at least 72 feet;

(8) the building in which the restaurant is located was

built in 1910;

(9) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license; and

(10) the principal religious leader of the church has

delivered a written statement that he or she does not

object to the issuance of a license under this subsection

(ss).

(tt) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor is incidental to the

sale of food;

(3) the sale of alcoholic liquor at the premises was

previously authorized by a package goods liquor license;

(4) the premises are at least 40,000 square feet with

25 parking spaces in the contiguous surface lot to the

north of the store and 93 parking spaces on the roof;

(5) the shortest distance between the lot line of the

parking lot of the premises and the exterior wall of the

church is at least 80 feet;

(6) the distance between the building in which the

church is located and the building in which the premises

are located is at least 180 feet;

(7) the main entrance to the church faces west and is

at least 257 feet from the main entrance of the premises;

and

(8) the applicant is the owner of 10 similar grocery

stores within the City of Chicago and the surrounding area

and has been in business for more than 30 years.

(uu) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor is incidental to the

operation of a grocery store;

(3) the premises are located in a building that is

approximately 68,000 square feet with 157 parking spaces on

property that was previously vacant land;

(4) the main entrance to the church faces west and is

at least 500 feet from the entrance of the premises, which

faces north;

(5) the church and the premises are separated by an

alley;

(6) the applicant is the owner of 9 similar grocery

stores in the City of Chicago and the surrounding area and

has been in business for more than 40 years; and

(7) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(vv) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor is primary to the sale

of food;

(3) the premises are located south of the church and on

perpendicular streets and are separated by a driveway;

(4) the primary entrance of the premises is at least

100 feet from the primary entrance of the church;

(5) the shortest distance between any part of the

premises and any part of the church is at least 15 feet;

(6) the premises are less than 100 feet from the church

center, but greater than 100 feet from the area within the

building where church services are held;

(7) the premises are 25,830 square feet and sit on a

lot that is 0.48 acres;

(8) the premises were once designated as a Korean

American Presbyterian Church and were once used as a

Masonic Temple;

(9) the premises were built in 1910;

(10) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license; and

(11) the principal religious leader of the church has

delivered a written statement that he or she does not

object to the issuance of a license under this subsection

(vv).

For the purposes of this subsection (vv), "premises" means

a place of business together with a privately owned outdoor

location that is adjacent to the place of business.

(ww) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the school is located within Sub Area III of City

of Chicago Residential-Business Planned Development Number

523, as amended; and

(2) the premises are located within Sub Area I, Sub

Area II, or Sub Area IV of City of Chicago

Residential-Business Planned Development Number 523, as

amended.

(xx) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of wine or wine-related products is the

exclusive business carried on by the licensee at the

premises;

(2) the primary entrance of the premises and the

primary entrance of the church are at least 100 feet apart

and are located on different streets;

(3) the building in which the premises are located and

the building in which the church is located are separated

by an alley;

(4) the premises consists of less than 2,000 square

feet of floor area dedicated to the sale of wine or

wine-related products;

(5) the premises are located on the first floor of a

2-story building that is at least 99 years old and has a

residential unit on the second floor; and

(6) the principal religious leader at the church has

indicated his or her support for the issuance or renewal of

the license in writing.

(yy) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the premises are a 27-story hotel containing 191

guest rooms;

(2) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises and is

limited to a restaurant located on the first floor of the

hotel;

(3) the hotel is adjacent to the church;

(4) the site is zoned as DX-16;

(5) the principal religious leader of the church has

delivered a written statement that he or she does not

object to the issuance of a license under this subsection

(yy); and

(6) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(zz) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the premises are a 15-story hotel containing 143

guest rooms;

(2) the premises are approximately 85,691 square feet;

(3) a restaurant is operated on the premises;

(4) the restaurant is located in the first floor lobby

of the hotel;

(5) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(6) the hotel is located approximately 50 feet from the

church and is separated from the church by a public street

on the ground level and by air space on the upper level,

which is where the public entrances are located;

(7) the site is zoned as DX-16;

(8) the principal religious leader of the church has

delivered a written statement that he or she does not

object to the issuance of a license under this subsection

(zz); and

(9) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(aaa) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a full-service grocery store at premises located

within a municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a school if:

(1) the sale of alcoholic liquor is not the primary

business activity of the grocery store;

(2) the premises are newly constructed on land that was

formerly used by the Young Men's Christian Association;

(3) the grocery store is located within a planned

development that was approved by the municipality in 2007;

(4) the premises are located in a multi-building,

mixed-use complex;

(5) the entrance to the grocery store is located more

than 200 feet from the entrance to the school;

(6) the entrance to the grocery store is located across

the street from the back of the school building, which is

not used for student or public access;

(7) the grocery store executed a binding lease for the

property in 2008;

(8) the premises consist of 2 levels and occupy more

than 80,000 square feet;

(9) the owner and operator of the grocery store

operates at least 10 other grocery stores that have

alcoholic liquor licenses within the same municipality;

and

(10) the director of the school has expressed, in

writing, his or her support for the issuance of the

license.

(bbb) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(2) the premises are located in a single-story building

of primarily brick construction containing at least 6

commercial units constructed before 1940;

(3) the premises are located in a B3-2 zoning district;

(4) the premises are less than 4,000 square feet;

(5) the church established its congregation in 1891 and

completed construction of the church building in 1990;

(6) the premises are located south of the church;

(7) the premises and church are located on the same

street and are separated by a one-way westbound street; and

(8) the principal religious leader of the church has

not indicated his or her opposition to the issuance or

renewal of the license in writing.

(ccc) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a full-service grocery store at premises located

within a municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a church and school if:

(1) as of March 14, 2007, the premises are located in a

City of Chicago Residential-Business Planned Development

No. 1052;

(2) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(3) the sale of alcoholic liquor is incidental to the

operation of a grocery store and comprises no more than 10%

of the total in-store sales;

(4) the owner and operator of the grocery store

operates at least 10 other grocery stores that have

alcoholic liquor licenses within the same municipality;

(5) the premises are new construction when the license

is first issued;

(6) the constructed premises are to be no less than

50,000 square feet;

(7) the school is a private church-affiliated school;

(8) the premises and the property containing the church

and church-affiliated school are located on perpendicular

streets and the school and church are adjacent to one

another;

(9) the pastor of the church and school has expressed,

in writing, support for the issuance of the license; and

(10) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(ddd) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church or school if:

(1) the business has been issued a license from the

municipality to allow the business to operate a theater on

the premises;

(2) the theater has less than 200 seats;

(3) the premises are approximately 2,700 to 3,100

square feet of space;

(4) the premises are located to the north of the

church;

(5) the primary entrance of the premises and the

primary entrance of any church within 100 feet of the

premises are located either on a different street or across

a right-of-way from the premises;

(6) the primary entrance of the premises and the

primary entrance of any school within 100 feet of the

premises are located either on a different street or across

a right-of-way from the premises;

(7) the premises are located in a building that is at

least 100 years old; and

(8) any church or school located within 100 feet of the

premises has indicated its support for the issuance or

renewal of the license to the premises in writing.

(eee) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church and school if:

(1) the sale of alcoholic liquor is incidental to the

sale of food;

(2) the sale of alcoholic liquor is not the principal

business carried on by the applicant on the premises;

(3) a family-owned restaurant has operated on the

premises since 1957;

(4) the premises occupy the first floor of a 3-story

building that is at least 90 years old;

(5) the distance between the property line of the

premises and the property line of the church is at least 20

feet;

(6) the church was established at its current location

and the present structure was erected before 1900;

(7) the primary entrance of the premises is at least 75

feet from the primary entrance of the church;

(8) the school is affiliated with the church;

(9) the principal religious leader at the place of

worship has indicated his or her support for the issuance

of the license in writing;

(10) the principal of the school has indicated in

writing that he or she is not opposed to the issuance of

the license; and

(11) the alderman of the ward in which the premises are

located has expressed, in writing, his or her lack of an

objection to the issuance of the license.

(fff) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the operation of a grocery store;

(3) the premises are a one-story building containing

approximately 10,000 square feet and are rented by the

owners of the grocery store;

(4) the sale of alcoholic liquor at the premises occurs

in a retail area of the grocery store that is approximately

3,500 square feet;

(5) the grocery store has operated at the location

since 1984;

(6) the grocery store is closed on Sundays;

(7) the property on which the premises are located is a

corner lot that is bound by 3 streets and an alley, where

one street is a one-way street that runs north-south, one

street runs east-west, and one street runs

northwest-southeast;

(8) the property line of the premises is approximately

16 feet from the property line of the building where the

church is located;

(9) the premises are separated from the building

containing the church by a public alley;

(10) the primary entrance of the premises and the

primary entrance of the church are at least 100 feet apart;

(11) representatives of the church have delivered a

written statement that the church does not object to the

issuance of a license under this subsection (fff); and

(12) the alderman of the ward in which the grocery

store is located has expressed, in writing, his or her

support for the issuance of the license.

(ggg) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of licenses authorizing the sale of alcoholic liquor

within a restaurant or lobby coffee house at premises located

within a municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a church and school if:

(1) a residential retirement home formerly operated on

the premises and the premises are being converted into a

new apartment living complex containing studio and

one-bedroom apartments with ground floor retail space;

(2) the restaurant and lobby coffee house are located

within a Community Shopping District within the

municipality;

(3) the premises are located in a single-building,

mixed-use complex that, in addition to the restaurant and

lobby coffee house, contains apartment residences, a

fitness center for the residents of the apartment building,

a lobby designed as a social center for the residents, a

rooftop deck, and a patio with a dog run for the exclusive

use of the residents;

(4) the sale of alcoholic liquor is not the primary

business activity of the apartment complex, restaurant, or

lobby coffee house;

(5) the entrance to the apartment residence is more

than 310 feet from the entrance to the school and church;

(6) the entrance to the apartment residence is located

at the end of the block around the corner from the south

side of the school building;

(7) the school is affiliated with the church;

(8) the pastor of the parish, principal of the school,

and the titleholder to the church and school have given

written consent to the issuance of the license;

(9) the alderman of the ward in which the premises are

located has given written consent to the issuance of the

license; and

(10) the neighborhood block club has given written

consent to the issuance of the license.

(hhh) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license to sell alcoholic liquor at premises

located within a municipality with a population in excess of

1,000,000 inhabitants and within 100 feet of a home for

indigent persons or a church if:

(1) a restaurant operates on the premises and has been

in operation since January of 2014;

(2) the sale of alcoholic liquor is incidental to the

sale of food;

(3) the sale of alcoholic liquor is not the principal

business carried on by the licensee on the premises;

(4) the premises occupy the first floor of a 3-story

building that is at least 100 years old;

(5) the primary entrance to the premises is more than

100 feet from the primary entrance to the home for indigent

persons, which opened in 1989 and is operated to address

homelessness and provide shelter;

(6) the primary entrance to the premises and the

primary entrance to the home for indigent persons are

located on different streets;

(7) the executive director of the home for indigent

persons has given written consent to the issuance of the

license;

(8) the entrance to the premises is located within 100

feet of a Buddhist temple;

(9) the entrance to the premises is more than 100 feet

from where any worship or educational programming is

conducted by the Buddhist temple and is located in an area

used only for other purposes; and

(10) the president and the board of directors of the

Buddhist temple have given written consent to the issuance

of the license.

(iii) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality in excess of

1,000,000 inhabitants and within 100 feet of a home for the

aged if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee on the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the operation of a restaurant;

(3) the premises are on the ground floor of a

multi-floor, university-affiliated housing facility;

(4) the premises occupy 1,916 square feet of space,

with the total square footage from which liquor will be

sold, served, and consumed to be 900 square feet;

(5) the premises are separated from the home for the

aged by an alley;

(6) the primary entrance to the premises and the

primary entrance to the home for the aged are at least 500

feet apart and located on different streets;

(7) representatives of the home for the aged have

expressed, in writing, that the home does not object to the

issuance of a license under this subsection; and

(8) the alderman of the ward in which the restaurant is

located has expressed, in writing, his or her support for

the issuance of the license.

(jjj) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) as of January 1, 2016, the premises were used for

the sale of alcoholic liquor for consumption on the

premises and were authorized to do so pursuant to a retail

tavern license held by an individual as the sole proprietor

of the premises;

(2) the primary entrance to the school and the primary

entrance to the premises are on the same street;

(3) the school was founded in 1949;

(4) the building in which the premises are situated was

constructed before 1930;

(5) the building in which the premises are situated is

immediately across the street from the school; and

(6) the school has not indicated its opposition to the

issuance or renewal of the license in writing.

(kkk) (Blank).

(lll) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a synagogue or school if:

(1) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(2) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(3) the premises are located on the same street on

which the synagogue or school is located;

(4) the primary entrance to the premises and the

closest entrance to the synagogue or school is at least 100

feet apart;

(5) the shortest distance between the premises and the

synagogue or school is at least 65 feet apart and no

greater than 70 feet apart;

(6) the premises are between 1,800 and 2,000 square

feet;

(7) the synagogue was founded in 1861; and

(8) the leader of the synagogue has indicated, in

writing, the synagogue's support for the issuance or

renewal of the license.

(mmm) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of licenses authorizing the sale of alcoholic liquor

within a restaurant or lobby coffee house at premises located

within a municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the sale of food in a restaurant;

(3) the restaurant has been run by the same family for

at least 19 consecutive years;

(4) the premises are located in a 3-story building in

the most easterly part of the first floor;

(5) the building in which the premises are located has

residential housing on the second and third floors;

(6) the primary entrance to the premises is on a

north-south street around the corner and across an alley

from the primary entrance to the church, which is on an

east-west street;

(7) the primary entrance to the church and the primary

entrance to the premises are more than 160 feet apart; and

(8) the church has expressed, in writing, its support

for the issuance of a license under this subsection.

(nnn) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of licenses authorizing the sale of alcoholic liquor

within a restaurant or lobby coffee house at premises located

within a municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a school and church or

synagogue if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the sale of food in a restaurant;

(3) the front door of the synagogue faces east on the

next north-south street east of and parallel to the

north-south street on which the restaurant is located where

the restaurant's front door faces west;

(4) the closest exterior pedestrian entrance that

leads to the school or the synagogue is across an east-west

street and at least 300 feet from the primary entrance to

the restaurant;

(5) the nearest church-related or school-related

building is a community center building;

(6) the restaurant is on the ground floor of a 3-story

building constructed in 1896 with a brick façade;

(7) the restaurant shares the ground floor with a

theater, and the second and third floors of the building in

which the restaurant is located consists of residential

housing;

(8) the leader of the synagogue and school has

expressed, in writing, that the synagogue does not object

to the issuance of a license under this subsection; and

(9) the alderman of the ward in which the premises is

located has expressed, in writing, his or her support for

the issuance of the license.

(ooo) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 2,000 but less than 5,000 inhabitants

in a county with a population in excess of 3,000,000 and within

100 feet of a home for the aged if:

(1) as of March 1, 2016, the premises were used to sell

alcohol pursuant to a retail tavern and packaged goods

license issued by the municipality and held by a limited

liability company as the proprietor of the premises;

(2) the home for the aged was completed in 2015;

(3) the home for the aged is a 5-story structure;

(4) the building in which the premises are situated is

directly adjacent to the home for the aged;

(5) the building in which the premises are situated was

constructed before 1950;

(6) the home for the aged has not indicated its

opposition to the issuance or renewal of the license; and

(7) the president of the municipality has expressed in

writing that he or she does not object to the issuance or

renewal of the license.

(ppp) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church or churches if:

(1) the shortest distance between the premises and a

church is at least 78 feet apart and no greater than 95

feet apart;

(2) the premises are a single-story, brick commercial

building and between 3,600 to 4,000 square feet and the

original building was built before 1922;

(3) the premises are located in a B3-2 zoning district;

(4) the premises are separated from the buildings

containing the churches by a street;

(5) the previous owners of the business located on the

premises held a liquor license for at least 10 years;

(6) the new owner of the business located on the

premises has managed 2 other food and liquor stores since

1997;

(7) the principal religious leaders at the places of

worship have indicated their support for the issuance or

renewal of the license in writing; and

(8) the alderman of the ward in which the premises are

located has indicated his or her support for the issuance

or renewal of the license in writing.

(qqq) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(2) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(3) the premises are located on the opposite side of

the same street on which the church is located;

(4) the church is located on a corner lot;

(5) the shortest distance between the premises and the

church is at least 90 feet apart and no greater than 95

feet apart;

(6) the premises are at least 3,000 but no more than

5,000 square feet;

(7) the church's original chapel was built in 1858;

(8) the church's first congregation was organized in

1860; and

(9) the leaders of the church and the alderman of the

ward in which the premises are located has expressed, in

writing, their support for the issuance of the license.

(rrr) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a restaurant or banquet facility established within

premises located within a municipality with a population in

excess of 1,000,000 inhabitants and within 100 feet of a church

or school if:

(1) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(2) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(3) the immediately prior owner or the operator of the

restaurant or banquet facility held a valid retail license

authorizing the sale of alcoholic liquor at the premises

for at least part of the 24 months before a change of

ownership;

(4) the premises are located immediately east and

across the street from an elementary school;

(5) the premises and elementary school are part of an

approximately 100-acre campus owned by the church;

(6) the school opened in 1999 and was named after the

founder of the church; and

(7) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(sss) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church or school if:

(1) the premises are at least 5,300 square feet and

located in a building that was built prior to 1940;

(2) the shortest distance between the property line of

the premises and the exterior wall of the building in which

the church is located is at least 109 feet;

(3) the distance between the building in which the

church is located and the building in which the premises

are located is at least 118 feet;

(4) the main entrance to the church faces west and is

at least 602 feet from the main entrance of the premises;

(5) the shortest distance between the property line of

the premises and the property line of the school is at

least 177 feet;

(6) the applicant has been in business for more than 10

years;

(7) the principal religious leader of the church has

indicated his or her support for the issuance or renewal of

the license in writing;

(8) the principal of the school has indicated in

writing that he or she is not opposed to the issuance of

the license; and

(9) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(ttt) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church or school if:

(1) the premises are at least 59,000 square feet and

located in a building that was built prior to 1940;

(2) the shortest distance between the west property

line of the premises and the exterior wall of the church is

at least 99 feet;

(3) the distance between the building in which the

church is located and the building in which the premises

are located is at least 102 feet;

(4) the main entrance to the church faces west and is

at least 457 feet from the main entrance of the premises;

(5) the shortest distance between the property line of

the premises and the property line of the school is at

least 66 feet;

(6) the applicant has been in business for more than 10

years;

(7) the principal religious leader of the church has

indicated his or her support for the issuance or renewal of

the license in writing;

(8) the principal of the school has indicated in

writing that he or she is not opposed to the issuance of

the license; and

(9) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(uuu) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a place of worship if:

(1) the sale of liquor is incidental to the sale of

food;

(2) the premises are at least 7,100 square feet;

(3) the shortest distance between the north property

line of the premises and the nearest exterior wall of the

place of worship is at least 86 feet;

(4) the main entrance to the place of worship faces

north and is more than 150 feet from the main entrance of

the premises;

(5) the applicant has been in business for more than 20

years at the location;

(6) the principal religious leader of the place of

worship has indicated his or her support for the issuance

or renewal of the license in writing; and

(7) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(vvv) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of 2 churches if:

(1) as of January 1, 2015, the premises were used for

the sale of alcoholic liquor for consumption on the

premises and the sale was authorized pursuant to a retail

tavern license held by an individual as the sole proprietor

of the premises;

(2) a primary entrance of the church situated to the

south of the premises is located on a street running

perpendicular to the street upon which a primary entrance

of the premises is situated;

(3) the church located to the south of the premises is

a 3-story structure that was constructed in 2006;

(4) a parking lot separates the premises from the

church located to the south of the premises;

(5) the building in which the premises are situated was

constructed before 1930;

(6) the building in which the premises are situated is

a 2-story, mixed-use commercial and residential structure

containing more than 20,000 total square feet and

containing at least 7 residential units on the second floor

and 3 commercial units on the first floor;

(7) the building in which the premises are situated is

immediately adjacent to the church located to the north of

the premises;

(8) the primary entrance of the church located to the

north of the premises and the primary entrance of the

premises are located on the same street;

(9) the churches have not indicated their opposition to

the issuance or renewal of the license in writing; and

(10) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(www) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of licenses authorizing the sale of alcoholic liquor

within a restaurant at premises located within a municipality

with a population in excess of 1,000,000 inhabitants and within

100 feet of a school if:

(1) the sale of alcoholic liquor is incidental to the

sale of food and is not the principal business of the

restaurant;

(2) the building in which the restaurant is located was

constructed in 1909 and is a 2-story structure;

(3) the restaurant has been operating continuously

since 1962, has been located at the existing premises since

1989, and has been owned and operated by the same family,

which also operates a deli in a building located

immediately to the east and adjacent and connected to the

restaurant;

(4) the entrance to the restaurant is more than 200

feet from the entrance to the school;

(5) the building in which the restaurant is located and

the building in which the school is located are separated

by a traffic-congested major street;

(6) the building in which the restaurant is located

faces a public park located to the east of the school,

cannot be seen from the windows of the school, and is not

directly across the street from the school;

(7) the school building is located 2 blocks from a

major private university;

(8) the school is a public school that has

pre-kindergarten through eighth grade classes, is an open

enrollment school, and has a preschool program that has

earned a Gold Circle of Quality award;

(9) the local school council has given written consent

for the issuance of the liquor license; and

(10) the alderman of the ward in which the premises are

located has given written consent for the issuance of the

liquor license.

(xxx) (Blank).

(yyy) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a store that is located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the premises are primarily used for the sale of

alcoholic liquor;

(2) on January 1, 2017, the store was authorized to

sell alcoholic liquor pursuant to a package goods liquor

license;

(3) on January 1, 2017, the store occupied

approximately 5,560 square feet and will be expanded to

include 440 additional square feet for the purpose of

storage;

(4) the store was in existence before the church;

(5) the building in which the store is located was

built in 1956 and is immediately south of the church;

(6) the store and church are separated by an east-west

street;

(7) the owner of the store received his first liquor

license in 1986;

(8) the church has not indicated its opposition to the

issuance or renewal of the license in writing; and

(9) the alderman of the ward in which the store is

located has expressed his or her support for the issuance

or renewal of the license.

(zzz) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the premises are approximately 2,800 square feet

with east frontage on South Allport Street and north

frontage on West 18th Street in the City of Chicago;

(2) the shortest distance between the north property

line of the premises and the nearest exterior wall of the

church is 95 feet;

(3) the main entrance to the church is on West 18th

Street, faces south, and is more than 100 feet from the

main entrance to the premises;

(4) the sale of alcoholic liquor is incidental to the

sale of food in a restaurant;

(5) the principal religious leader of the church has

not indicated his or her opposition to the issuance or

renewal of the license in writing; and

(6) the alderman of the ward in which the premises are

located has indicated his or her support for the issuance

or renewal of the license in writing.

(aaaa) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the shortest distance between the premises and the

church is at least 65 feet apart and no greater than 70

feet apart;

(2) the premises are located on the ground floor of a

freestanding, 3-story building of brick construction with

2 stories of residential apartments above the premises;

(3) the premises are approximately 2,557 square feet;

(4) the premises and the church are located on opposite

corners and are separated by sidewalks and a street;

(5) the sale of alcohol is not the principal business

carried on by the licensee at the premises;

(6) the pastor of the church has not indicated his or

her opposition to the issuance or renewal of the license in

writing; and

(7) the alderman of the ward in which the premises are

located has not indicated his or her opposition to the

issuance or renewal of the license in writing.

(bbbb) Notwithstanding any other provision of this Section

to the contrary, nothing in this Section shall prohibit the

issuance or renewal of a license authorizing the sale of

alcoholic liquor at premises or an outdoor location at the

premises located within a municipality with a population in

excess of 1,000,000 inhabitants and that are within 100 feet of

a church or school if:

(1) the church was a Catholic cathedral on January 1,

2018;

(2) the church has been in existence for at least 150

years;

(3) the school is affiliated with the church;

(4) the premises are bordered by State Street on the

east, Superior Street on the south, Dearborn Street on the

west, and Chicago Avenue on the north;

(5) the premises are located within 2 miles of Lake

Michigan and the Chicago River;

(6) the premises are located in and adjacent to a

building for which construction commenced after January 1,

2018;

(7) the alderman who represents the district in which

the premises are located has written a letter of support

for the issuance of a license; and

(8) the principal religious leader of the church and

the principal of the school have both signed a letter of

support for the issuance of a license.

(cccc) Notwithstanding any other provision of this Section

to the contrary, nothing in this Section shall prohibit the

issuance or renewal of a license authorizing the sale of

alcoholic liquor within a restaurant at premises located within

a municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a school if:

(1) the sale of alcoholic liquor is incidental to the

sale of food and is not the principal business of the

restaurant;

(2) the building in which the restaurant is located was

constructed in 1912 and is a 3-story structure;

(3) the restaurant has been in operation since 2015 and

its entrance faces North Western Avenue;

(4) the entrance to the school faces West Augusta

Boulevard;

(5) the entrance to the restaurant is more than 100

feet from the entrance to the school;

(6) the school is a Catholic school affiliated with the

nearby Catholic Parish church;

(7) the building in which the restaurant is located and

the building in which the school is located are separated

by an alley;

(8) the principal of the school has not indicated his

or her opposition to the issuance or renewal of the license

in writing; and

(9) the alderman of the ward in which the restaurant is

located has expressed his or her support for the issuance

or renewal of the license.

(dddd) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the premises are approximately 6,250 square feet

with south frontage on Bryn Mawr Avenue and north frontage

on the alley 125 feet north of Bryn Mawr Avenue in the City

of Chicago;

(2) the shortest distance between the south property

line of the premises and the nearest exterior wall of the

school is 248 feet;

(3) the main entrance to the school is on Christiana

Avenue, faces east, and is more than 100 feet from the main

entrance to the premises;

(4) the sale of alcoholic liquor is incidental to the

sale of food in a restaurant;

(5) the principal of the school has not indicated his

or her opposition to the issuance or renewal of the license

in writing; and

(6) the alderman of the ward in which the premises are

located has indicated his or her support for the issuance

or renewal of the license in writing.

(eeee) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the premises are approximately 2,300 square feet

with south frontage on 53rd Street in the City of Chicago

and the eastern property line of the premises abuts a

private alleyway;

(2) the shortest distance between the south property

line of the premises and the nearest exterior wall of the

school is approximately 187 feet;

(3) the main entrance to the school is on Cornell

Avenue, faces west, and is more than 100 feet from the main

entrance to the premises;

(4) the sale of alcoholic liquor is incidental to the

sale of food in a restaurant;

(5) the principal of the school has not indicated his

or her opposition to the issuance or renewal of the license

in writing; and

(6) the alderman of the ward in which the premises are

located has indicated his or her support for the issuance

or renewal of the license in writing.

(Source: P.A. 99-46, eff. 7-15-15; 99-47, eff. 7-15-15; 99-477,

eff. 8-27-15; 99-484, eff. 10-30-15; 99-558, eff. 7-15-16;

99-642, eff. 7-28-16; 99-936, eff. 2-24-17; 100-36, eff.

8-4-17; 100-38, eff. 8-4-17; 100-201, eff. 8-18-17; 100-579,

eff. 2-13-18; 100-663, eff. 8-2-18; 100-863, eff. 8-14-18;

100-1036, eff. 8-22-18; revised 10-24-18.)

Section 565. The Illinois Public Aid Code is amended by

changing Sections 5-4.2, 5-5.02, 5-5.25, 5-16.8, 5A-15, 9A-11,

12-4.51, and 14-12 and by setting forth, renumbering, and

changing multiple versions of Sections 5-30.6 and 5-30.8 as

follows:

(305 ILCS 5/5-4.2) (from Ch. 23, par. 5-4.2)

Sec. 5-4.2. Ambulance services payments.

(a) For ambulance services provided to a recipient of aid

under this Article on or after January 1, 1993, the Illinois

Department shall reimburse ambulance service providers at

rates calculated in accordance with this Section. It is the

intent of the General Assembly to provide adequate

reimbursement for ambulance services so as to ensure adequate

access to services for recipients of aid under this Article and

to provide appropriate incentives to ambulance service

providers to provide services in an efficient and

cost-effective manner. Thus, it is the intent of the General

Assembly that the Illinois Department implement a

reimbursement system for ambulance services that, to the extent

practicable and subject to the availability of funds

appropriated by the General Assembly for this purpose, is

consistent with the payment principles of Medicare. To ensure

uniformity between the payment principles of Medicare and

Medicaid, the Illinois Department shall follow, to the extent

necessary and practicable and subject to the availability of

funds appropriated by the General Assembly for this purpose,

the statutes, laws, regulations, policies, procedures,

principles, definitions, guidelines, and manuals used to

determine the amounts paid to ambulance service providers under

Title XVIII of the Social Security Act (Medicare).

(b) For ambulance services provided to a recipient of aid

under this Article on or after January 1, 1996, the Illinois

Department shall reimburse ambulance service providers based

upon the actual distance traveled if a natural disaster,

weather conditions, road repairs, or traffic congestion

necessitates the use of a route other than the most direct

route.

(c) For purposes of this Section, "ambulance services"

includes medical transportation services provided by means of

an ambulance, medi-car, service car, or taxi.

(c-1) For purposes of this Section, "ground ambulance

service" means medical transportation services that are

described as ground ambulance services by the Centers for

Medicare and Medicaid Services and provided in a vehicle that

is licensed as an ambulance by the Illinois Department of

Public Health pursuant to the Emergency Medical Services (EMS)

Systems Act.

(c-2) For purposes of this Section, "ground ambulance

service provider" means a vehicle service provider as described

in the Emergency Medical Services (EMS) Systems Act that

operates licensed ambulances for the purpose of providing

emergency ambulance services, or non-emergency ambulance

services, or both. For purposes of this Section, this includes

both ambulance providers and ambulance suppliers as described

by the Centers for Medicare and Medicaid Services.

(c-3) For purposes of this Section, "medi-car" means

transportation services provided to a patient who is confined

to a wheelchair and requires the use of a hydraulic or electric

lift or ramp and wheelchair lockdown when the patient's

condition does not require medical observation, medical

supervision, medical equipment, the administration of

medications, or the administration of oxygen.

(c-4) For purposes of this Section, "service car" means

transportation services provided to a patient by a passenger

vehicle where that patient does not require the specialized

modes described in subsection (c-1) or (c-3).

(d) This Section does not prohibit separate billing by

ambulance service providers for oxygen furnished while

providing advanced life support services.

(e) Beginning with services rendered on or after July 1,

2008, all providers of non-emergency medi-car and service car

transportation must certify that the driver and employee

attendant, as applicable, have completed a safety program

approved by the Department to protect both the patient and the

driver, prior to transporting a patient. The provider must

maintain this certification in its records. The provider shall

produce such documentation upon demand by the Department or its

representative. Failure to produce documentation of such

training shall result in recovery of any payments made by the

Department for services rendered by a non-certified driver or

employee attendant. Medi-car and service car providers must

maintain legible documentation in their records of the driver

and, as applicable, employee attendant that actually

transported the patient. Providers must recertify all drivers

and employee attendants every 3 years.

Notwithstanding the requirements above, any public

transportation provider of medi-car and service car

transportation that receives federal funding under 49 U.S.C.

5307 and 5311 need not certify its drivers and employee

attendants under this Section, since safety training is already

federally mandated.

(f) With respect to any policy or program administered by

the Department or its agent regarding approval of non-emergency

medical transportation by ground ambulance service providers,

including, but not limited to, the Non-Emergency

Transportation Services Prior Approval Program (NETSPAP), the

Department shall establish by rule a process by which ground

ambulance service providers of non-emergency medical

transportation may appeal any decision by the Department or its

agent for which no denial was received prior to the time of

transport that either (i) denies a request for approval for

payment of non-emergency transportation by means of ground

ambulance service or (ii) grants a request for approval of

non-emergency transportation by means of ground ambulance

service at a level of service that entitles the ground

ambulance service provider to a lower level of compensation

from the Department than the ground ambulance service provider

would have received as compensation for the level of service

requested. The rule shall be filed by December 15, 2012 and

shall provide that, for any decision rendered by the Department

or its agent on or after the date the rule takes effect, the

ground ambulance service provider shall have 60 days from the

date the decision is received to file an appeal. The rule

established by the Department shall be, insofar as is

practical, consistent with the Illinois Administrative

Procedure Act. The Director's decision on an appeal under this

Section shall be a final administrative decision subject to

review under the Administrative Review Law.

(f-5) Beginning 90 days after July 20, 2012 (the effective

date of Public Act 97-842), (i) no denial of a request for

approval for payment of non-emergency transportation by means

of ground ambulance service, and (ii) no approval of

non-emergency transportation by means of ground ambulance

service at a level of service that entitles the ground

ambulance service provider to a lower level of compensation

from the Department than would have been received at the level

of service submitted by the ground ambulance service provider,

may be issued by the Department or its agent unless the

Department has submitted the criteria for determining the

appropriateness of the transport for first notice publication

in the Illinois Register pursuant to Section 5-40 of the

Illinois Administrative Procedure Act.

(g) Whenever a patient covered by a medical assistance

program under this Code or by another medical program

administered by the Department, including a patient covered

under the State's Medicaid managed care program, is being

transported from a facility and requires non-emergency

transportation including ground ambulance, medi-car, or

service car transportation, a Physician Certification

Statement as described in this Section shall be required for

each patient. Facilities shall develop procedures for a

licensed medical professional to provide a written and signed

Physician Certification Statement. The Physician Certification

Statement shall specify the level of transportation services

needed and complete a medical certification establishing the

criteria for approval of non-emergency ambulance

transportation, as published by the Department of Healthcare

and Family Services, that is met by the patient. This

certification shall be completed prior to ordering the

transportation service and prior to patient discharge. The

Physician Certification Statement is not required prior to

transport if a delay in transport can be expected to negatively

affect the patient outcome.

The medical certification specifying the level and type of

non-emergency transportation needed shall be in the form of the

Physician Certification Statement on a standardized form

prescribed by the Department of Healthcare and Family Services.

Within 75 days after July 27, 2018 (the effective date of

Public Act 100-646) this amendatory Act of the 100th General

Assembly, the Department of Healthcare and Family Services

shall develop a standardized form of the Physician

Certification Statement specifying the level and type of

transportation services needed in consultation with the

Department of Public Health, Medicaid managed care

organizations, a statewide association representing ambulance

providers, a statewide association representing hospitals, 3

statewide associations representing nursing homes, and other

stakeholders. The Physician Certification Statement shall

include, but is not limited to, the criteria necessary to

demonstrate medical necessity for the level of transport needed

as required by (i) the Department of Healthcare and Family

Services and (ii) the federal Centers for Medicare and Medicaid

Services as outlined in the Centers for Medicare and Medicaid

Services' Medicare Benefit Policy Manual, Pub. 100-02, Chap.

10, Sec. 10.2.1, et seq. The use of the Physician Certification

Statement shall satisfy the obligations of hospitals under

Section 6.22 of the Hospital Licensing Act and nursing homes

under Section 2-217 of the Nursing Home Care Act.

Implementation and acceptance of the Physician Certification

Statement shall take place no later than 90 days after the

issuance of the Physician Certification Statement by the

Department of Healthcare and Family Services.

Pursuant to subsection (E) of Section 12-4.25 of this Code,

the Department is entitled to recover overpayments paid to a

provider or vendor, including, but not limited to, from the

discharging physician, the discharging facility, and the

ground ambulance service provider, in instances where a

non-emergency ground ambulance service is rendered as the

result of improper or false certification.

Beginning October 1, 2018, the Department of Healthcare and

Family Services shall collect data from Medicaid managed care

organizations and transportation brokers, including the

Department's NETSPAP broker, regarding denials and appeals

related to the missing or incomplete Physician Certification

Statement forms and overall compliance with this subsection.

The Department of Healthcare and Family Services shall publish

quarterly results on its website within 15 days following the

end of each quarter.

(h) On and after July 1, 2012, the Department shall reduce

any rate of reimbursement for services or other payments or

alter any methodologies authorized by this Code to reduce any

rate of reimbursement for services or other payments in

accordance with Section 5-5e.

(i) On and after July 1, 2018, the Department shall

increase the base rate of reimbursement for both base charges

and mileage charges for ground ambulance service providers for

medical transportation services provided by means of a ground

ambulance to a level not lower than 112% of the base rate in

effect as of June 30, 2018.

(Source: P.A. 100-587, eff. 6-4-18; 100-646, eff. 7-27-18;

revised 8-27-18.)

(305 ILCS 5/5-5.02) (from Ch. 23, par. 5-5.02)

Sec. 5-5.02. Hospital reimbursements.

(a) Reimbursement to hospitals; July 1, 1992 through

September 30, 1992. Notwithstanding any other provisions of

this Code or the Illinois Department's Rules promulgated under

the Illinois Administrative Procedure Act, reimbursement to

hospitals for services provided during the period July 1, 1992

through September 30, 1992, shall be as follows:

(1) For inpatient hospital services rendered, or if

applicable, for inpatient hospital discharges occurring,

on or after July 1, 1992 and on or before September 30,

1992, the Illinois Department shall reimburse hospitals

for inpatient services under the reimbursement

methodologies in effect for each hospital, and at the

inpatient payment rate calculated for each hospital, as of

June 30, 1992. For purposes of this paragraph,

"reimbursement methodologies" means all reimbursement

methodologies that pertain to the provision of inpatient

hospital services, including, but not limited to, any

adjustments for disproportionate share, targeted access,

critical care access and uncompensated care, as defined by

the Illinois Department on June 30, 1992.

(2) For the purpose of calculating the inpatient

payment rate for each hospital eligible to receive

quarterly adjustment payments for targeted access and

critical care, as defined by the Illinois Department on

June 30, 1992, the adjustment payment for the period July

1, 1992 through September 30, 1992, shall be 25% of the

annual adjustment payments calculated for each eligible

hospital, as of June 30, 1992. The Illinois Department

shall determine by rule the adjustment payments for

targeted access and critical care beginning October 1,

1992.

(3) For the purpose of calculating the inpatient

payment rate for each hospital eligible to receive

quarterly adjustment payments for uncompensated care, as

defined by the Illinois Department on June 30, 1992, the

adjustment payment for the period August 1, 1992 through

September 30, 1992, shall be one-sixth of the total

uncompensated care adjustment payments calculated for each

eligible hospital for the uncompensated care rate year, as

defined by the Illinois Department, ending on July 31,

1992. The Illinois Department shall determine by rule the

adjustment payments for uncompensated care beginning

October 1, 1992.

(b) Inpatient payments. For inpatient services provided on

or after October 1, 1993, in addition to rates paid for

hospital inpatient services pursuant to the Illinois Health

Finance Reform Act, as now or hereafter amended, or the

Illinois Department's prospective reimbursement methodology,

or any other methodology used by the Illinois Department for

inpatient services, the Illinois Department shall make

adjustment payments, in an amount calculated pursuant to the

methodology described in paragraph (c) of this Section, to

hospitals that the Illinois Department determines satisfy any

one of the following requirements:

(1) Hospitals that are described in Section 1923 of the

federal Social Security Act, as now or hereafter amended,

except that for rate year 2015 and after a hospital

described in Section 1923(b)(1)(B) of the federal Social

Security Act and qualified for the payments described in

subsection (c) of this Section for rate year 2014 provided

the hospital continues to meet the description in Section

1923(b)(1)(B) in the current determination year; or

(2) Illinois hospitals that have a Medicaid inpatient

utilization rate which is at least one-half a standard

deviation above the mean Medicaid inpatient utilization

rate for all hospitals in Illinois receiving Medicaid

payments from the Illinois Department; or

(3) Illinois hospitals that on July 1, 1991 had a

Medicaid inpatient utilization rate, as defined in

paragraph (h) of this Section, that was at least the mean

Medicaid inpatient utilization rate for all hospitals in

Illinois receiving Medicaid payments from the Illinois

Department and which were located in a planning area with

one-third or fewer excess beds as determined by the Health

Facilities and Services Review Board, and that, as of June

30, 1992, were located in a federally designated Health

Manpower Shortage Area; or

(4) Illinois hospitals that:

(A) have a Medicaid inpatient utilization rate

that is at least equal to the mean Medicaid inpatient

utilization rate for all hospitals in Illinois

receiving Medicaid payments from the Department; and

(B) also have a Medicaid obstetrical inpatient

utilization rate that is at least one standard

deviation above the mean Medicaid obstetrical

inpatient utilization rate for all hospitals in

Illinois receiving Medicaid payments from the

Department for obstetrical services; or

(5) Any children's hospital, which means a hospital

devoted exclusively to caring for children. A hospital

which includes a facility devoted exclusively to caring for

children shall be considered a children's hospital to the

degree that the hospital's Medicaid care is provided to

children if either (i) the facility devoted exclusively to

caring for children is separately licensed as a hospital by

a municipality prior to February 28, 2013; (ii) the

hospital has been designated by the State as a Level III

perinatal care facility, has a Medicaid Inpatient

Utilization rate greater than 55% for the rate year 2003

disproportionate share determination, and has more than

10,000 qualified children days as defined by the Department

in rulemaking; (iii) the hospital has been designated as a

Perinatal Level III center by the State as of December 1,

2017, is a Pediatric Critical Care Center designated by the

State as of December 1, 2017 and has a 2017 Medicaid

inpatient utilization rate equal to or greater than 45%; or

(iv) the hospital has been designated as a Perinatal Level

II center by the State as of December 1, 2017, has a 2017

Medicaid Inpatient Utilization Rate greater than 70%, and

has at least 10 pediatric beds as listed on the IDPH 2015

calendar year hospital profile.

(c) Inpatient adjustment payments. The adjustment payments

required by paragraph (b) shall be calculated based upon the

hospital's Medicaid inpatient utilization rate as follows:

(1) hospitals with a Medicaid inpatient utilization

rate below the mean shall receive a per day adjustment

payment equal to $25;

(2) hospitals with a Medicaid inpatient utilization

rate that is equal to or greater than the mean Medicaid

inpatient utilization rate but less than one standard

deviation above the mean Medicaid inpatient utilization

rate shall receive a per day adjustment payment equal to

the sum of $25 plus $1 for each one percent that the

hospital's Medicaid inpatient utilization rate exceeds the

mean Medicaid inpatient utilization rate;

(3) hospitals with a Medicaid inpatient utilization

rate that is equal to or greater than one standard

deviation above the mean Medicaid inpatient utilization

rate but less than 1.5 standard deviations above the mean

Medicaid inpatient utilization rate shall receive a per day

adjustment payment equal to the sum of $40 plus $7 for each

one percent that the hospital's Medicaid inpatient

utilization rate exceeds one standard deviation above the

mean Medicaid inpatient utilization rate; and

(4) hospitals with a Medicaid inpatient utilization

rate that is equal to or greater than 1.5 standard

deviations above the mean Medicaid inpatient utilization

rate shall receive a per day adjustment payment equal to

the sum of $90 plus $2 for each one percent that the

hospital's Medicaid inpatient utilization rate exceeds 1.5

standard deviations above the mean Medicaid inpatient

utilization rate.

(d) Supplemental adjustment payments. In addition to the

adjustment payments described in paragraph (c), hospitals as

defined in clauses (1) through (5) of paragraph (b), excluding

county hospitals (as defined in subsection (c) of Section 15-1

of this Code) and a hospital organized under the University of

Illinois Hospital Act, shall be paid supplemental inpatient

adjustment payments of $60 per day. For purposes of Title XIX

of the federal Social Security Act, these supplemental

adjustment payments shall not be classified as adjustment

payments to disproportionate share hospitals.

(e) The inpatient adjustment payments described in

paragraphs (c) and (d) shall be increased on October 1, 1993

and annually thereafter by a percentage equal to the lesser of

(i) the increase in the DRI hospital cost index for the most

recent 12 month period for which data are available, or (ii)

the percentage increase in the statewide average hospital

payment rate over the previous year's statewide average

hospital payment rate. The sum of the inpatient adjustment

payments under paragraphs (c) and (d) to a hospital, other than

a county hospital (as defined in subsection (c) of Section 15-1

of this Code) or a hospital organized under the University of

Illinois Hospital Act, however, shall not exceed $275 per day;

that limit shall be increased on October 1, 1993 and annually

thereafter by a percentage equal to the lesser of (i) the

increase in the DRI hospital cost index for the most recent

12-month period for which data are available or (ii) the

percentage increase in the statewide average hospital payment

rate over the previous year's statewide average hospital

payment rate.

(f) Children's hospital inpatient adjustment payments. For

children's hospitals, as defined in clause (5) of paragraph

(b), the adjustment payments required pursuant to paragraphs

(c) and (d) shall be multiplied by 2.0.

(g) County hospital inpatient adjustment payments. For

county hospitals, as defined in subsection (c) of Section 15-1

of this Code, there shall be an adjustment payment as

determined by rules issued by the Illinois Department.

(h) For the purposes of this Section the following terms

shall be defined as follows:

(1) "Medicaid inpatient utilization rate" means a

fraction, the numerator of which is the number of a

hospital's inpatient days provided in a given 12-month

period to patients who, for such days, were eligible for

Medicaid under Title XIX of the federal Social Security

Act, and the denominator of which is the total number of

the hospital's inpatient days in that same period.

(2) "Mean Medicaid inpatient utilization rate" means

the total number of Medicaid inpatient days provided by all

Illinois Medicaid-participating hospitals divided by the

total number of inpatient days provided by those same

hospitals.

(3) "Medicaid obstetrical inpatient utilization rate"

means the ratio of Medicaid obstetrical inpatient days to

total Medicaid inpatient days for all Illinois hospitals

receiving Medicaid payments from the Illinois Department.

(i) Inpatient adjustment payment limit. In order to meet

the limits of Public Law 102-234 and Public Law 103-66, the

Illinois Department shall by rule adjust disproportionate

share adjustment payments.

(j) University of Illinois Hospital inpatient adjustment

payments. For hospitals organized under the University of

Illinois Hospital Act, there shall be an adjustment payment as

determined by rules adopted by the Illinois Department.

(k) The Illinois Department may by rule establish criteria

for and develop methodologies for adjustment payments to

hospitals participating under this Article.

(l) On and after July 1, 2012, the Department shall reduce

any rate of reimbursement for services or other payments or

alter any methodologies authorized by this Code to reduce any

rate of reimbursement for services or other payments in

accordance with Section 5-5e.

(m) The Department shall establish a cost-based

reimbursement methodology for determining payments to

hospitals for approved graduate medical education (GME)

programs for dates of service on and after July 1, 2018.

(1) As used in this subsection, "hospitals" means the

University of Illinois Hospital as defined in the

University of Illinois Hospital Act and a county hospital

in a county of over 3,000,000 inhabitants.

(2) An amendment to the Illinois Title XIX State Plan

defining GME shall maximize reimbursement, shall not be

limited to the education programs or special patient care

payments allowed under Medicare, and shall include:

(A) inpatient days;

(B) outpatient days;

(C) direct costs;

(D) indirect costs;

(E) managed care days;

(F) all stages of medical training and education

including students, interns, residents, and fellows

with no caps on the number of persons who may qualify;

and

(G) patient care payments related to the

complexities of treating Medicaid enrollees including

clinical and social determinants of health.

(3) The Department shall make all GME payments directly

to hospitals including such costs in support of clients

enrolled in Medicaid managed care entities.

(4) The Department shall promptly take all actions

necessary for reimbursement to be effective for dates of

service on and after July 1, 2018 including publishing all

appropriate public notices, amendments to the Illinois

Title XIX State Plan, and adoption of administrative rules

if necessary.

(5) As used in this subsection, "managed care days"

means costs associated with services rendered to enrollees

of Medicaid managed care entities. "Medicaid managed care

entities" means any entity which contracts with the

Department to provide services paid for on a capitated

basis. "Medicaid managed care entities" includes a managed

care organization and a managed care community network.

(6) All payments under this Section are contingent upon

federal approval of changes to the Illinois Title XIX State

Plan, if that approval is required.

(7) The Department may adopt rules necessary to

implement Public Act 100-581 this amendatory Act of the

100th General Assembly through the use of emergency

rulemaking in accordance with subsection (aa) of Section

5-45 of the Illinois Administrative Procedure Act. For

purposes of that Act, the General Assembly finds that the

adoption of rules to implement Public Act 100-581 this

amendatory Act of the 100th General Assembly is deemed an

emergency and necessary for the public interest, safety,

and welfare.

(Source: P.A. 100-580, eff. 3-12-18; 100-581, eff. 3-12-18;

revised 3-13-18.)

(305 ILCS 5/5-5.25)

Sec. 5-5.25. Access to behavioral health and medical

services.

(a) The General Assembly finds that providing access to

behavioral health and medical services in a timely manner will

improve the quality of life for persons suffering from illness

and will contain health care costs by avoiding the need for

more costly inpatient hospitalization.

(b) The Department of Healthcare and Family Services shall

reimburse psychiatrists, federally qualified health centers as

defined in Section 1905(l)(2)(B) of the federal Social Security

Act, clinical psychologists, clinical social workers, advanced

practice registered nurses certified in psychiatric and mental

health nursing, and mental health professionals and clinicians

authorized by Illinois law to provide behavioral health

services and advanced practice registered nurses certified in

psychiatric and mental health nursing to recipients via

telehealth. The Department, by rule, shall establish: (i)

criteria for such services to be reimbursed, including

appropriate facilities and equipment to be used at both sites

and requirements for a physician or other licensed health care

professional to be present at the site where the patient is

located; however, the Department shall not require that a

physician or other licensed health care professional be

physically present in the same room as the patient for the

entire time during which the patient is receiving telehealth

services; and (ii) a method to reimburse providers for mental

health services provided by telehealth.

(c) The Department shall reimburse any Medicaid certified

eligible facility or provider organization that acts as the

location of the patient at the time a telehealth service is

rendered, including substance abuse centers licensed by the

Department of Human Services' Division of Alcoholism and

Substance Abuse.

(d) On and after July 1, 2012, the Department shall reduce

any rate of reimbursement for services or other payments or

alter any methodologies authorized by this Code to reduce any

rate of reimbursement for services or other payments in

accordance with Section 5-5e.

(Source: P.A. 100-385, eff. 1-1-18; 100-790, eff. 8-10-18;

100-1019, eff. 1-1-19; revised 10-3-18.)

(305 ILCS 5/5-16.8)

Sec. 5-16.8. Required health benefits. The medical

assistance program shall (i) provide the post-mastectomy care

benefits required to be covered by a policy of accident and

health insurance under Section 356t and the coverage required

under Sections 356g.5, 356u, 356w, 356x, 356z.6, 356z.26, and

356z.29, and 356z.32 of the Illinois Insurance Code and (ii) be

subject to the provisions of Sections 356z.19, 364.01, 370c,

and 370c.1 of the Illinois Insurance Code.

On and after July 1, 2012, the Department shall reduce any

rate of reimbursement for services or other payments or alter

any methodologies authorized by this Code to reduce any rate of

reimbursement for services or other payments in accordance with

Section 5-5e.

To ensure full access to the benefits set forth in this

Section, on and after January 1, 2016, the Department shall

ensure that provider and hospital reimbursement for

post-mastectomy care benefits required under this Section are

no lower than the Medicare reimbursement rate.

(Source: P.A. 99-433, eff. 8-21-15; 99-480, eff. 9-9-15;

99-642, eff. 7-28-16; 100-138, eff. 8-18-17; 100-863, eff.

8-14-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised

10-4-18.)

(305 ILCS 5/5-30.6)

Sec. 5-30.6. Managed care organization contracts

procurement requirement. Beginning on March 12, 2018 (the

effective date of Public Act 100-580) this amendatory Act of

the 100th General Assembly, any new contract between the

Department and a managed care organization as defined in

Section 5-30.1 shall be procured in accordance with the

Illinois Procurement Code.

(a) Application.

(1) This Section does not apply to the State of

Illinois Medicaid Managed Care Organization Request for

Proposals (2018-24-001) or any agreement, regardless of

what it may be called, related to or arising from this

procurement, including, but not limited to, contracts,

renewals, renegotiated contracts, amendments, and change

orders.

(2) This Section does not apply to Medicare-Medicaid

Alignment Initiative contracts executed under Article V-F

of this Code.

(b) In the event any provision of this Section or of the

Illinois Procurement Code is inconsistent with applicable

federal law or would have the effect of foreclosing the use,

potential use, or receipt of federal financial participation,

the applicable federal law or funding condition shall prevail,

but only to the extent of such inconsistency.

(Source: P.A. 100-580, eff. 3-12-18; revised 10-22-18.)

(305 ILCS 5/5-30.8)

Sec. 5-30.8. Managed care organization rate transparency.

(a) For the establishment of managed care organization

(MCO) capitation base rate payments from the State, including,

but not limited to: (i) hospital fee schedule reforms and

updates, (ii) rates related to a single State-mandated

preferred drug list, (iii) rate updates related to the State's

preferred drug list, (iv) inclusion of coverage for children

with special needs, (v) inclusion of coverage for children

within the child welfare system, (vi) annual MCO capitation

rates, and (vii) any retroactive provider fee schedule

adjustments or other changes required by legislation or other

actions, the Department of Healthcare and Family Services shall

implement a capitation base rate setting process beginning on

July 27, 2018 (the effective date of Public Act 100-646) this

amendatory Act of the 100th General Assembly which shall

include all of the following elements of transparency:

(1) The Department shall include participating MCOs

and a statewide trade association representing a majority

of participating MCOs in meetings to discuss the impact to

base capitation rates as a result of any new or updated

hospital fee schedules or other provider fee schedules.

Additionally, the Department shall share any data or

reports used to develop MCO capitation rates with

participating MCOs. This data shall be comprehensive

enough for MCO actuaries to recreate and verify the

accuracy of the capitation base rate build-up.

(2) The Department shall not limit the number of

experts that each MCO is allowed to bring to the draft

capitation base rate meeting or the final capitation base

rate review meeting. Draft and final capitation base rate

review meetings shall be held in at least 2 locations.

(3) The Department and its contracted actuary shall

meet with all participating MCOs simultaneously and

together along with consulting actuaries contracted with

statewide trade association representing a majority of

Medicaid health plans at the request of the plans.

Participating MCOs shall additionally, at their request,

be granted individual capitation rate development meetings

with the Department.

(4) Any quality incentive or other incentive

withholding of any portion of the actuarially certified

capitation rates must be budget-neutral. The entirety of

any aggregate withheld amounts must be returned to the MCOs

in proportion to their performance on the relevant

performance metric. No amounts shall be returned to the

Department if all performance measures are not achieved to

the extent allowable by federal law and regulations.

(5) Upon request, the Department shall provide written

responses to questions regarding MCO capitation base

rates, the capitation base development methodology, and

MCO capitation rate data, and all other requests regarding

capitation rates from MCOs. Upon request, the Department

shall also provide to the MCOs materials used in

incorporating provider fee schedules into base capitation

rates.

(b) For the development of capitation base rates for new

capitation rate years:

(1) The Department shall take into account emerging

experience in the development of the annual MCO capitation

base rates, including, but not limited to, current-year

cost and utilization trends observed by MCOs in an

actuarially sound manner and in accordance with federal law

and regulations.

(2) No later than January 1 of each year, the

Department shall release an agreed upon annual calendar

that outlines dates for capitation rate setting meetings

for that year. The calendar shall include at least the

following meetings and deadlines:

(A) An initial meeting for the Department to review

MCO data and draft rate assumptions to be used in the

development of capitation base rates for the following

year.

(B) A draft rate meeting after the Department

provides the MCOs with the draft capitation base rates

to discuss, review, and seek feedback regarding the

draft capitation base rates.

(3) Prior to the submission of final capitation rates

to the federal Centers for Medicare and Medicaid Services,

the Department shall provide the MCOs with a final

actuarial report including the final capitation base rates

for the following year and subsequently conduct a final

capitation base review meeting. Final capitation rates

shall be marked final.

(c) For the development of capitation base rates reflecting

policy changes:

(1) Unless contrary to federal law and regulation, the

Department must provide notice to MCOs of any significant

operational policy change no later than 60 days prior to

the effective date of an operational policy change in order

to give MCOs time to prepare for and implement the

operational policy change and to ensure that the quality

and delivery of enrollee health care is not disrupted.

"Operational policy change" means a change to operational

requirements such as reporting formats, encounter

submission definitional changes, or required provider

interfaces made at the sole discretion of the Department

and not required by legislation with a retroactive

effective date. Nothing in this Section shall be construed

as a requirement to delay or prohibit implementation of

policy changes that impact enrollee benefits as determined

in the sole discretion of the Department.

(2) No later than 60 days after the effective date of

the policy change or program implementation, the

Department shall meet with the MCOs regarding the initial

data collection needed to establish capitation base rates

for the policy change. Additionally, the Department shall

share with the participating MCOs what other data is needed

to estimate the change and the processes for collection of

that data that shall be utilized to develop capitation base

rates.

(3) No later than 60 days after the effective date of

the policy change or program implementation, the

Department shall meet with MCOs to review data and the

Department's written draft assumptions to be used in

development of capitation base rates for the policy change,

and shall provide opportunities for questions to be asked

and answered.

(4) No later than 60 days after the effective date of

the policy change or program implementation, the

Department shall provide the MCOs with draft capitation

base rates and shall also conduct a draft capitation base

rate meeting with MCOs to discuss, review, and seek

feedback regarding the draft capitation base rates.

(d) For the development of capitation base rates for

retroactive policy or fee schedule changes:

(1) The Department shall meet with the MCOs regarding

the initial data collection needed to establish capitation

base rates for the policy change. Additionally, the

Department shall share with the participating MCOs what

other data is needed to estimate the change and the

processes for collection of the data that shall be utilized

to develop capitation base rates.

(2) The Department shall meet with MCOs to review data

and the Department's written draft assumptions to be used

in development of capitation base rates for the policy

change. The Department shall provide opportunities for

questions to be asked and answered.

(3) The Department shall provide the MCOs with draft

capitation rates and shall also conduct a draft rate

meeting with MCOs to discuss, review, and seek feedback

regarding the draft capitation base rates.

(4) The Department shall inform MCOs no less than

quarterly of upcoming benefit and policy changes to the

Medicaid program.

(e) Meetings of the group established to discuss Medicaid

capitation rates under this Section shall be closed to the

public and shall not be subject to the Open Meetings Act.

Records and information produced by the group established to

discuss Medicaid capitation rates under this Section shall be

confidential and not subject to the Freedom of Information Act.

(Source: P.A. 100-646, eff. 7-27-18; revised 10-22-18.)

(305 ILCS 5/5-30.9)

Sec. 5-30.9 5-30.6. Disenrollment requirements; managed

care organization. Disenrollment of a Medicaid enrollee from a

managed care organization under contract with the Department

shall be in accordance with the requirements of 42 CFR 438.56

whenever a contract is terminated between a Medicaid managed

care health plan and a primary care provider that results in a

disruption to the Medicaid enrollee's provider-beneficiary

relationship.

(Source: P.A. 100-950, eff. 8-19-18; revised 10-22-18.)

(305 ILCS 5/5-30.10)

Sec. 5-30.10 5-30.8. Electronic report submission. To

preserve the quality of data and ensure productive oversight of

Medicaid managed care organizations, all regular reports

required, either by contract or statute, to be collected by the

Department from managed care organizations shall be collected

through a secure electronic format and medium as designated by

the Department. The Department shall consider concerns raised

by the contractor about potential burdens associated with

producing the report. Ad hoc reports may be collected in

alternative manners.

(Source: P.A. 100-1105, eff. 8-27-18; revised 10-22-18.)

(305 ILCS 5/5A-15)

Sec. 5A-15. Protection of federal revenue.

(a) If the federal Centers for Medicare and Medicaid

Services finds that any federal upper payment limit applicable

to the payments under this Article is exceeded then:

(1) (i) if such finding is made before payments have

been issued, the payments under this Article and the

increases in claims-based hospital payment rates specified

under Section 14-12 of this Code, as authorized under

Public Act 100-581 this amendatory Act of the 100th General

Assembly, that exceed the applicable federal upper payment

limit shall be reduced uniformly to the extent necessary to

comply with the applicable federal upper payment limit; or

(ii) if such finding is made after payments have been

issued, the payments under this Article that exceed the

applicable federal upper payment limit shall be reduced

uniformly to the extent necessary to comply with the

applicable federal upper payment limit; and

(2) any assessment rate imposed under this Article

shall be reduced such that the aggregate assessment is

reduced by the same percentage reduction applied in

paragraph (1); and

(3) any transfers from the Hospital Provider Fund under

Section 5A-8 shall be reduced by the same percentage

reduction applied in paragraph (1).

(b) Any payment reductions made under the authority granted

in this Section are exempt from the requirements and actions

under Section 5A-10.

(c) If any payments made as a result of the requirements of

this Article are subject to a disallowance, deferral, or

adjustment of federal matching funds then:

(1) the Department shall recoup the payments related to

those federal matching funds paid by the Department from

the parties paid by the Department;

(2) if the payments that are subject to a disallowance,

deferral, or adjustment of federal matching funds were made

to MCOs, the Department shall recoup the payments related

to the disallowance, deferral, or adjustment from the MCOs

no sooner than the Department is required to remit federal

matching funds to the Centers for Medicare and Medicaid

Services or any other federal agency, and hospitals that

received payments from the MCOs that were made with such

disallowed, deferred, or adjusted federal matching funds

must return those payments to the MCOs at least 10 business

days before the MCOs are required to remit such payments to

the Department; and

(3) any assessment paid to the Department by hospitals

under this Article that is attributable to the payments

that are subject to a disallowance, deferral, or adjustment

of federal matching funds, shall be refunded to the

hospitals by the Department.

If an MCO is unable to recoup funds from a hospital for any

reason, then the Department, upon written notice from an MCO,

shall work in good faith with the MCO to mitigate losses

associated with the lack of recoupment. Losses by an MCO shall

not exceed 1% of the total payments distributed by the MCO to

hospitals pursuant to the Hospital Assessment Program.

(Source: P.A. 100-580, eff. 3-12-18; 100-581, eff. 3-12-18;

revised 3-13-18.)

(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)

Sec. 9A-11. Child care.

(a) The General Assembly recognizes that families with

children need child care in order to work. Child care is

expensive and families with low incomes, including those who

are transitioning from welfare to work, often struggle to pay

the costs of day care. The General Assembly understands the

importance of helping low-income low income working families

become and remain self-sufficient. The General Assembly also

believes that it is the responsibility of families to share in

the costs of child care. It is also the preference of the

General Assembly that all working poor families should be

treated equally, regardless of their welfare status.

(b) To the extent resources permit, the Illinois Department

shall provide child care services to parents or other relatives

as defined by rule who are working or participating in

employment or Department approved education or training

programs. At a minimum, the Illinois Department shall cover the

following categories of families:

(1) recipients of TANF under Article IV participating

in work and training activities as specified in the

personal plan for employment and self-sufficiency;

(2) families transitioning from TANF to work;

(3) families at risk of becoming recipients of TANF;

(4) families with special needs as defined by rule;

(5) working families with very low incomes as defined

by rule;

(6) families that are not recipients of TANF and that

need child care assistance to participate in education and

training activities; and

(7) families with children under the age of 5 who have

an open intact family services case with the Department of

Children and Family Services. Any family that receives

child care assistance in accordance with this paragraph

shall remain eligible for child care assistance 6 months

after the child's intact family services case is closed,

regardless of whether the child's parents or other

relatives as defined by rule are working or participating

in Department approved employment or education or training

programs. The Department of Human Services, in

consultation with the Department of Children and Family

Services, shall adopt rules to protect the privacy of

families who are the subject of an open intact family

services case when such families enroll in child care

services. Additional rules shall be adopted to offer

children who have an open intact family services case the

opportunity to receive an Early Intervention screening and

other services that their families may be eligible for as

provided by the Department of Human Services.

The Department shall specify by rule the conditions of

eligibility, the application process, and the types, amounts,

and duration of services. Eligibility for child care benefits

and the amount of child care provided may vary based on family

size, income, and other factors as specified by rule.

A family's eligibility for child care services shall be

redetermined no sooner than 12 months following the initial

determination or most recent redetermination. During the

12-month periods, the family shall remain eligible for child

care services regardless of (i) a change in family income,

unless family income exceeds 85% of State median income, or

(ii) a temporary change in the ongoing status of the parents or

other relatives, as defined by rule, as working or attending a

job training or educational program.

In determining income eligibility for child care benefits,

the Department annually, at the beginning of each fiscal year,

shall establish, by rule, one income threshold for each family

size, in relation to percentage of State median income for a

family of that size, that makes families with incomes below the

specified threshold eligible for assistance and families with

incomes above the specified threshold ineligible for

assistance. Through and including fiscal year 2007, the

specified threshold must be no less than 50% of the

then-current State median income for each family size.

Beginning in fiscal year 2008, the specified threshold must be

no less than 185% of the then-current federal poverty level for

each family size. Notwithstanding any other provision of law or

administrative rule to the contrary, beginning in fiscal year

2019, the specified threshold for working families with very

low incomes as defined by rule must be no less than 185% of the

then-current federal poverty level for each family size.

In determining eligibility for assistance, the Department

shall not give preference to any category of recipients or give

preference to individuals based on their receipt of benefits

under this Code.

Nothing in this Section shall be construed as conferring

entitlement status to eligible families.

The Illinois Department is authorized to lower income

eligibility ceilings, raise parent co-payments, create waiting

lists, or take such other actions during a fiscal year as are

necessary to ensure that child care benefits paid under this

Article do not exceed the amounts appropriated for those child

care benefits. These changes may be accomplished by emergency

rule under Section 5-45 of the Illinois Administrative

Procedure Act, except that the limitation on the number of

emergency rules that may be adopted in a 24-month period shall

not apply.

The Illinois Department may contract with other State

agencies or child care organizations for the administration of

child care services.

(c) Payment shall be made for child care that otherwise

meets the requirements of this Section and applicable standards

of State and local law and regulation, including any

requirements the Illinois Department promulgates by rule in

addition to the licensure requirements promulgated by the

Department of Children and Family Services and Fire Prevention

and Safety requirements promulgated by the Office of the State

Fire Marshal, and is provided in any of the following:

(1) a child care center which is licensed or exempt

from licensure pursuant to Section 2.09 of the Child Care

Act of 1969;

(2) a licensed child care home or home exempt from

licensing;

(3) a licensed group child care home;

(4) other types of child care, including child care

provided by relatives or persons living in the same home as

the child, as determined by the Illinois Department by

rule.

(c-5) Solely for the purposes of coverage under the

Illinois Public Labor Relations Act, child and day care home

providers, including licensed and license exempt,

participating in the Department's child care assistance

program shall be considered to be public employees and the

State of Illinois shall be considered to be their employer as

of January 1, 2006 (the effective date of Public Act 94-320)

this amendatory Act of the 94th General Assembly, but not

before. The State shall engage in collective bargaining with an

exclusive representative of child and day care home providers

participating in the child care assistance program concerning

their terms and conditions of employment that are within the

State's control. Nothing in this subsection shall be understood

to limit the right of families receiving services defined in

this Section to select child and day care home providers or

supervise them within the limits of this Section. The State

shall not be considered to be the employer of child and day

care home providers for any purposes not specifically provided

in Public Act 94-320 this amendatory Act of the 94th General

Assembly, including, but not limited to, purposes of vicarious

liability in tort and purposes of statutory retirement or

health insurance benefits. Child and day care home providers

shall not be covered by the State Employees Group Insurance Act

of 1971.

In according child and day care home providers and their

selected representative rights under the Illinois Public Labor

Relations Act, the State intends that the State action

exemption to application of federal and State antitrust laws be

fully available to the extent that their activities are

authorized by Public Act 94-320 this amendatory Act of the 94th

General Assembly.

(d) The Illinois Department shall establish, by rule, a

co-payment scale that provides for cost sharing by families

that receive child care services, including parents whose only

income is from assistance under this Code. The co-payment shall

be based on family income and family size and may be based on

other factors as appropriate. Co-payments may be waived for

families whose incomes are at or below the federal poverty

level.

(d-5) The Illinois Department, in consultation with its

Child Care and Development Advisory Council, shall develop a

plan to revise the child care assistance program's co-payment

scale. The plan shall be completed no later than February 1,

2008, and shall include:

(1) findings as to the percentage of income that the

average American family spends on child care and the

relative amounts that low-income families and the average

American family spend on other necessities of life;

(2) recommendations for revising the child care

co-payment scale to assure that families receiving child

care services from the Department are paying no more than

they can reasonably afford;

(3) recommendations for revising the child care

co-payment scale to provide at-risk children with complete

access to Preschool for All and Head Start; and

(4) recommendations for changes in child care program

policies that affect the affordability of child care.

(e) (Blank).

(f) The Illinois Department shall, by rule, set rates to be

paid for the various types of child care. Child care may be

provided through one of the following methods:

(1) arranging the child care through eligible

providers by use of purchase of service contracts or

vouchers;

(2) arranging with other agencies and community

volunteer groups for non-reimbursed child care;

(3) (blank); or

(4) adopting such other arrangements as the Department

determines appropriate.

(f-1) Within 30 days after June 4, 2018 (the effective date

of Public Act 100-587) this amendatory Act of the 100th General

Assembly, the Department of Human Services shall establish

rates for child care providers that are no less than the rates

in effect on January 1, 2018 increased by 4.26%.

(f-5) (Blank).

(g) Families eligible for assistance under this Section

shall be given the following options:

(1) receiving a child care certificate issued by the

Department or a subcontractor of the Department that may be

used by the parents as payment for child care and

development services only; or

(2) if space is available, enrolling the child with a

child care provider that has a purchase of service contract

with the Department or a subcontractor of the Department

for the provision of child care and development services.

The Department may identify particular priority

populations for whom they may request special

consideration by a provider with purchase of service

contracts, provided that the providers shall be permitted

to maintain a balance of clients in terms of household

incomes and families and children with special needs, as

defined by rule.

(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;

100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.

8-17-18; revised 10-9-18.)

(305 ILCS 5/12-4.51)

Sec. 12-4.51. Workforce training and healthy families

demonstration project.

(a) Subject to the availability of funds provided for this

purpose by the federal government, local philanthropic or

charitable sources, or other private sources, there is created

a 5-year demonstration project within the Department of Human

Services to provide an intensive workforce training program for

entry-level entry level workers and a multi-generational

healthy family initiative. No general revenue funds may be used

to fund the demonstration project created under this Section.

The demonstration project shall be implemented no later than 6

months after January 1, 2019 (the effective date of Public Act

100-806) this amendatory Act of the 100th General Assembly and

shall terminate 5 years after the initial date of

implementation. The demonstration project shall be operated

and maintained by a non-profit, community-based entity that

shall provide the majority of the wages earned by participants

enrolled in the workforce training program as well as support

services to families, including new and expectant parents,

enrolled in the multi-generational healthy family initiative.

The total number of participants in the 5-year demonstration

project at any one time shall not exceed 500. Participants

enrolled in the workforce training program or the

multi-generational healthy family initiative shall qualify to

have whatever financial assistance they receive from their

participation excluded from consideration for purposes of

determining eligibility for or the amount of assistance under

this Code as provided in subsection (d) of Section 1-7. The

selected entity must immediately notify the Department of Human

Services or the Department of Healthcare and Family Services

whenever a participant enrolled in the workforce training

program or the multi-generational healthy family initiative

leaves the demonstration project and ceases to participate in

any of the programs under the demonstration making the

participant ineligible to receive an exemption as provided in

subsection (d) of Section 1-7.

(b) The entity selected to operate and maintain the

demonstration project shall be a non-profit, community-based

entity in good standing with the State that is located in a

county with a population of less than 3,000,000. The selected

entity must comply with all applicable State and federal

requirements and must develop and implement a research

component to determine the effectiveness of the demonstration

project in promoting and instilling self-sufficiency through

its intensive workforce training program and

multi-generational healthy family initiative. The State shall

not fund the research component outlined in the Section or any

program under the demonstration project.

(c) Beginning one year after the initial implementation

date of the demonstration project, and each year thereafter for

the duration of the demonstration, the selected entity shall

submit a report to the Department of Human Services, the

Department of Healthcare and Family Services, and the General

Assembly that details the progress and effectiveness of the

demonstration project and the demonstration's impact on

instilling the value of self-sufficiency in participants. The

4th annual report shall also provide policy recommendations on

best practices for and continued research on facilitating

bridges to self-sufficiency. The 4th annual report may also

include a recommendation on making the demonstration project

permanent upon completion of the demonstration project period.

The reports to the General Assembly shall be filed with the

Clerk of the House of Representatives and the Secretary of the

Senate in electronic form only, in the manner that the Clerk

and the Secretary shall direct.

(Source: P.A. 100-806, eff. 1-1-19; revised 10-3-18.)

(305 ILCS 5/14-12)

Sec. 14-12. Hospital rate reform payment system. The

hospital payment system pursuant to Section 14-11 of this

Article shall be as follows:

(a) Inpatient hospital services. Effective for discharges

on and after July 1, 2014, reimbursement for inpatient general

acute care services shall utilize the All Patient Refined

Diagnosis Related Grouping (APR-DRG) software, version 30,

distributed by 3MTM Health Information System.

(1) The Department shall establish Medicaid weighting

factors to be used in the reimbursement system established

under this subsection. Initial weighting factors shall be

the weighting factors as published by 3M Health Information

System, associated with Version 30.0 adjusted for the

Illinois experience.

(2) The Department shall establish a

statewide-standardized amount to be used in the inpatient

reimbursement system. The Department shall publish these

amounts on its website no later than 10 calendar days prior

to their effective date.

(3) In addition to the statewide-standardized amount,

the Department shall develop adjusters to adjust the rate

of reimbursement for critical Medicaid providers or

services for trauma, transplantation services, perinatal

care, and Graduate Medical Education (GME).

(4) The Department shall develop add-on payments to

account for exceptionally costly inpatient stays,

consistent with Medicare outlier principles. Outlier fixed

loss thresholds may be updated to control for excessive

growth in outlier payments no more frequently than on an

annual basis, but at least triennially. Upon updating the

fixed loss thresholds, the Department shall be required to

update base rates within 12 months.

(5) The Department shall define those hospitals or

distinct parts of hospitals that shall be exempt from the

APR-DRG reimbursement system established under this

Section. The Department shall publish these hospitals'

inpatient rates on its website no later than 10 calendar

days prior to their effective date.

(6) Beginning July 1, 2014 and ending on June 30, 2024,

in addition to the statewide-standardized amount, the

Department shall develop an adjustor to adjust the rate of

reimbursement for safety-net hospitals defined in Section

5-5e.1 of this Code excluding pediatric hospitals.

(7) Beginning July 1, 2014 and ending on June 30, 2020,

or upon implementation of inpatient psychiatric rate

increases as described in subsection (n) of Section

5A-12.6, in addition to the statewide-standardized amount,

the Department shall develop an adjustor to adjust the rate

of reimbursement for Illinois freestanding inpatient

psychiatric hospitals that are not designated as

children's hospitals by the Department but are primarily

treating patients under the age of 21.

(7.5) Beginning July 1, 2020, the reimbursement for

inpatient psychiatric services shall be so that base claims

projected reimbursement is increased by an amount equal to

the funds allocated in paragraph (2) of subsection (b) of

Section 5A-12.6, less the amount allocated under

paragraphs (8) and (9) of this subsection and paragraphs

(3) and (4) of subsection (b) multiplied by 13%. Beginning

July 1, 2022, the reimbursement for inpatient psychiatric

services shall be so that base claims projected

reimbursement is increased by an amount equal to the funds

allocated in paragraph (3) of subsection (b) of Section

5A-12.6, less the amount allocated under paragraphs (8) and

(9) of this subsection and paragraphs (3) and (4) of

subsection (b) multiplied by 13%. Beginning July 1, 2024,

the reimbursement for inpatient psychiatric services shall

be so that base claims projected reimbursement is increased

by an amount equal to the funds allocated in paragraph (4)

of subsection (b) of Section 5A-12.6, less the amount

allocated under paragraphs (8) and (9) of this subsection

and paragraphs (3) and (4) of subsection (b) multiplied by

13%.

(8) Beginning July 1, 2018, in addition to the

statewide-standardized amount, the Department shall adjust

the rate of reimbursement for hospitals designated by the

Department of Public Health as a Perinatal Level II or II+

center by applying the same adjustor that is applied to

Perinatal and Obstetrical care cases for Perinatal Level

III centers, as of December 31, 2017.

(9) Beginning July 1, 2018, in addition to the

statewide-standardized amount, the Department shall apply

the same adjustor that is applied to trauma cases as of

December 31, 2017 to inpatient claims to treat patients

with burns, including, but not limited to, APR-DRGs 841,

842, 843, and 844.

(10) Beginning July 1, 2018, the

statewide-standardized amount for inpatient general acute

care services shall be uniformly increased so that base

claims projected reimbursement is increased by an amount

equal to the funds allocated in paragraph (1) of subsection

(b) of Section 5A-12.6, less the amount allocated under

paragraphs (8) and (9) of this subsection and paragraphs

(3) and (4) of subsection (b) multiplied by 40%. Beginning

July 1, 2020, the statewide-standardized amount for

inpatient general acute care services shall be uniformly

increased so that base claims projected reimbursement is

increased by an amount equal to the funds allocated in

paragraph (2) of subsection (b) of Section 5A-12.6, less

the amount allocated under paragraphs (8) and (9) of this

subsection and paragraphs (3) and (4) of subsection (b)

multiplied by 40%. Beginning July 1, 2022, the

statewide-standardized amount for inpatient general acute

care services shall be uniformly increased so that base

claims projected reimbursement is increased by an amount

equal to the funds allocated in paragraph (3) of subsection

(b) of Section 5A-12.6, less the amount allocated under

paragraphs (8) and (9) of this subsection and paragraphs

(3) and (4) of subsection (b) multiplied by 40%. Beginning

July 1, 2023 the statewide-standardized amount for

inpatient general acute care services shall be uniformly

increased so that base claims projected reimbursement is

increased by an amount equal to the funds allocated in

paragraph (4) of subsection (b) of Section 5A-12.6, less

the amount allocated under paragraphs (8) and (9) of this

subsection and paragraphs (3) and (4) of subsection (b)

multiplied by 40%.

(11) Beginning July 1, 2018, the reimbursement for

inpatient rehabilitation services shall be increased by

the addition of a $96 per day add-on.

Beginning July 1, 2020, the reimbursement for

inpatient rehabilitation services shall be uniformly

increased so that the $96 per day add-on is increased by an

amount equal to the funds allocated in paragraph (2) of

subsection (b) of Section 5A-12.6, less the amount

allocated under paragraphs (8) and (9) of this subsection

and paragraphs (3) and (4) of subsection (b) multiplied by

0.9%.

Beginning July 1, 2022, the reimbursement for

inpatient rehabilitation services shall be uniformly

increased so that the $96 per day add-on as adjusted by the

July 1, 2020 increase, is increased by an amount equal to

the funds allocated in paragraph (3) of subsection (b) of

Section 5A-12.6, less the amount allocated under

paragraphs (8) and (9) of this subsection and paragraphs

(3) and (4) of subsection (b) multiplied by 0.9%.

Beginning July 1, 2023, the reimbursement for

inpatient rehabilitation services shall be uniformly

increased so that the $96 per day add-on as adjusted by the

July 1, 2022 increase, is increased by an amount equal to

the funds allocated in paragraph (4) of subsection (b) of

Section 5A-12.6, less the amount allocated under

paragraphs (8) and (9) of this subsection and paragraphs

(3) and (4) of subsection (b) multiplied by 0.9%.

(b) Outpatient hospital services. Effective for dates of

service on and after July 1, 2014, reimbursement for outpatient

services shall utilize the Enhanced Ambulatory Procedure

Grouping (EAPG E-APG) software, version 3.7 distributed by 3MTM

Health Information System.

(1) The Department shall establish Medicaid weighting

factors to be used in the reimbursement system established

under this subsection. The initial weighting factors shall

be the weighting factors as published by 3M Health

Information System, associated with Version 3.7.

(2) The Department shall establish service specific

statewide-standardized amounts to be used in the

reimbursement system.

(A) The initial statewide standardized amounts,

with the labor portion adjusted by the Calendar Year

2013 Medicare Outpatient Prospective Payment System

wage index with reclassifications, shall be published

by the Department on its website no later than 10

calendar days prior to their effective date.

(B) The Department shall establish adjustments to

the statewide-standardized amounts for each Critical

Access Hospital, as designated by the Department of

Public Health in accordance with 42 CFR 485, Subpart F.

The EAPG standardized amounts are determined

separately for each critical access hospital such that

simulated EAPG payments using outpatient base period

paid claim data plus payments under Section 5A-12.4 of

this Code net of the associated tax costs are equal to

the estimated costs of outpatient base period claims

data with a rate year cost inflation factor applied.

(3) In addition to the statewide-standardized amounts,

the Department shall develop adjusters to adjust the rate

of reimbursement for critical Medicaid hospital outpatient

providers or services, including outpatient high volume or

safety-net hospitals. Beginning July 1, 2018, the

outpatient high volume adjustor shall be increased to

increase annual expenditures associated with this adjustor

by $79,200,000, based on the State Fiscal Year 2015 base

year data and this adjustor shall apply to public

hospitals, except for large public hospitals, as defined

under 89 Ill. Adm. Code 148.25(a).

(4) Beginning July 1, 2018, in addition to the

statewide standardized amounts, the Department shall make

an add-on payment for outpatient expensive devices and

drugs. This add-on payment shall at least apply to claim

lines that: (i) are assigned with one of the following

EAPGs: 490, 1001 to 1020, and coded with one of the

following revenue codes: 0274 to 0276, 0278; or (ii) are

assigned with one of the following EAPGs: 430 to 441, 443,

444, 460 to 465, 495, 496, 1090. The add-on payment shall

be calculated as follows: the claim line's covered charges

multiplied by the hospital's total acute cost to charge

ratio, less the claim line's EAPG payment plus $1,000,

multiplied by 0.8.

(5) Beginning July 1, 2018, the statewide-standardized

amounts for outpatient services shall be increased so that

base claims projected reimbursement is increased by an

amount equal to the funds allocated in paragraph (1) of

subsection (b) of Section 5A-12.6, less the amount

allocated under paragraphs (8) and (9) of subsection (a)

and paragraphs (3) and (4) of this subsection multiplied by

46%. Beginning July 1, 2020, the statewide-standardized

amounts for outpatient services shall be increased so that

base claims projected reimbursement is increased by an

amount equal to the funds allocated in paragraph (2) of

subsection (b) of Section 5A-12.6, less the amount

allocated under paragraphs (8) and (9) of subsection (a)

and paragraphs (3) and (4) of this subsection multiplied by

46%. Beginning July 1, 2022, the statewide-standardized

amounts for outpatient services shall be increased so that

base claims projected reimbursement is increased by an

amount equal to the funds allocated in paragraph (3) of

subsection (b) of Section 5A-12.6, less the amount

allocated under paragraphs (8) and (9) of subsection (a)

and paragraphs (3) and (4) of this subsection multiplied by

46%. Beginning July 1, 2023, the statewide-standardized

amounts for outpatient services shall be increased so that

base claims projected reimbursement is increased by an

amount equal to the funds allocated in paragraph (4) of

subsection (b) of Section 5A-12.6, less the amount

allocated under paragraphs (8) and (9) of subsection (a)

and paragraphs (3) and (4) of this subsection multiplied by

46%.

(c) In consultation with the hospital community, the

Department is authorized to replace 89 Ill. Admin. Code 152.150

as published in 38 Ill. Reg. 4980 through 4986 within 12 months

of June 16, 2014 (the effective date of Public Act 98-651) this

amendatory Act of the 98th General Assembly. If the Department

does not replace these rules within 12 months of June 16, 2014

(the effective date of Public Act 98-651) this amendatory Act

of the 98th General Assembly, the rules in effect for 152.150

as published in 38 Ill. Reg. 4980 through 4986 shall remain in

effect until modified by rule by the Department. Nothing in

this subsection shall be construed to mandate that the

Department file a replacement rule.

(d) Transition period. There shall be a transition period

to the reimbursement systems authorized under this Section that

shall begin on the effective date of these systems and continue

until June 30, 2018, unless extended by rule by the Department.

To help provide an orderly and predictable transition to the

new reimbursement systems and to preserve and enhance access to

the hospital services during this transition, the Department

shall allocate a transitional hospital access pool of at least

$290,000,000 annually so that transitional hospital access

payments are made to hospitals.

(1) After the transition period, the Department may

begin incorporating the transitional hospital access pool

into the base rate structure; however, the transitional

hospital access payments in effect on June 30, 2018 shall

continue to be paid, if continued under Section 5A-16.

(2) After the transition period, if the Department

reduces payments from the transitional hospital access

pool, it shall increase base rates, develop new adjustors,

adjust current adjustors, develop new hospital access

payments based on updated information, or any combination

thereof by an amount equal to the decreases proposed in the

transitional hospital access pool payments, ensuring that

the entire transitional hospital access pool amount shall

continue to be used for hospital payments.

(d-5) Hospital transformation program. The Department, in

conjunction with the Hospital Transformation Review Committee

created under subsection (d-5), shall develop a hospital

transformation program to provide financial assistance to

hospitals in transforming their services and care models to

better align with the needs of the communities they serve. The

payments authorized in this Section shall be subject to

approval by the federal government.

(1) Phase 1. In State fiscal years 2019 through 2020,

the Department shall allocate funds from the transitional

access hospital pool to create a hospital transformation

pool of at least $262,906,870 annually and make hospital

transformation payments to hospitals. Subject to Section

5A-16, in State fiscal years 2019 and 2020, an Illinois

hospital that received either a transitional hospital

access payment under subsection (d) or a supplemental

payment under subsection (f) of this Section in State

fiscal year 2018, shall receive a hospital transformation

payment as follows:

(A) If the hospital's Rate Year 2017 Medicaid

inpatient utilization rate is equal to or greater than

45%, the hospital transformation payment shall be

equal to 100% of the sum of its transitional hospital

access payment authorized under subsection (d) and any

supplemental payment authorized under subsection (f).

(B) If the hospital's Rate Year 2017 Medicaid

inpatient utilization rate is equal to or greater than

25% but less than 45%, the hospital transformation

payment shall be equal to 75% of the sum of its

transitional hospital access payment authorized under

subsection (d) and any supplemental payment authorized

under subsection (f).

(C) If the hospital's Rate Year 2017 Medicaid

inpatient utilization rate is less than 25%, the

hospital transformation payment shall be equal to 50%

of the sum of its transitional hospital access payment

authorized under subsection (d) and any supplemental

payment authorized under subsection (f).

(2) Phase 2. During State fiscal years 2021 and 2022,

the Department shall allocate funds from the transitional

access hospital pool to create a hospital transformation

pool annually and make hospital transformation payments to

hospitals participating in the transformation program. Any

hospital may seek transformation funding in Phase 2. Any

hospital that seeks transformation funding in Phase 2 to

update or repurpose the hospital's physical structure to

transition to a new delivery model, must submit to the

Department in writing a transformation plan, based on the

Department's guidelines, that describes the desired

delivery model with projections of patient volumes by

service lines and projected revenues, expenses, and net

income that correspond to the new delivery model. In Phase

2, subject to the approval of rules, the Department may use

the hospital transformation pool to increase base rates,

develop new adjustors, adjust current adjustors, or

develop new access payments in order to support and

incentivize hospitals to pursue such transformation. In

developing such methodologies, the Department shall ensure

that the entire hospital transformation pool continues to

be expended to ensure access to hospital services or to

support organizations that had received hospital

transformation payments under this Section.

(A) Any hospital participating in the hospital

transformation program shall provide an opportunity

for public input by local community groups, hospital

workers, and healthcare professionals and assist in

facilitating discussions about any transformations or

changes to the hospital.

(B) As provided in paragraph (9) of Section 3 of

the Illinois Health Facilities Planning Act, any

hospital participating in the transformation program

may be excluded from the requirements of the Illinois

Health Facilities Planning Act for those projects

related to the hospital's transformation. To be

eligible, the hospital must submit to the Health

Facilities and Services Review Board certification

from the Department, approved by the Hospital

Transformation Review Committee, that the project is a

part of the hospital's transformation.

(C) As provided in subsection (a-20) of Section

32.5 of the Emergency Medical Services (EMS) Systems

Act, a hospital that received hospital transformation

payments under this Section may convert to a

freestanding emergency center. To be eligible for such

a conversion, the hospital must submit to the

Department of Public Health certification from the

Department, approved by the Hospital Transformation

Review Committee, that the project is a part of the

hospital's transformation.

(3) Within 6 months after March 12, 2018 (the effective

date of Public Act 100-581) this amendatory Act of the

100th General Assembly, the Department, in conjunction

with the Hospital Transformation Review Committee, shall

develop and adopt, by rule, the goals, objectives,

policies, standards, payment models, or criteria to be

applied in Phase 2 of the program to allocate the hospital

transformation funds. The goals, objectives, and policies

to be considered may include, but are not limited to,

achieving unmet needs of a community that a hospital serves

such as behavioral health services, outpatient services,

or drug rehabilitation services; attaining certain quality

or patient safety benchmarks for health care services; or

improving the coordination, effectiveness, and efficiency

of care delivery. Notwithstanding any other provision of

law, any rule adopted in accordance with this subsection

(d-5) may be submitted to the Joint Committee on

Administrative Rules for approval only if the rule has

first been approved by 9 of the 14 members of the Hospital

Transformation Review Committee.

(4) Hospital Transformation Review Committee. There is

created the Hospital Transformation Review Committee. The

Committee shall consist of 14 members. No later than 30

days after March 12, 2018 (the effective date of Public Act

100-581) this amendatory Act of the 100th General Assembly,

the 4 legislative leaders shall each appoint 3 members; the

Governor shall appoint the Director of Healthcare and

Family Services, or his or her designee, as a member; and

the Director of Healthcare and Family Services shall

appoint one member. Any vacancy shall be filled by the

applicable appointing authority within 15 calendar days.

The members of the Committee shall select a Chair and a

Vice-Chair from among its members, provided that the Chair

and Vice-Chair cannot be appointed by the same appointing

authority and must be from different political parties. The

Chair shall have the authority to establish a meeting

schedule and convene meetings of the Committee, and the

Vice-Chair shall have the authority to convene meetings in

the absence of the Chair. The Committee may establish its

own rules with respect to meeting schedule, notice of

meetings, and the disclosure of documents; however, the

Committee shall not have the power to subpoena individuals

or documents and any rules must be approved by 9 of the 14

members. The Committee shall perform the functions

described in this Section and advise and consult with the

Director in the administration of this Section. In addition

to reviewing and approving the policies, procedures, and

rules for the hospital transformation program, the

Committee shall consider and make recommendations related

to qualifying criteria and payment methodologies related

to safety-net hospitals and children's hospitals. Members

of the Committee appointed by the legislative leaders shall

be subject to the jurisdiction of the Legislative Ethics

Commission, not the Executive Ethics Commission, and all

requests under the Freedom of Information Act shall be

directed to the applicable Freedom of Information officer

for the General Assembly. The Department shall provide

operational support to the Committee as necessary.

(e) Beginning 36 months after initial implementation, the

Department shall update the reimbursement components in

subsections (a) and (b), including standardized amounts and

weighting factors, and at least triennially and no more

frequently than annually thereafter. The Department shall

publish these updates on its website no later than 30 calendar

days prior to their effective date.

(f) Continuation of supplemental payments. Any

supplemental payments authorized under Illinois Administrative

Code 148 effective January 1, 2014 and that continue during the

period of July 1, 2014 through December 31, 2014 shall remain

in effect as long as the assessment imposed by Section 5A-2

that is in effect on December 31, 2017 remains in effect.

(g) Notwithstanding subsections (a) through (f) of this

Section and notwithstanding the changes authorized under

Section 5-5b.1, any updates to the system shall not result in

any diminishment of the overall effective rates of

reimbursement as of the implementation date of the new system

(July 1, 2014). These updates shall not preclude variations in

any individual component of the system or hospital rate

variations. Nothing in this Section shall prohibit the

Department from increasing the rates of reimbursement or

developing payments to ensure access to hospital services.

Nothing in this Section shall be construed to guarantee a

minimum amount of spending in the aggregate or per hospital as

spending may be impacted by factors including but not limited

to the number of individuals in the medical assistance program

and the severity of illness of the individuals.

(h) The Department shall have the authority to modify by

rulemaking any changes to the rates or methodologies in this

Section as required by the federal government to obtain federal

financial participation for expenditures made under this

Section.

(i) Except for subsections (g) and (h) of this Section, the

Department shall, pursuant to subsection (c) of Section 5-40 of

the Illinois Administrative Procedure Act, provide for

presentation at the June 2014 hearing of the Joint Committee on

Administrative Rules (JCAR) additional written notice to JCAR

of the following rules in order to commence the second notice

period for the following rules: rules published in the Illinois

Register, rule dated February 21, 2014 at 38 Ill. Reg. 4559

(Medical Payment), 4628 (Specialized Health Care Delivery

Systems), 4640 (Hospital Services), 4932 (Diagnostic Related

Grouping (DRG) Prospective Payment System (PPS)), and 4977

(Hospital Reimbursement Changes), and published in the

Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499

(Specialized Health Care Delivery Systems) and 6505 (Hospital

Services).

(j) Out-of-state hospitals. Beginning July 1, 2018, for

purposes of determining for State fiscal years 2019 and 2020

the hospitals eligible for the payments authorized under

subsections (a) and (b) of this Section, the Department shall

include out-of-state hospitals that are designated a Level I

pediatric trauma center or a Level I trauma center by the

Department of Public Health as of December 1, 2017.

(k) The Department shall notify each hospital and managed

care organization, in writing, of the impact of the updates

under this Section at least 30 calendar days prior to their

effective date.

(Source: P.A. 99-2, eff. 3-26-15; 100-581, eff. 3-12-18;

revised 10-3-18.)

Section 570. The Early Mental Health and Addictions

Treatment Act is amended by changing Section 10 as follows:

(305 ILCS 65/10)

Sec. 10. Medicaid pilot program for opioid and other drug

addictions.

(a) Legislative findings. The General Assembly finds as

follows:

(1) Illinois continues to face a serious and ongoing

opioid epidemic.

(2) Opioid-related overdose deaths rose 76% between

2013 and 2016.

(3) Opioid and other drug addictions are life-long

diseases that require a disease management approach and not

just episodic treatment.

(4) There is an urgent need to create a treatment

approach that proactively engages and encourages

individuals with opioid and other drug addictions into

treatment to help prevent chronic use and a worsening

addiction and to significantly curb the rate of overdose

deaths.

(b) With the goal of early initial engagement of

individuals who have an opioid or other drug addiction in

addiction treatment and for keeping individuals engaged in

treatment following detoxification, a residential treatment

stay, or hospitalization to prevent chronic recurrent drug use,

the Department of Healthcare and Family Services, in

partnership with the Department of Human Services' Division of

Substance Use Prevention and Recovery Alcoholism and Substance

Abuse and with meaningful input from stakeholders, shall

develop an Assertive Engagement and Community-Based Clinical

Treatment Pilot Program for early treatment of an opioid or

other drug addiction. The pilot program shall be implemented

across a broad spectrum of geographic regions across the State.

(c) Assertive engagement and community-based clinical

treatment services. All services included in the pilot program

established under this Section shall be evidence-based or

evidence-informed as applicable and the services shall be

flexibly provided in-office, in-home, and in-community with an

emphasis on in-home and in-community services. The model shall

take into consideration area workforce, community uniqueness,

and cultural diversity. The model shall, at a minimum, allow

for and include each of the following:

(1) Assertive community outreach, engagement, and

continuing care strategies to encourage participation and

retention in addiction treatment services for both initial

engagement into addiction treatment services, and for

post-hospitalization, post-detoxification, and

post-residential treatment.

(2) Case management for purposes of linking

individuals to treatment, ongoing monitoring, problem

solving, and assisting individuals in organizing their

treatment and goals. Case management shall be covered for

individuals not yet engaged in treatment for purposes of

reaching such individuals early on in their addiction and

for individuals in treatment.

(3) Clinical treatment that is delivered in an

individual's natural environment, including in-home or

in-community treatment, to better equip the individual

with coping mechanisms that may trigger re-use.

(4) Coverage of provider transportation costs in

delivering in-home and in-community services in both rural

and urban settings. For rural communities, the model shall

take into account the wider geographic areas providers are

required to travel for in-home and in-community pilot

services for purposes of reimbursement.

(5) Recovery support services.

(6) For individuals who receive services through the

pilot program but disengage for a short duration (a period

of no longer than 9 months), allow seamless treatment

re-engagement in the pilot program.

(7) Supported education and employment.

(8) Working with the individual's family, school, and

other community support systems.

(9) Service flexibility to enable recovery and

positive health outcomes.

(d) Federal waiver or State Plan amendment; implementation

timeline. The Department shall follow the timeline for

application for federal approval and implementation outlined

in subsection (c) of Section 5. The pilot program contemplated

in this Section shall be implemented only to the extent that

federal financial participation is available.

(e) Pay-for-performance payment model. The Department of

Healthcare and Family Services, in partnership with the

Department of Human Services' Division of Substance Use

Prevention and Recovery Alcoholism and Substance Abuse and with

meaningful input from stakeholders, shall develop a

pay-for-performance payment model aimed at achieving

high-quality high quality treatment and overall health and

quality of life outcomes, rather than a fee-for-service payment

model. The payment model shall allow for service flexibility to

achieve such outcomes, shall cover actual provider costs of

delivering the pilot program services to enable

sustainability, and shall include all provider costs

associated with the data collection for purposes of the

analytics and outcomes reporting required in subsection (g).

The Department shall ensure that the payment model works as

intended by this Section within managed care.

(f) Rulemaking. The Department of Healthcare and Family

Services, in partnership with the Department of Human Services'

Division of Substance Use Prevention and Recovery Alcoholism

and Substance Abuse and with meaningful input from

stakeholders, shall develop rules for purposes of

implementation of the pilot program within 6 months after

federal approval of the pilot program. If the Department

determines federal approval is not required for

implementation, the Department shall develop rules with

meaningful stakeholder input no later than December 31, 2019.

(g) Pilot program analytics and outcomes reports. The

Department of Healthcare and Family Services shall engage a

third party partner with expertise in program evaluation,

analysis, and research at the end of 5 years of implementation

to review the outcomes of the pilot program in treating

addiction and preventing periods of symptom exacerbation and

recurrence. For purposes of evaluating the outcomes of the

pilot program, the Department shall require providers of the

pilot program services to track all of the following annual

data:

(1) Length of engagement and retention in pilot program

services.

(2) Recurrence of drug use.

(3) Symptom management (the ability or inability to

control drug use).

(4) Days of hospitalizations related to substance use

or residential treatment stays.

(5) Periods of homelessness and periods of housing

stability.

(6) Periods of criminal justice involvement.

(7) Educational and employment attainment during

following pilot program services.

(8) Enrollee satisfaction with his or her quality of

life and level of social connectedness, pre-pilot and

post-pilot services.

(h) The Department of Healthcare and Family Services shall

deliver a final report to the General Assembly on the outcomes

of the pilot program within one year after 4 years of full

implementation, and after 7 years of full implementation,

compared to typical treatment available to other youth with

significant mental health conditions, as well as the cost

savings associated with the pilot program taking into account

all public systems used when an individual with a significant

mental health condition does not have access to the right

treatment and supports in the early stages of his or her

illness.

The reports to the General Assembly shall be filed with the

Clerk of the House of Representatives and the Secretary of the

Senate in electronic form only, in the manner that the Clerk

and the Secretary shall direct.

Post-pilot program discharge outcomes shall be collected

for all service recipients who exit the pilot program for up to

3 years after exit. This includes youth who exit the program

with planned or unplanned discharges. The post-exit data

collected shall include the annual data listed in paragraphs

(1) through (8) of subsection (g). Data collection shall be

done in a manner that does not violate individual privacy laws.

Outcomes for enrollees in the pilot and post-exit outcomes

shall be included in the final report to the General Assembly

under this subsection (h) within one year of 4 full years of

implementation, and in an additional report within one year of

7 full years of implementation in order to provide more

information about post-exit outcomes on a greater number of

youth who enroll in pilot program services in the final years

of the pilot program.

(Source: P.A. 100-1016, eff. 8-21-18; revised 10-3-18.)

Section 575. The Older Adult Services Act is amended by

changing Section 35 as follows:

(320 ILCS 42/35)

Sec. 35. Older Adult Services Advisory Committee.

(a) The Older Adult Services Advisory Committee is created

to advise the directors of Aging, Healthcare and Family

Services, and Public Health on all matters related to this Act

and the delivery of services to older adults in general.

(b) The Advisory Committee shall be comprised of the

following:

(1) The Director of Aging or his or her designee, who

shall serve as chair and shall be an ex officio and

nonvoting member.

(2) The Director of Healthcare and Family Services and

the Director of Public Health or their designees, who shall

serve as vice-chairs and shall be ex officio and nonvoting

members.

(3) One representative each of the Governor's Office,

the Department of Healthcare and Family Services, the

Department of Public Health, the Department of Veterans'

Affairs, the Department of Human Services, the Department

of Insurance, the Department on Aging, the Department on

Aging's State Long Term Care Ombudsman, the Illinois

Housing Finance Authority, and the Illinois Housing

Development Authority, each of whom shall be selected by

his or her respective director and shall be an ex officio

and nonvoting member.

(4) Thirty members appointed by the Director of Aging

in collaboration with the directors of Public Health and

Healthcare and Family Services, and selected from the

recommendations of statewide associations and

organizations, as follows:

(A) One member representing the Area Agencies on

Aging;

(B) Four members representing nursing homes or

licensed assisted living establishments;

(C) One member representing home health agencies;

(D) One member representing case management

services;

(E) One member representing statewide senior

center associations;

(F) One member representing Community Care Program

homemaker services;

(G) One member representing Community Care Program

adult day services;

(H) One member representing nutrition project

directors;

(I) One member representing hospice programs;

(J) One member representing individuals with

Alzheimer's disease and related dementias;

(K) Two members representing statewide trade or

labor unions;

(L) One advanced practice registered nurse with

experience in gerontological nursing;

(M) One physician specializing in gerontology;

(N) One member representing regional long-term

care ombudsmen;

(O) One member representing municipal, township,

or county officials;

(P) (Blank);

(Q) (Blank);

(R) One member representing the parish nurse

movement;

(S) One member representing pharmacists;

(T) Two members representing statewide

organizations engaging in advocacy or legal

representation on behalf of the senior population;

(U) Two family caregivers;

(V) Two citizen members over the age of 60;

(W) One citizen with knowledge in the area of

gerontology research or health care law;

(X) One representative of health care facilities

licensed under the Hospital Licensing Act; and

(Y) One representative of primary care service

providers.

The Director of Aging, in collaboration with the Directors

of Public Health and Healthcare and Family Services, may

appoint additional citizen members to the Older Adult Services

Advisory Committee. Each such additional member must be either

an individual age 60 or older or an uncompensated caregiver for

a family member or friend who is age 60 or older.

(c) Voting members of the Advisory Committee shall serve

for a term of 3 years or until a replacement is named. All

members shall be appointed no later than January 1, 2005. Of

the initial appointees, as determined by lot, 10 members shall

serve a term of one year; 10 shall serve for a term of 2 years;

and 12 shall serve for a term of 3 years. Any member appointed

to fill a vacancy occurring prior to the expiration of the term

for which his or her predecessor was appointed shall be

appointed for the remainder of that term. The Advisory

Committee shall meet at least quarterly and may meet more

frequently at the call of the Chair. A simple majority of those

appointed shall constitute a quorum. The affirmative vote of a

majority of those present and voting shall be necessary for

Advisory Committee action. Members of the Advisory Committee

shall receive no compensation for their services.

(d) The Advisory Committee shall have an Executive

Committee comprised of the Chair, the Vice Chairs, and up to 15

members of the Advisory Committee appointed by the Chair who

have demonstrated expertise in developing, implementing, or

coordinating the system restructuring initiatives defined in

Section 25. The Executive Committee shall have responsibility

to oversee and structure the operations of the Advisory

Committee and to create and appoint necessary subcommittees and

subcommittee members. The Advisory Committee's Community Care

Program Medicaid Enrollment Oversight Subcommittee shall have

the membership and powers and duties set forth in Section 4.02

of the Illinois Act on the Aging.

(e) The Advisory Committee shall study and make

recommendations related to the implementation of this Act,

including, but not limited to, system restructuring

initiatives as defined in Section 25 or otherwise related to

this Act.

(Source: P.A. 100-513, eff. 1-1-18; 100-587, eff. 6-4-18;

100-621, eff. 7-20-18; revised 8-1-18.)

Section 580. The Quincy Veterans' Home Rehabilitation and

Rebuilding Act is amended by changing Sections 30 and 50 as

follows:

(330 ILCS 21/30)

(Section scheduled to be repealed on July 17, 2023)

Sec. 30. Procedures for selection.

(a) The State construction agency must use a two-phase

procedure for the selection of the successful design-build

entity. Phase I of the procedure will evaluate and shortlist

the design-build entities based on qualifications, and Phase II

will evaluate the technical and cost proposals.

(b) The State construction agency shall include in the

request for proposal the evaluating factors to be used in Phase

I. These factors are in addition to any prequalification

requirements of design-build entities that the agency has set

forth. Each request for proposal shall establish the relative

importance assigned to each evaluation factor and subfactor,

including any weighting of criteria to be employed by the State

construction agency. The State construction agency must

maintain a record of the evaluation scoring to be disclosed in

the event of a protest regarding the solicitation.

The State construction agency shall include the following

criteria in every Phase I evaluation of design-build entities:

(1) experience of personnel; (2) successful experience with

similar project types; (3) financial capability; (4)

timeliness of past performance; (5) experience with similarly

sized projects; (6) successful reference checks of the firm;

(7) commitment to assign personnel for the duration of the

project and qualifications of the entity's consultants; and (8)

ability or past performance in meeting or exhausting good faith

efforts to meet the utilization goals for business enterprises

established in the Business Enterprise for Minorities, Women,

and Persons with Disabilities Act and with Section 2-105 of the

Illinois Human Rights Act. The State construction agency may

include any additional relevant criteria in Phase I that it

deems necessary for a proper qualification review.

The State construction agency may not consider any

design-build entity for evaluation or award if the entity has

any pecuniary interest in the project or has other

relationships or circumstances, including, but not limited to,

long-term leasehold, mutual performance, or development

contracts with the State construction agency, that may give the

design-build entity a financial or tangible advantage over

other design-build entities in the preparation, evaluation, or

performance of the design-build contract or that create the

appearance of impropriety. No proposal shall be considered that

does not include an entity's plan to comply with the

requirements established in the Business Enterprise for

Minorities, Women, and Persons with Disabilities Act, for both

the design and construction areas of performance, and with

Section 2-105 of the Illinois Human Rights Act.

Upon completion of the qualifications evaluation, the

State construction agency shall create a shortlist of the most

highly qualified design-build entities. The State construction

agency, in its discretion, is not required to shortlist the

maximum number of entities as identified for Phase II

evaluation, so long as no less than 2 design-build entities nor

more than 6 design-build entities are selected to submit Phase

II proposals.

The State construction agency shall notify the entities

selected for the shortlist in writing. This notification shall

commence the period for the preparation of the Phase II

technical and cost evaluations. The State construction agency

must allow sufficient time for the shortlist entities to

prepare their Phase II submittals considering the scope and

detail requested by the State agency.

(c) The State construction agency shall include in the

request for proposal the evaluating factors to be used in the

technical and cost submission components of Phase II. Each

request for proposal shall establish, for both the technical

and cost submission components of Phase II, the relative

importance assigned to each evaluation factor and subfactor,

including any weighting of criteria to be employed by the State

construction agency. The State construction agency must

maintain a record of the evaluation scoring to be disclosed in

the event of a protest regarding the solicitation.

The State construction agency shall include the following

criteria in every Phase II technical evaluation of design-build

entities: (1) compliance with objectives of the project; (2)

compliance of proposed services to the request for proposal

requirements; (3) quality of products or materials proposed;

(4) quality of design parameters; (5) design concepts; (6)

innovation in meeting the scope and performance criteria; and

(7) constructability of the proposed project. The State

construction agency may include any additional relevant

technical evaluation factors it deems necessary for proper

selection.

The State construction agency shall include the following

criteria in every Phase II cost evaluation: the total project

cost, the construction costs, and the time of completion. The

State construction agency may include any additional relevant

technical evaluation factors it deems necessary for proper

selection. The total project cost criteria weighting weighing

factor shall be 25%.

The State construction agency shall directly employ or

retain a licensed design professional to evaluate the technical

and cost submissions to determine if the technical submissions

are in accordance with generally accepted industry standards.

Upon completion of the technical submissions and cost

submissions evaluation, the State construction agency may

award the design-build contract to the highest overall ranked

entity.

(Source: P.A. 100-610, eff. 7-17-18; revised 10-3-18.)

(330 ILCS 21/50)

(Section scheduled to be repealed on July 17, 2023)

Sec. 50. Illinois Administrative Procedure Act. The

Illinois Administrative Procedure Act applies to all

administrative rules and procedures of the State construction

agency under this Act except that nothing herein shall be

construed to render any prequalification or other

responsibility criteria as a "license" or "licensing" under

that Act.

(Source: P.A. 100-610, eff. 7-17-18; revised 10-3-18.)

Section 585. The Service Member Employment and

Reemployment Rights Act is amended by changing Section 5-20 as

follows:

(330 ILCS 61/5-20)

Sec. 5-20. Notice of rights and duties.

(a) Each employer shall provide to employees entitled to

rights and benefits under this Act a notice of the rights,

benefits, and obligations of service member employees under

this Act.

(b) The requirement for the provision of notice under this

Act may be met by the posting of the notice where the employer

employer's customarily places place notices for employees.

(Source: P.A. 100-1101, eff. 1-1-19; revised 10-3-18.)

Section 590. The Developmental Disability and Mental

Disability Services Act is amended by changing the heading of

Article VII-A as follows:

(405 ILCS 80/Art. VII-A heading)

ARTICLE VII-A. DIVERSION FROM FACILITY-BASED CARE PROGRAM

(Source: P.A. 100-924, eff. 7-1-19; revised 10-2-18.)

Section 595. The Comprehensive Lead Education, Reduction,

and Window Replacement Program Act is amended by changing

Section 5 as follows:

(410 ILCS 43/5)

Sec. 5. Findings; intent; establishment of program.

(a) The General Assembly finds all of the following:

(1) Lead-based paint poisoning is a potentially

devastating, but preventable disease. It is one of the top

environmental threats to children's health in the United

States.

(2) The number of lead-poisoned children in Illinois is

among the highest in the nation, especially in older, more

affordable properties.

(3) Lead poisoning causes irreversible damage to the

development of a child's nervous system. Even at low and

moderate levels, lead poisoning causes learning

disabilities, problems with speech, shortened attention

span, hyperactivity, and behavioral problems. Recent

research links low levels of lead exposure to lower IQ

scores and to juvenile delinquency.

(4) Older housing is the number one risk factor for

childhood lead poisoning. Properties built before 1950 are

statistically much more likely to contain lead-based paint

hazards than buildings constructed more recently.

(5) While the use of lead-based paint in residential

properties was banned in 1978, the State of Illinois ranks

seventh nationally in the number of housing units built

before 1978 and has the highest risk for lead hazards.

(6) There are nearly 1.4 million households with

lead-based paint hazards in Illinois.

(7) Most children are lead poisoned in their own homes

through exposure to lead dust from deteriorated lead paint

surfaces, like windows, and when lead paint deteriorates or

is disturbed through home renovation and repainting.

(8) Children at the highest risk for lead poisoning

live in low-income communities and in older housing

throughout the State of Illinois.

(9) The control of lead hazards significantly reduces

lead-poisoning rates.

(10) Windows are considered a higher lead exposure risk

more often than other components in a housing unit. Windows

are a major contributor of lead dust in the home, due to

both weathering conditions and friction effects on paint.

(11) The Comprehensive Lead Education Elimination,

Reduction, and Window Replacement (CLEAR-WIN) Program was

established under Public Act 95-492 as a pilot program to

reduce potential lead hazards by replacing windows in

low-income, pre-1978 homes. It also provided for

on-the-job training for community members in 2 pilot

communities in Chicago and Peoria County.

(12) The CLEAR-WIN Program provided for installation

of 8,000 windows in 466 housing units between 2010 and

2014. Evaluations of the pilot program determined window

replacement was effective in lowering lead hazards and

produced energy, environmental, health, and market

benefits. Return on investment was almost $2 for every

dollar spent.

(13) There is an insufficient pool of licensed lead

abatement workers and contractors to address the problem in

some areas of the State.

(14) Through grants from the U.S. Department of Housing

and Urban Development and State dollars, some communities

in Illinois have begun to reduce lead poisoning of

children. While this is an ongoing effort, it only

addresses a small number of the low-income children

statewide in communities with high levels of lead paint in

the housing stock.

(b) It is the intent of the General Assembly to:

(1) address the problem of lead poisoning of children

by eliminating lead hazards in homes;

(2) provide training within communities to encourage

the use of lead paint safe work practices;

(3) create job opportunities for community members in

the lead abatement industry;

(4) support the efforts of small business and property

owners committed to maintaining lead-safe housing; and

(5) assist in the maintenance of affordable lead-safe

housing stock.

(c) The General Assembly hereby establishes the

Comprehensive Lead Education, Reduction, and Window

Replacement Program to assist residential property owners

through a Lead Direct Assistance Program to reduce lead hazards

in residential properties.

(d) The Department of Public Health is authorized to:

(1) adopt rules necessary to implement this Act;

(2) adopt by reference the Illinois Administrative

Procedure Act for administration of this Act;

(3) assess administrative fines and penalties, as

established by the Department by rule, for persons

violating rules adopted by the Department under this Act;

(4) make referrals for prosecution to the Attorney

General or the State's Attorney for the county in which a

violation occurs, for a violation of this Act or the rules

adopted under this Act; and

(5) establish agreements under the Intergovernmental

Cooperation Act with the Department of Commerce and

Economic Opportunity, the Illinois Housing Development

Authority, or any other public agency as required, to

implement this Act.

(Source: P.A. 100-461, eff. 8-25-17; revised 10-22-18.)

Section 600. The Sexual Assault Survivors Emergency

Treatment Act is amended by changing Sections 1a, 2.1, 5, and

6.5 as follows:

(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)

Sec. 1a. Definitions. In this Act:

"Advanced practice registered nurse" has the meaning

provided in Section 50-10 of the Nurse Practice Act.

"Ambulance provider" means an individual or entity that

owns and operates a business or service using ambulances or

emergency medical services vehicles to transport emergency

patients.

"Approved pediatric health care facility" means a health

care facility, other than a hospital, with a sexual assault

treatment plan approved by the Department to provide medical

forensic services to pediatric sexual assault survivors who

present with a complaint of sexual assault within a minimum of

the last 7 days or who have disclosed past sexual assault by a

specific individual and were in the care of that individual

within a minimum of the last 7 days.

"Areawide sexual assault treatment plan" means a plan,

developed by hospitals or by hospitals and approved pediatric

health care facilities in a community or area to be served,

which provides for medical forensic services to sexual assault

survivors that shall be made available by each of the

participating hospitals and approved pediatric health care

facilities.

"Board-certified child abuse pediatrician" means a

physician certified by the American Board of Pediatrics in

child abuse pediatrics.

"Board-eligible child abuse pediatrician" means a

physician who has completed the requirements set forth by the

American Board of Pediatrics to take the examination for

certification in child abuse pediatrics.

"Department" means the Department of Public Health.

"Emergency contraception" means medication as approved by

the federal Food and Drug Administration (FDA) that can

significantly reduce the risk of pregnancy if taken within 72

hours after sexual assault.

"Follow-up healthcare" means healthcare services related

to a sexual assault, including laboratory services and pharmacy

services, rendered within 90 days of the initial visit for

medical forensic services.

"Health care professional" means a physician, a physician

assistant, a sexual assault forensic examiner, an advanced

practice registered nurse, a registered professional nurse, a

licensed practical nurse, or a sexual assault nurse examiner.

"Hospital" means a hospital licensed under the Hospital

Licensing Act or operated under the University of Illinois

Hospital Act, any outpatient center included in the hospital's

sexual assault treatment plan where hospital employees provide

medical forensic services, and an out-of-state hospital that

has consented to the jurisdiction of the Department under

Section 2.06.

"Illinois State Police Sexual Assault Evidence Collection

Kit" means a prepackaged set of materials and forms to be used

for the collection of evidence relating to sexual assault. The

standardized evidence collection kit for the State of Illinois

shall be the Illinois State Police Sexual Assault Evidence

Collection Kit.

"Law enforcement agency having jurisdiction" means the law

enforcement agency in the jurisdiction where an alleged sexual

assault or sexual abuse occurred.

"Licensed practical nurse" has the meaning provided in

Section 50-10 of the Nurse Practice Act.

"Medical forensic services" means health care delivered to

patients within or under the care and supervision of personnel

working in a designated emergency department of a hospital or

an approved pediatric health care facility. "Medical forensic

services" includes, but is not limited to, taking a medical

history, performing photo documentation, performing a physical

and anogenital examination, assessing the patient for evidence

collection, collecting evidence in accordance with a statewide

sexual assault evidence collection program administered by the

Department of State Police using the Illinois State Police

Sexual Assault Evidence Collection Kit, if appropriate,

assessing the patient for drug-facilitated or

alcohol-facilitated sexual assault, providing an evaluation of

and care for sexually transmitted infection and human

immunodeficiency virus (HIV), pregnancy risk evaluation and

care, and discharge and follow-up healthcare planning.

"Pediatric health care facility" means a clinic or

physician's office that provides medical services to pediatric

patients.

"Pediatric sexual assault survivor" means a person under

the age of 13 who presents for medical forensic services in

relation to injuries or trauma resulting from a sexual assault.

"Photo documentation" means digital photographs or

colposcope videos stored and backed up backed-up securely in

the original file format.

"Physician" means a person licensed to practice medicine in

all its branches.

"Physician assistant" has the meaning provided in Section 4

of the Physician Assistant Practice Act of 1987.

"Prepubescent sexual assault survivor" means a female who

is under the age of 18 years and has not had a first menstrual

cycle or a male who is under the age of 18 years and has not

started to develop secondary sex characteristics who presents

for medical forensic services in relation to injuries or trauma

resulting from a sexual assault.

"Qualified medical provider" means a board-certified child

abuse pediatrician, board-eligible child abuse pediatrician, a

sexual assault forensic examiner, or a sexual assault nurse

examiner who has access to photo documentation tools, and who

participates in peer review.

"Registered Professional Nurse" has the meaning provided

in Section 50-10 of the Nurse Practice Act.

"Sexual assault" means:

(1) an act of sexual conduct; as used in this

paragraph, "sexual conduct" has the meaning provided under

Section 11-0.1 of the Criminal Code of 2012; or

(2) any act of sexual penetration; as used in this

paragraph, "sexual penetration" has the meaning provided

under Section 11-0.1 of the Criminal Code of 2012 and

includes, without limitation, acts prohibited under

Sections 11-1.20 through 11-1.60 of the Criminal Code of

2012.

"Sexual assault forensic examiner" means a physician or

physician assistant who has completed training that meets or is

substantially similar to the Sexual Assault Nurse Examiner

Education Guidelines established by the International

Association of Forensic Nurses.

"Sexual assault nurse examiner" means an advanced practice

registered nurse or registered professional nurse who has

completed a sexual assault nurse examiner training program that

meets the Sexual Assault Nurse Examiner Education Guidelines

established by the International Association of Forensic

Nurses.

"Sexual assault services voucher" means a document

generated by a hospital or approved pediatric health care

facility at the time the sexual assault survivor receives

outpatient medical forensic services that may be used to seek

payment for any ambulance services, medical forensic services,

laboratory services, pharmacy services, and follow-up

healthcare provided as a result of the sexual assault.

"Sexual assault survivor" means a person who presents for

medical forensic services in relation to injuries or trauma

resulting from a sexual assault.

"Sexual assault transfer plan" means a written plan

developed by a hospital and approved by the Department, which

describes the hospital's procedures for transferring sexual

assault survivors to another hospital, and an approved

pediatric health care facility, if applicable, in order to

receive medical forensic services.

"Sexual assault treatment plan" means a written plan that

describes the procedures and protocols for providing medical

forensic services to sexual assault survivors who present

themselves for such services, either directly or through

transfer from a hospital or an approved pediatric health care

facility.

"Transfer hospital" means a hospital with a sexual assault

transfer plan approved by the Department.

"Transfer services" means the appropriate medical

screening examination and necessary stabilizing treatment

prior to the transfer of a sexual assault survivor to a

hospital or an approved pediatric health care facility that

provides medical forensic services to sexual assault survivors

pursuant to a sexual assault treatment plan or areawide sexual

assault treatment plan.

"Treatment hospital" means a hospital with a sexual assault

treatment plan approved by the Department to provide medical

forensic services to all sexual assault survivors who present

with a complaint of sexual assault within a minimum of the last

7 days or who have disclosed past sexual assault by a specific

individual and were in the care of that individual within a

minimum of the last 7 days.

"Treatment hospital with approved pediatric transfer"

means a hospital with a treatment plan approved by the

Department to provide medical forensic services to sexual

assault survivors 13 years old or older who present with a

complaint of sexual assault within a minimum of the last 7 days

or who have disclosed past sexual assault by a specific

individual and were in the care of that individual within a

minimum of the last 7 days.

(Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17;

100-513, eff. 1-1-18; 100-775, eff. 1-1-19; revised 10-24-18.)

(410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)

Sec. 2.1. Plan of correction; penalties.

(a) If the Department surveyor determines that the hospital

or approved pediatric health care facility is not in compliance

with its approved plan, the surveyor shall provide the hospital

or approved pediatric health care facility with a written list

of the specific items of noncompliance within 10 working days

after the conclusion of the on-site on site review. The

hospital shall have 10 working days to submit to the Department

a plan of correction which contains the hospital's or approved

pediatric health care facility's specific proposals for

correcting the items of noncompliance. The Department shall

review the plan of correction and notify the hospital in

writing within 10 working days as to whether the plan is

acceptable or unacceptable.

If the Department finds the Plan of Correction

unacceptable, the hospital or approved pediatric health care

facility shall have 10 working days to resubmit an acceptable

Plan of Correction. Upon notification that its Plan of

Correction is acceptable, a hospital or approved pediatric

health care facility shall implement the Plan of Correction

within 60 days.

(b) The failure of a hospital to submit an acceptable Plan

of Correction or to implement the Plan of Correction, within

the time frames required in this Section, will subject a

hospital to the imposition of a fine by the Department. The

Department may impose a fine of up to $500 per day until a

hospital complies with the requirements of this Section.

If an approved pediatric health care facility fails to

submit an acceptable Plan of Correction or to implement the

Plan of Correction within the time frames required in this

Section, then the Department shall notify the approved

pediatric health care facility that the approved pediatric

health care facility may not provide medical forensic services

under this Act. The Department may impose a fine of up to $500

per patient provided services in violation of this Act.

(c) Before imposing a fine pursuant to this Section, the

Department shall provide the hospital or approved pediatric

health care facility via certified mail with written notice and

an opportunity for an administrative hearing. Such hearing must

be requested within 10 working days after receipt of the

Department's Notice. All hearings shall be conducted in

accordance with the Department's rules in administrative

hearings.

(Source: P.A. 100-775, eff. 1-1-19; revised 10-22-18.)

(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)

Sec. 5. Minimum requirements for medical forensic services

provided to sexual assault survivors by hospitals and approved

pediatric health care facilities.

(a) Every hospital and approved pediatric health care

facility providing medical forensic services to sexual assault

survivors under this Act shall, as minimum requirements for

such services, provide, with the consent of the sexual assault

survivor, and as ordered by the attending physician, an

advanced practice registered nurse, or a physician assistant,

the services set forth in subsection (a-5).

Beginning January 1, 2022, a qualified medical provider

must provide the services set forth in subsection (a-5).

(a-5) A treatment hospital, a treatment hospital with

approved pediatric transfer, or an approved pediatric health

care facility shall provide the following services in

accordance with subsection (a):

(1) Appropriate medical forensic services without

delay, in a private, age-appropriate or

developmentally-appropriate space, required to ensure the

health, safety, and welfare of a sexual assault survivor

and which may be used as evidence in a criminal proceeding

against a person accused of the sexual assault, in a

proceeding under the Juvenile Court Act of 1987, or in an

investigation under the Abused and Neglected Child

Reporting Act.

Records of medical forensic services, including

results of examinations and tests, the Illinois State

Police Medical Forensic Documentation Forms, the Illinois

State Police Patient Discharge Materials, and the Illinois

State Police Patient Consent: Collect and Test Evidence or

Collect and Hold Evidence Form, shall be maintained by the

hospital or approved pediatric health care facility as part

of the patient's electronic medical record.

Records of medical forensic services of sexual assault

survivors under the age of 18 shall be retained by the

hospital for a period of 60 years after the sexual assault

survivor reaches the age of 18. Records of medical forensic

services of sexual assault survivors 18 years of age or

older shall be retained by the hospital for a period of 20

years after the date the record was created.

Records of medical forensic services may only be

disseminated in accordance with Section 6.5 of this Act and

other State and federal law.

(1.5) An offer to complete the Illinois Sexual Assault

Evidence Collection Kit for any sexual assault survivor who

presents within a minimum of the last 7 days of the assault

or who has disclosed past sexual assault by a specific

individual and was in the care of that individual within a

minimum of the last 7 days.

(A) Appropriate oral and written information

concerning evidence-based guidelines for the

appropriateness of evidence collection depending on

the sexual development of the sexual assault survivor,

the type of sexual assault, and the timing of the

sexual assault shall be provided to the sexual assault

survivor. Evidence collection is encouraged for

prepubescent sexual assault survivors who present to a

hospital or approved pediatric health care facility

with a complaint of sexual assault within a minimum of

96 hours after the sexual assault.

Before January 1, 2022, the information required

under this subparagraph shall be provided in person by

the health care professional providing medical

forensic services directly to the sexual assault

survivor.

On and after January 1, 2022, the information

required under this subparagraph shall be provided in

person by the qualified medical provider providing

medical forensic services directly to the sexual

assault survivor.

The written information provided shall be the

information created in accordance with Section 10 of

this Act.

(B) Following the discussion regarding the

evidence-based guidelines for evidence collection in

accordance with subparagraph (A), evidence collection

must be completed at the sexual assault survivor's

request. A sexual assault nurse examiner conducting an

examination using the Illinois State Police Sexual

Assault Evidence Collection Kit may do so without the

presence or participation of a physician.

(2) Appropriate oral and written information

concerning the possibility of infection, sexually

transmitted infection, including an evaluation of the

sexual assault survivor's risk of contracting human

immunodeficiency virus (HIV) from sexual assault, and

pregnancy resulting from sexual assault.

(3) Appropriate oral and written information

concerning accepted medical procedures, laboratory tests,

medication, and possible contraindications of such

medication available for the prevention or treatment of

infection or disease resulting from sexual assault.

(3.5) After after a medical evidentiary or physical

examination, access to a shower at no cost, unless

showering facilities are unavailable. ;

(4) An amount of medication, including HIV

prophylaxis, for treatment at the hospital or approved

pediatric health care facility and after discharge as is

deemed appropriate by the attending physician, an advanced

practice registered nurse, or a physician assistant in

accordance with the Centers for Disease Control and

Prevention guidelines and consistent with the hospital's

or approved pediatric health care facility's current

approved protocol for sexual assault survivors.

(5) Photo documentation of the sexual assault

survivor's injuries, anatomy involved in the assault, or

other visible evidence on the sexual assault survivor's

body to supplement the medical forensic history and written

documentation of physical findings and evidence beginning

July 1, 2019. Photo documentation does not replace written

documentation of the injury.

(6) Written and oral instructions indicating the need

for follow-up examinations and laboratory tests after the

sexual assault to determine the presence or absence of

sexually transmitted infection.

(7) Referral by hospital or approved pediatric health

care facility personnel for appropriate counseling.

(8) Medical advocacy services provided by a rape crisis

counselor whose communications are protected under Section

8-802.1 of the Code of Civil Procedure, if there is a

memorandum of understanding between the hospital or

approved pediatric health care facility and a rape crisis

center. With the consent of the sexual assault survivor, a

rape crisis counselor shall remain in the exam room during

the medical forensic examination.

(9) Written information regarding services provided by

a Children's Advocacy Center and rape crisis center, if

applicable.

(a-7) By January 1, 2022, every hospital with a treatment

plan approved by the Department shall employ or contract with a

qualified medical provider to initiate medical forensic

services to a sexual assault survivor within 90 minutes of the

patient presenting to the treatment hospital or treatment

hospital with approved pediatric transfer. The provision of

medical forensic services by a qualified medical provider shall

not delay the provision of life-saving medical care.

(b) Any person who is a sexual assault survivor who seeks

medical forensic services or follow-up healthcare under this

Act shall be provided such services without the consent of any

parent, guardian, custodian, surrogate, or agent. If a sexual

assault survivor is unable to consent to medical forensic

services, the services may be provided under the Consent by

Minors to Medical Procedures Act, the Health Care Surrogate

Act, or other applicable State and federal laws.

(b-5) Every hospital or approved pediatric health care

facility providing medical forensic services to sexual assault

survivors shall issue a voucher to any sexual assault survivor

who is eligible to receive one in accordance with Section 5.2

of this Act. The hospital shall make a copy of the voucher and

place it in the medical record of the sexual assault survivor.

The hospital shall provide a copy of the voucher to the sexual

assault survivor after discharge upon request.

(c) Nothing in this Section creates a physician-patient

relationship that extends beyond discharge from the hospital or

approved pediatric health care facility.

(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;

99-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-775, eff.

1-1-19; 100-1087, eff. 1-1-19; revised 10-24-18.)

(410 ILCS 70/6.5)

Sec. 6.5. Written consent to the release of sexual assault

evidence for testing.

(a) Upon the completion of medical forensic services, the

health care professional providing the medical forensic

services shall provide the patient the opportunity to sign a

written consent to allow law enforcement to submit the sexual

assault evidence for testing, if collected. The written consent

shall be on a form included in the sexual assault evidence

collection kit and posted on the Illinois State Police website.

The consent form shall include whether the survivor consents to

the release of information about the sexual assault to law

enforcement.

(1) A survivor 13 years of age or older may sign the

written consent to release the evidence for testing.

(2) If the survivor is a minor who is under 13 years of

age, the written consent to release the sexual assault

evidence for testing may be signed by the parent, guardian,

investigating law enforcement officer, or Department of

Children and Family Services.

(3) If the survivor is an adult who has a guardian of

the person, a health care surrogate, or an agent acting

under a health care power of attorney, the consent of the

guardian, surrogate, or agent is not required to release

evidence and information concerning the sexual assault or

sexual abuse. If the adult is unable to provide consent for

the release of evidence and information and a guardian,

surrogate, or agent under a health care power of attorney

is unavailable or unwilling to release the information,

then an investigating law enforcement officer may

authorize the release.

(4) Any health care professional or health care

institution, including any hospital or approved pediatric

health care facility, who provides evidence or information

to a law enforcement officer under a written consent as

specified in this Section is immune from any civil or

professional liability that might arise from those

actions, with the exception of willful or wanton

misconduct. The immunity provision applies only if all of

the requirements of this Section are met.

(b) The hospital or approved pediatric health care facility

shall keep a copy of a signed or unsigned written consent form

in the patient's medical record.

(c) If a written consent to allow law enforcement to hold

the sexual assault evidence is signed at the completion of

medical forensic services, the hospital or approved pediatric

health care facility shall include the following information in

its discharge instructions:

(1) the sexual assault evidence will be stored for 10

years from the completion of an Illinois State Police

Sexual Assault Evidence Collection Kit, or 10 years from

the age of 18 years, whichever is longer;

(2) a person authorized to consent to the testing of

the sexual assault evidence may sign a written consent to

allow law enforcement to test the sexual assault evidence

at any time during that 10-year period for an adult victim,

or until a minor victim turns 28 years of age by (A)

contacting the law enforcement agency having jurisdiction,

or if unknown, the law enforcement agency contacted by the

hospital or approved pediatric health care facility under

Section 3.2 of the Criminal Identification Act; or (B) by

working with an advocate at a rape crisis center;

(3) the name, address, and phone number of the law

enforcement agency having jurisdiction, or if unknown the

name, address, and phone number of the law enforcement

agency contacted by the hospital or approved pediatric

health care facility under Section 3.2 of the Criminal

Identification Act; and

(4) the name and phone number of a local rape crisis

center.

(Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18;

100-775, eff. 1-1-19; 100-1087, eff. 1-1-19; revised

10-24-18.)

Section 605. The Vital Records Act is amended by changing

Section 25.4 as follows:

(410 ILCS 535/25.4)

Sec. 25.4. Youth in care birth record request.

(a) For the purposes of this Section, an individual's

status as a youth in care may be verified:

(1) with a copy of the court order placing the youth in

the guardianship or custody of the Department of Children

and Family Services or terminating the Department of

Children and Family Services' guardianship or custody of

the youth; or

(2) by a human services agency, legal services agency,

or other similar agency that has knowledge of the

individual's youth in care status, including, but not

limited to:

(A) a child welfare agency, including the

Department of Children and Family Services; or

(B) the attorney or guardian ad litem who served as

the youth in care's attorney or guardian ad litem

during proceedings under the Juvenile Court Act of

1987.

A person described in subsection (b) of this Section must

not be charged for verification under this Section.

A person who knowingly or purposefully falsifies this

verification is subject to a penalty of $100.

(b) The applicable fees under Section 25 of this Act for a

search for a birth record or a certified copy of a birth record

shall be waived for all requests made by:

(1) a youth in care, as defined in Section 4d of the

Children and Family Services Act, whose status is verified

under subsection (a) of this Section; or

(2) a person under the age of 27 who was a youth in

care, as defined in Section 4d of the Children and Family

Services Act, on or after his or her 18th birthday and

whose status is verified under subsection (a) of this

Section.

The State Registrar of Vital Records shall establish

standards and procedures consistent with this Section for

waiver of the applicable fees.

(c) A person shall be provided no more than 4 birth records

annually under this Section.

(Source: P.A. 100-619, eff. 1-1-19; revised 10-24-18.)

Section 610. The Food Handling Regulation Enforcement Act

is amended by changing Sections 3.3 and 4 as follows:

(410 ILCS 625/3.3)

Sec. 3.3. Farmers' markets.

(a) The General Assembly finds as follows:

(1) Farmers' markets, as defined in subsection (b) of

this Section, provide not only a valuable marketplace for

farmers and food artisans to sell their products directly

to consumers, but also a place for consumers to access

fresh fruits, vegetables, and other agricultural products.

(2) Farmers' markets serve as a stimulator for local

economies and for thousands of new businesses every year,

allowing farmers to sell directly to consumers and capture

the full retail value of their products. They have become

important community institutions and have figured in the

revitalization of downtown districts and rural

communities.

(3) Since 1999, the number of farmers' markets has

tripled and new ones are being established every year.

There is a lack of consistent regulation from one county to

the next, resulting in confusion and discrepancies between

counties regarding how products may be sold. There continue

continues to be inconsistencies, confusion, and lack of

awareness by consumers, farmers, markets, and local health

authorities of required guidelines affecting farmers'

markets from county to county.

(4) (Blank).

(5) (Blank).

(6) Recognizing that farmers' markets serve as small

business incubators and that farmers' profit margins

frequently are narrow, even in direct-to-consumer retail,

protecting farmers from costs of regulation that are

disproportionate to their profits will help ensure the

continued viability of these local farms and small

businesses.

(b) For the purposes of this Section:

"Department" means the Department of Public Health.

"Director" means the Director of Public Health.

"Farmers' market" means a common facility or area where the

primary purpose is for farmers to gather to sell a variety of

fresh fruits and vegetables and other locally produced farm and

food products directly to consumers.

(c) (Blank).

(d) This Section does not intend and shall not be construed

to limit the power of counties, municipalities, and other local

government units to regulate farmers' markets for the

protection of the public health, safety, morals, and welfare,

including, but not limited to, licensing requirements and time,

place, and manner restrictions, except as specified in this

Act. This Section provides for a statewide scheme for the

orderly and consistent interpretation of the Department's

administrative rules pertaining to the safety of food and food

products sold at farmers' markets.

(e) (Blank).

(f) (Blank).

(g) (Blank).

(h) (Blank).

(i) (Blank).

(j) (Blank).

(k) (Blank).

(l) (Blank).

(m) The following provisions shall apply concerning

statewide farmers' market food safety guidelines:

(1) The Director, in accordance with this Section,

shall adopt administrative rules (as provided by the

Illinois Administrative Procedure Act) for foods found at

farmers' markets.

(2) The rules and regulations described in this Section

shall be consistently enforced by local health authorities

throughout the State.

(2.5) Notwithstanding any other provision of law

except as provided in this Section, local public health

departments and all other units of local government are

prohibited from creating sanitation guidelines, rules, or

regulations for farmers' markets that are more stringent

than those farmers' market sanitation regulations

contained in the administrative rules adopted by the

Department for the purposes of implementing this Section

and Sections 3.4, 3.5, and 4 of this Act. Except as

provided for in Sections 3.4 and 4 of this Act, this

Section does not intend and shall not be construed to limit

the power of local health departments and other government

units from requiring licensing and permits for the sale of

commercial food products, processed food products,

prepared foods, and potentially hazardous foods at

farmers' markets or conducting related inspections and

enforcement activities, so long as those permits and

licenses do not include unreasonable fees or sanitation

provisions and rules that are more stringent than those

laid out in the administrative rules adopted by the

Department for the purposes of implementing this Section

and Sections 3.4, 3.5, and 4 of this Act.

(3) In the case of alleged noncompliance

non-compliance with the provisions described in this

Section, local health departments shall issue written

notices to vendors and market managers of any noncompliance

issues.

(4) Produce and food products coming within the scope

of the provisions of this Section shall include, but not be

limited to, raw agricultural products, including fresh

fruits and vegetables; popcorn, grains, seeds, beans, and

nuts that are whole, unprocessed, unpackaged, and

unsprouted; fresh herb sprigs springs and dried herbs in

bunches; baked goods sold at farmers' markets; cut fruits

and vegetables; milk and cheese products; ice cream;

syrups; wild and cultivated mushrooms; apple cider and

other fruit and vegetable juices; herb vinegar;

garlic-in-oil; flavored oils; pickles, relishes, salsas,

and other canned or jarred items; shell eggs; meat and

poultry; fish; ready-to-eat foods; commercially produced

prepackaged food products; and any additional items

specified in the administrative rules adopted by the

Department to implement Section 3.3 of this Act.

(n) Local health department regulatory guidelines may be

applied to foods not often found at farmers' markets, all other

food products not regulated by the Department of Agriculture

and the Department of Public Health, as well as live animals to

be sold at farmers' markets.

(o) (Blank).

(p) The Department of Public Health and the Department of

Agriculture shall adopt administrative rules necessary to

implement, interpret, and make specific the provisions of this

Section, including, but not limited to, rules concerning

labels, sanitation, and food product safety according to the

realms of their jurisdiction.

(q) The Department shall create a food sampling training

and license program as specified in Section 3.4 of this Act.

(r) In addition to any rules adopted pursuant to subsection

(p) of this Section, the following provisions shall be applied

uniformly throughout the State, including to home rule units,

except as otherwise provided in this Act:

(1) Farmers market vendors shall provide effective

means to maintain potentially hazardous food, as defined in

Section 4 of this Act, at 41 degrees Fahrenheit or below.

As an alternative to mechanical refrigeration, an

effectively insulated, hard-sided, cleanable container

with sufficient ice or other cooling means that is intended

for the storage of potentially hazardous food shall be

used. Local health departments shall not limit vendors'

choice of refrigeration or cooling equipment and shall not

charge a fee for use of such equipment. Local health

departments shall not be precluded from requiring an

effective alternative form of cooling if a vendor is unable

to maintain food at the appropriate temperature.

(2) Handwashing stations may be shared by farmers'

market vendors if handwashing stations are accessible to

vendors.

(Source: P.A. 99-9, eff. 7-10-15; 99-191, eff. 1-1-16; 99-642,

eff. 7-28-16; 100-488, eff. 6-1-18; 100-805, eff. 1-1-19;

revised 10-24-18.)

(410 ILCS 625/4)

Sec. 4. Cottage food operation.

(a) For the purpose of this Section:

A food is "acidified" if: (i) acid or acid ingredients are

added to it to produce a final equilibrium pH of 4.6 or below;

or (ii) it is fermented to produce a final equilibrium pH of

4.6 or below.

"Canned food" means food preserved in air-tight,

vacuum-sealed containers that are heat processed sufficiently

to enable storing the food at normal home temperatures.

"Cottage food operation" means an operation conducted by a

person who produces or packages food or drink, other than foods

and drinks listed as prohibited in paragraph (1.5) of

subsection (b) of this Section, in a kitchen located in that

person's primary domestic residence or another appropriately

designed and equipped residential or commercial-style kitchen

on that property for direct sale by the owner, a family member,

or employee.

"Cut leafy greens" means fresh leafy greens whose leaves

have been cut, shredded, sliced, chopped, or torn. "Cut leafy

greens" does not mean cut-to-harvest leafy greens.

"Department" means the Department of Public Health.

"Equilibrium pH" means the final potential of hydrogen

measured in an acidified food after all the components of the

food have achieved the same acidity.

"Farmers' market" means a common facility or area where

farmers gather to sell a variety of fresh fruits and vegetables

and other locally produced farm and food products directly to

consumers.

"Leafy greens" includes iceberg lettuce; romaine lettuce;

leaf lettuce; butter lettuce; baby leaf lettuce, such as

immature lettuce or leafy greens; escarole; endive; spring mix;

spinach; cabbage; kale; arugula; and chard. "Leafy greens" does

not include microgreens or herbs such as cilantro or parsley.

"Main ingredient" means an agricultural product that is the

defining or distinctive ingredient in a cottage food product,

though not necessarily by predominance of weight.

"Microgreen" means an edible plant seedling grown in soil

or substrate and harvested above the soil or substrate line.

"Potentially hazardous food" means a food that is

potentially hazardous according to the Department's

administrative rules. Potentially hazardous food (PHF) in

general means a food that requires time and temperature control

for safety (TCS) to limit pathogenic microorganism growth or

toxin formation.

"Sprout" means any seedling intended for human consumption

that was produced in a manner that does not meet the definition

of microgreen.

(b) Notwithstanding any other provision of law and except

as provided in subsections (c), (d), and (e) of this Section,

neither the Department nor the Department of Agriculture nor

the health department of a unit of local government may

regulate the transaction of food or drink by a cottage food

operation providing that all of the following conditions are

met:

(1) (Blank).

(1.5) A cottage food operation may produce homemade

food and drink. However, a cottage food operation, unless

properly licensed, certified, and compliant with all

requirements to sell a listed food item under the laws and

regulations pertinent to that food item, shall not sell or

offer to sell the following food items or processed foods

containing the following food items, except as indicated:

(A) meat, poultry, fish, seafood, or shellfish;

(B) dairy, except as an ingredient in a

non-potentially hazardous baked good or candy, such as

caramel, subject to paragraph (1.8);

(C) eggs, except as an ingredient in a

non-potentially hazardous baked good or in dry

noodles;

(D) pumpkin pies, sweet potato pies, cheesecakes,

custard pies, creme pies, and pastries with

potentially hazardous fillings or toppings;

(E) garlic in oil or oil infused with garlic,

except if the garlic oil is acidified;

(F) canned foods, except for the following, which

may be canned only in Mason-style jars with new lids:

(i) fruit jams, fruit jellies, fruit

preserves, or fruit butters;

(ii) syrups;

(iii) whole or cut fruit canned in syrup;

(iv) acidified fruit or vegetables prepared

and offered for sale in compliance with paragraph

(1.6); and

(v) condiments such as prepared mustard,

horseradish, or ketchup that do not contain

ingredients prohibited under this Section and that

are prepared and offered for sale in compliance

with paragraph (1.6);

(G) sprouts;

(H) cut leafy greens, except for cut leafy greens

that are dehydrated, acidified, or blanched and

frozen;

(I) cut or pureed fresh tomato or melon;

(J) dehydrated tomato or melon;

(K) frozen cut melon;

(L) wild-harvested, non-cultivated mushrooms;

(M) alcoholic beverages; or

(N) kombucha.

(1.6) In order to sell canned tomatoes or a canned

product containing tomatoes, a cottage food operator shall

either:

(A) follow exactly a recipe that has been tested by

the United States Department of Agriculture or by a

state cooperative extension located in this State or

any other state in the United States; or

(B) submit the recipe, at the cottage food

operator's expense, to a commercial laboratory to test

that the product has been adequately acidified; use

only the varietal or proportionate varietals of tomato

included in the tested recipe for all subsequent

batches of such recipe; and provide documentation of

the test results of the recipe submitted under this

subparagraph to an inspector upon request during any

inspection authorized by paragraph (2) of subsection

(d).

(1.7) A State-certified local public health department

that regulates the service of food by a cottage food

operation in accordance with subsection (d) of this Section

may require a cottage food operation to submit a canned

food that is subject to paragraph (1.6), at the cottage

food operator's expense, to a commercial laboratory to

verify that the product has a final equilibrium pH of 4.6

or below.

(1.8) A State-certified local public health department

that regulates the service of food by a cottage food

operation in accordance with subsection (d) of this Section

may require a cottage food operation to submit a recipe for

any baked good containing cheese, at the cottage food

operator's expense, to a commercial laboratory to verify

that it is non-potentially hazardous before allowing the

cottage food operation to sell the baked good as a cottage

food.

(2) The food is to be sold at a farmers' market, with

the exception that cottage foods that have a locally grown

agricultural product as the main ingredient may be sold on

the farm where the agricultural product is grown or

delivered directly to the consumer.

(3) (Blank).

(4) The food packaging conforms to the labeling

requirements of the Illinois Food, Drug and Cosmetic Act

and includes the following information on the label of each

of its products:

(A) the name and address of the cottage food

operation;

(B) the common or usual name of the food product;

(C) all ingredients of the food product, including

any colors, artificial flavors, and preservatives,

listed in descending order by predominance of weight

shown with common or usual names;

(D) the following phrase: "This product was

produced in a home kitchen not subject to public health

inspection that may also process common food

allergens.";

(E) the date the product was processed; and

(F) allergen labeling as specified in federal

labeling requirements.

(5) The name and residence of the person preparing and

selling products as a cottage food operation are is

registered with the health department of a unit of local

government where the cottage food operation resides. No

fees shall be charged for registration. Registration shall

be for a minimum period of one year.

(6) The person preparing or packaging products as a

cottage food operation has a Department approved Food

Service Sanitation Management Certificate.

(7) At the point of sale, a placard is displayed in a

prominent location that states the following: "This

product was produced in a home kitchen not subject to

public health inspection that may also process common food

allergens.".

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

this Section, if the Department or the health department of a

unit of local government has received a consumer complaint or

has reason to believe that an imminent health hazard exists or

that a cottage food operation's product has been found to be

misbranded, adulterated, or not in compliance with the

exception for cottage food operations pursuant to this Section,

then it may invoke cessation of sales of cottage food products

until it deems that the situation has been addressed to the

satisfaction of the Department.

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

this Section, a State-certified local public health department

may, upon providing a written statement to the Department,

regulate the service of food by a cottage food operation. The

regulation by a State-certified local public health department

may include all of the following requirements:

(1) That the cottage food operation (A) register with

the State-certified local public health department, which

shall be for a minimum of one year and include a reasonable

fee set by the State-certified local public health

department that is no greater than $25 notwithstanding

paragraph (5) of subsection (b) of this Section and (B)

agree in writing at the time of registration to grant

access to the State-certified local public health

department to conduct an inspection of the cottage food

operation's primary domestic residence in the event of a

consumer complaint or foodborne illness outbreak.

(2) That in the event of a consumer complaint or

foodborne illness outbreak the State-certified local

public health department is allowed to (A) inspect the

premises of the cottage food operation in question and (B)

set a reasonable fee for that inspection.

(e) The Department may adopt rules as may be necessary to

implement the provisions of this Section.

(Source: P.A. 99-191, eff. 1-1-16; 100-35, eff. 1-1-18;

100-1069, eff. 8-24-18; revised 10-22-18.)

Section 615. The Illinois Solid Waste Management Act is

amended by changing Section 7 as follows:

(415 ILCS 20/7) (from Ch. 111 1/2, par. 7057)

Sec. 7. It is the intent of this Act to provide the

framework for a comprehensive solid waste management program in

Illinois.

The Department shall prepare and submit to the Governor and

the General Assembly on or before January 1, 1992, a report

evaluating the effectiveness of the programs provided under

this Act and Section 22.14 of the Environmental Protection Act;

assessing the need for a continuation of existing programs,

development and implementation of new programs and appropriate

funding mechanisms; and recommending legislative and

administrative action to fully implement a comprehensive solid

waste management program in Illinois.

The Department shall investigate the suitability and

advisability of providing tax incentives for Illinois

businesses to use recycled products and purchase or lease

recycling equipment, and shall report to the Governor and the

General Assembly by January 1, 1987, on the results of this

investigation.

By July 1, 1989, the Department shall submit to the

Governor and members of the General Assembly a waste reduction

report:

(a) that describes various mechanisms that could be

utilized to stimulate and enhance the reduction of

industrial and post-consumer waste in the State, including

their advantages and disadvantages. The mechanisms to be

analyzed shall include, but not be limited to, incentives

for prolonging product life, methods for ensuring product

recyclability, taxes for excessive packaging, tax

incentives, prohibitions on the use of certain products,

and performance standards for products; and

(b) that includes specific recommendations to

stimulate and enhance waste reduction in the industrial and

consumer sector, including, but not limited to,

legislation, financial incentives and disincentives, and

public education.

The Department of Commerce and Economic Opportunity, with

the cooperation of the State Board of Education, the Illinois

Environmental Protection Agency, and others as needed, shall

develop, coordinate and conduct an education program for solid

waste management and recycling. The program shall include, but

not be limited to, education for the general public,

businesses, government, educators and students.

The education program shall address, at a minimum, the

following topics: the solid waste management alternatives of

recycling, composting, and source reduction; resource

allocation and depletion; solid waste planning; reuse of

materials; pollution prevention; and household hazardous

waste.

The Department of Commerce and Economic Opportunity shall

cooperate with municipal and county governments, regional

school superintendents, educational education service centers,

local school districts, and planning agencies and committees to

coordinate local and regional education programs and workshops

and to expedite the exchange of technical information.

By March 1, 1989, the Department shall prepare a report on

strategies for distributing and marketing landscape waste

compost from centralized composting sites operated by units of

local government. The report shall, at a minimum, evaluate the

effects of product quality, assured supply, cost and public

education on the availability of compost, free delivery, and

public sales composting program. The evaluation of public sales

programs shall focus on direct retail sale of bagged compost at

the site or special distribution centers and bulk sale of

finished compost to wholesalers for resale.

(Source: P.A. 94-793, eff. 5-19-06; revised 10-19-18.)

Section 620. The Environmental Toxicology Act is amended by

changing Section 3 as follows:

(415 ILCS 75/3) (from Ch. 111 1/2, par. 983)

Sec. 3. Definitions. As used in this Act, unless the

context otherwise requires: ;

(a) "Department" means the Illinois Department of Public

Health. ;

(b) "Director" means the Director of the Illinois

Department of Public Health. ;

(c) "Program" means the Environmental Toxicology Program

as established by this Act. ;

(d) "Exposure" means contact with a hazardous substance. ;

(e) "Hazardous substance" means chemical compounds,

elements, or combinations of chemicals which, because of

quantity concentration, physical characteristics or

toxicological characteristics may pose a substantial present

or potential hazard to human health and includes, but is not

limited to, any substance defined as a hazardous substance in

Section 3.215 of the "Environmental Protection Act. ", approved

June 29, 1970, as amended;

(f) "Initial assessment" means a review and evaluation of

site history and hazardous substances involved, potential for

population exposure, the nature of any health related

complaints and any known patterns in disease occurrence. ;

(g) "Comprehensive health study" means a detailed analysis

which may include: a review of available environmental,

morbidity and mortality data; environmental and biological

sampling; detailed review of scientific literature; exposure

analysis; population surveys; or any other scientific or

epidemiologic methods deemed necessary to adequately evaluate

the health status of the population at risk and any potential

relationship to environmental factors. ;

(h) "Superfund Site" means any hazardous waste site

designated for cleanup on the National Priorities List as

mandated by the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (P.L. 96-510), as

amended. ;

(i) (Blank).

(Source: P.A. 100-103, eff. 8-11-17; 100-621, eff. 7-20-18;

revised 10-22-18.)

Section 625. The Mercury Switch Removal Act is amended by

changing Section 15 as follows:

(415 ILCS 97/15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15. Mercury switch collection programs.

(a) Within 60 days of April 24, 2006 (the effective date of

this Act), manufacturers of vehicles in Illinois that contain

mercury switches must begin to implement a mercury switch

collection program that facilitates the removal of mercury

switches from end-of-life vehicles before the vehicles are

flattened, crushed, shredded, or otherwise processed for

recycling and to collect and properly manage mercury switches

in accordance with the Environmental Protection Act and

regulations adopted thereunder. In order to ensure that the

mercury switches are removed and collected in a safe and

consistent manner, manufacturers must, to the extent

practicable, use the currently available end-of-life vehicle

recycling infrastructure. The collection program must be

designed to achieve capture rates of not less than (i) 35% for

the period of July 1, 2006, through June 30, 2007; (ii) 50% for

the period of July 1, 2007, through June 30, 2008; and (iii)

70% for the period of July 1, 2008, through June 30, 2009 and

for each subsequent period of July 1 through June 30. At a

minimum, the collection program must:

(1) Develop and provide educational materials that

include guidance as to which vehicles may contain mercury

switches and procedures for locating and removing mercury

switches. The materials may include, but are not limited

to, brochures, fact sheets, and videos.

(2) Conduct outreach activities to encourage vehicle

recyclers and vehicle crushers to participate in the

mercury switch collection program. The activities may

include, but are not limited to, direct mailings,

workshops, and site visits.

(3) Provide storage containers to participating

vehicle recyclers and vehicle crushers for mercury

switches removed under the program.

(4) Provide a collection and transportation system to

periodically collect and replace filled storage containers

from vehicle recyclers, vehicle crushers, and scrap metal

recyclers, either upon notification that a storage

container is full or on a schedule predetermined by the

manufacturers.

(5) Establish an entity that will serve as a point of

contact for the collection program and that will establish,

implement, and oversee the collection program on behalf of

the manufacturers.

(6) Track participation in the collection program and

the progress of mercury switch removals and collections.

(b) Within 90 days of April 24, 2006 (the effective date of

this Act), manufacturers of vehicles in Illinois that contain

mercury switches must submit to the Agency an implementation

plan that describes how the collection program under subsection

(a) of this Section will be carried out for the duration of the

program and how the program will achieve the capture rates set

forth in subsection (a) of this Section. At a minimum, the

implementation plan must:

(A) Identify the educational materials that will

assist vehicle recyclers, vehicle crushers, and scrap

metal processors in identifying, removing, and properly

managing mercury switches removed from end-of-life

vehicles.

(B) Describe the outreach program that will be

undertaken to encourage vehicle recyclers and vehicle

crushers to participate in the mercury switch collection

program.

(C) Describe how the manufacturers will ensure that

mercury switches removed from end-of-life vehicles are

managed in accordance with the Illinois Environmental

Protection Act and regulations adopted thereunder.

(D) Describe how the manufacturers will collect and

document the information required in the quarterly reports

submitted pursuant to subsection (e) of this Section.

(E) Describe how the collection program will be

financed and implemented.

(F) Identify the manufacturer's address to which the

Agency should send the notice required under subsection (f)

of this Section.

The Agency shall review the collection program plans it

receives for completeness and shall notify the manufacturer in

writing if a plan is incomplete. Within 30 days after receiving

a notification of incompleteness from the Agency the

manufacturer shall submit to the Agency a plan that contains

all of the required information.

(c) The Agency must provide assistance to manufacturers in

their implementation of the collection program required under

this Section. The assistance shall include providing

manufacturers with information about businesses likely to be

engaged in vehicle recycling or vehicle crushing, conducting

site visits to promote participation in the collection program,

and assisting with the scheduling, locating, and staffing of

workshops conducted to encourage vehicle recyclers and vehicle

crushers to participate in the collection program.

(d) Manufacturers subject to the collection program

requirements of this Section shall provide, to the extent

practicable, the opportunity for trade associations of vehicle

recyclers, vehicle crushers, and scrap metal recyclers to be

involved in the delivery and dissemination of educational

materials regarding the identification, removal, collection,

and proper management of mercury switches in end-of-life

vehicles.

(e) (Blank).

(f) If the reports required under this Act indicate that

the capture rates set forth in subsection (a) of this Section

for the period of July 1, 2007, through though June 30, 2008,

or for any subsequent period have not been met the Agency shall

provide notice that the capture rate was not met; provided,

however, that the Agency is not required to provide notice if

it determines that the capture rate was not met due to a force

majeure. The Agency shall provide the notice by posting a

statement on its website and by sending a written notice via

certified mail to the manufacturers subject to the collection

program requirement of this Section at the addresses provided

in the manufacturers' collection plans. Once the Agency

provides notice pursuant to this subsection (f) it is not

required to provide notice in subsequent periods in which the

capture rate is not met.

(g) Beginning 30 days after the Agency first provides

notice pursuant to subsection (f) of this Section, the

following shall apply:

(1) Vehicle recyclers must remove all mercury switches

from each end-of-life vehicle before delivering the

vehicle to an on-site or off-site vehicle crusher or to a

scrap metal recycler, provided that a vehicle recycler is

not required to remove a mercury switch that is

inaccessible due to significant damage to the vehicle in

the area surrounding the mercury switch that occurred

before the vehicle recycler's receipt of the vehicle in

which case the damage must be noted in the records the

vehicle recycler is required to maintain under subsection

(c) of Section 10 of this Act.

(2) No vehicle recycler, vehicle crusher, or scrap

metal recycler shall flatten, crush, or otherwise process

an end-of-life vehicle for recycling unless all mercury

switches have been removed from the vehicle, provided that

a mercury switch that is inaccessible due to significant

damage to the vehicle in the area surrounding the mercury

switch that occurred before the vehicle recycler's,

vehicle crusher's, or scrap metal recycler's receipt of the

vehicle is not required to be removed. The damage must be

noted in the records the vehicle recycler or vehicle

crusher is required to maintain under subsection (c) of

Section 10 of this Act.

(3) Notwithstanding paragraphs (1) through (2) of this

subsection (g), a scrap metal recycler may agree to accept

an end-of-life vehicle that contains one or more mercury

switches and that has not been flattened, crushed,

shredded, or otherwise processed for recycling provided

the scrap metal recycler removes all mercury switches from

the vehicle before the vehicle is flattened, crushed,

shredded, or otherwise processed for recycling. Scrap

metal recyclers are not required to remove a mercury switch

that is inaccessible due to significant damage to the

vehicle in the area surrounding the mercury switch that

occurred before the scrap metal recycler's receipt of the

vehicle. The damage must be noted in the records the scrap

metal recycler is required to maintain under subsection (c)

of Section 10 of this Act.

(4) Manufacturers subject to the collection program

requirements of this Section must provide to vehicle

recyclers, vehicle crushers, and scrap metal recyclers the

following compensation for all mercury switches removed

from end-of-life vehicles on or after the date of the

notice: $2.00 for each mercury switch removed by the

vehicle recycler, vehicle crusher, or the scrap metal

recycler, the costs of the containers in which the mercury

switches are collected, and the costs of packaging and

transporting the mercury switches off-site. Payment of

this compensation must be provided in a prompt manner.

(h) In meeting the requirements of this Section,

manufacturers may work individually or as part of a group of 2

or more manufacturers.

(Source: P.A. 97-459, eff. 7-1-12; revised 10-19-18.)

Section 630. The Consumer Electronics Recycling Act is

amended by changing Sections 1-10 and 1-25 as follows:

(415 ILCS 151/1-10)

(Text of Section before amendment by P.A. 100-1165)

(Section scheduled to be repealed on December 31, 2026)

Sec. 1-10. Manufacturer e-waste program.

(a) For program year 2019 and each program year thereafter,

each manufacturer shall, individually or collectively as part

of a manufacturer clearinghouse, provide a manufacturer

e-waste program to transport and subsequently recycle, in

accordance with the requirements of this Act, residential CEDs

collected at, and prepared for transport from, the program

collection sites and one-day collection events included in the

program during the program year.

(b) Each manufacturer e-waste program must include, at a

minimum, the following:

(1) satisfaction of the convenience standard described

in Section 1-15 of this Act;

(2) instructions for designated county recycling

coordinators and municipal joint action agencies to

annually file notice to participate in the program;

(3) transportation and subsequent recycling of the

residential CEDs collected at, and prepared for transport

from, the program collection sites and one-day collection

events included in the program during the program year; and

(4) submission of a report to the Agency, by March 1,

2020, and each March 1 thereafter, which includes:

(A) the total weight of all residential CEDs

transported from program collection sites and one-day

collection events throughout the State during the

preceding program year by CED category;

(B) the total weight of residential CEDs

transported from all program collection sites and

one-day collection events in each county in the State

during the preceding program year by CED category; and

(C) the total weight of residential CEDs

transported from all program collection sites and

one-day collection events in each county in the State

during that preceding program year and that was

recycled.

(c) Each manufacturer e-waste program shall make the

instructions required under paragraph (2) of subsection (b)

available on its website by December 1, 2017, and the program

shall provide to the Agency a hyperlink to the website for

posting on the Agency's website.

(d) Nothing in this Act shall prevent a manufacturer from

accepting, through a manufacturer e-waste program, residential

CEDs collected through a curbside collection program that is

operated pursuant to an agreement between a third party and a

unit of local government located within a county or municipal

joint action agency that has elected to participate in a

manufacturer e-waste program.

(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;

100-592, eff. 6-22-18.)

(Text of Section after amendment by P.A. 100-1165)

(Section scheduled to be repealed on December 31, 2026)

Sec. 1-10. Manufacturer e-waste program.

(a) For program year 2019 and each program year thereafter,

each manufacturer shall, individually or collectively as part

of a manufacturer clearinghouse, provide a manufacturer

e-waste program to transport and subsequently recycle, in

accordance with the requirements of this Act, residential CEDs

collected at, and prepared for transport from, the program

collection sites and one-day collection events included in the

program during the program year.

(b) Each manufacturer e-waste program must include, at a

minimum, the following:

(1) satisfaction of the convenience standard described

in Section 1-15 of this Act;

(2) instructions for designated county recycling

coordinators and municipal joint action agencies to

annually file notice to participate in the program;

(3) transportation and subsequent recycling of the

residential CEDs collected at, and prepared for transport

from, the program collection sites and one-day collection

events included in the program during the program year; and

(4) submission of a report to the Agency, by March 1,

2020, and each March 1 thereafter, which includes:

(A) the total weight of all residential CEDs

transported from program collection sites and one-day

collection events throughout the State during the

preceding program year by CED category;

(B) the total weight of residential CEDs

transported from all program collection sites and

one-day collection events in each county in the State

during the preceding program year by CED category; and

(C) the total weight of residential CEDs

transported from all program collection sites and

one-day collection events in each county in the State

during that preceding program year and that was

recycled.

(c) Each manufacturer e-waste program shall make the

instructions required under paragraph (2) of subsection (b)

available on its website by December 1, 2017, and the program

shall provide to the Agency a hyperlink to the website for

posting on the Agency's website.

(d) Nothing in this Act shall prevent a manufacturer from

accepting, through a manufacturer e-waste program, residential

CEDs collected through a curbside or drop-off collection

program that is operated pursuant to a residential franchise

collection agreement authorized by Section 11-19-1 of the

Illinois Municipal Code or Section 5-1048 of the Counties Code

between a third party and a unit of local government located

within a county or municipal joint action agency that has

elected to participate in a manufacturer e-waste program.

(e) A collection program operated in accordance with this

Section shall:

(1) meet the collector responsibilities under

subsections (a), (a-5), (d), (e), and (g) under Section

1-45 and require certification on the bill of lading or

similar manifest from the unit of local government, the

third party, and the county or municipal joint action

agency that elected to participate in the manufacturer

e-waste program that the CEDs were collected, to the best

of their knowledge, from residential consumers in the State

of Illinois;

(2) comply with the audit provisions under subsection

(g) of Section 1-30;

(3) locate any drop-off location where CEDs are

collected on property owned by a unit of local government;

and

(4) have signage at any drop-off location indicating

only residential CEDs are accepted for recycling.

Manufacturers of CEDs are not financially responsible for

transporting and consolidating CEDs collected from a

collection program's drop-off location. Any drop-off location

used in 2019 must have been identified by the county or

municipal joint action agency in the written notice of election

to participate in the manufacturer e-waste program in

accordance with Section 1-20 by March 1, 2018. Any drop-off

location operating in 2020 or in subsequent years must be

identified by the county or municipal joint action agency in

the annual written notice of election to participate in a

manufacturer e-waste program in accordance with Section 1-20 to

be eligible for the subsequent program year.

(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;

100-592, eff. 6-22-18; 100-1165, eff. 6-1-19; revised

1-15-19.)

(415 ILCS 151/1-25)

(Text of Section before amendment by P.A. 100-1165)

(Section scheduled to be repealed on December 31, 2026)

Sec. 1-25. Manufacturer e-waste program plans.

(a) By July 1, 2018, and by July 1 of each year thereafter

for the upcoming program year, beginning with program year

2019, each manufacturer shall, individually or through a

manufacturer clearinghouse, submit to the Agency a

manufacturer e-waste program plan, which includes, at a

minimum, the following:

(1) the contact information for the individual who will

serve as the point of contact for the manufacturer e-waste

program;

(2) the identity of each county that has elected to

participate in the manufacturer e-waste program during the

program year;

(3) for each county, the location of each program

collection site and one-day collection event included in

the manufacturer e-waste program for the program year;

(4) the collector operating each program collection

site and one-day collection event included in the

manufacturer e-waste program for the program year;

(5) the recyclers that manufacturers plan to use during

the program year to transport and subsequently recycle

residential CEDs under the program, with the updated list

of recyclers to be provided to the Agency no later than

December 1 preceding each program year;

(6) an explanation of any deviation by the program from

the standard program collection site distribution set

forth in subsection (a) of Section 1-15 of this Act for the

program year, along with copies of all written agreements

made pursuant to paragraphs (1) or (2) of subsection (b) of

Section 1-15 for the program year; and

(7) if a group of 2 or more manufacturers are

participating in a manufacturer clearinghouse,

certification that the methodology used for allocating

responsibility for the transportation and recycling of

residential CEDs by manufacturers participating in the

manufacturer clearinghouse for the program year will be in

compliance with the allocation methodology established

under Section 1-84.5 of this Act.

(b) Within 60 days after receiving a manufacturer e-waste

program plan, the Agency shall review the plan and approve the

plan or disapprove the plan.

(1) If the Agency determines that the program

collection sites and one-day collection events specified

in the plan will satisfy the convenience standard set forth

in Section 1-15 of this Act, then the Agency shall approve

the manufacturer e-waste program plan and provide written

notification of the approval to the individual who serves

as the point of contact for the manufacturer. The Agency

shall make the approved plan available on the Agency's

website.

(2) If the Agency determines the plan will not satisfy

the convenience standard set forth in Section 1-15 of this

Act, then the Agency shall disapprove the manufacturer

e-waste program plan and provide written notification of

the disapproval and the reasons for the disapproval to the

individual who serves as the point of contact for the

manufacturer. Within 30 days after the date of disapproval,

the manufacturer shall submit a revised manufacturer

e-waste program plan that addresses the deficiencies noted

in the Agency's disapproval.

(c) Manufacturers shall assume financial responsibility

for carrying out their e-waste program plans, including, but

not limited to, financial responsibility for providing the

packaging materials necessary to prepare shipments of

collected residential CEDs in compliance with subsection (e) of

Section 1-45, as well as financial responsibility for bulk

transportation and recycling of collected residential CEDs.

(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;

100-592, eff. 6-22-18.)

(Text of Section after amendment by P.A. 100-1165)

(Section scheduled to be repealed on December 31, 2026)

Sec. 1-25. Manufacturer e-waste program plans.

(a) By September 1, 2018 for program year 2019, and by July

1 of each year thereafter, each manufacturer shall,

individually or through a manufacturer clearinghouse, submit

to the Agency a manufacturer e-waste program plan, which

includes, at a minimum, the following:

(1) the contact information for the individual who will

serve as the point of contact for the manufacturer e-waste

program;

(2) the identity of each county that has elected to

participate in the manufacturer e-waste program during the

program year;

(3) for each county, the location of each program

collection site and one-day collection event included in

the manufacturer e-waste program for the program year;

(4) the collector operating each program collection

site and one-day collection event included in the

manufacturer e-waste program for the program year;

(5) the recyclers that manufacturers plan to use during

the program year to transport and subsequently recycle

residential CEDs under the program, with the updated list

of recyclers to be provided to the Agency no later than

December 1 preceding each program year;

(6) an explanation of any deviation by the program from

the standard program collection site distribution set

forth in subsection (a) of Section 1-15 of this Act for the

program year, along with copies of all written agreements

made pursuant to paragraphs (1) or (2) of subsection (b) of

Section 1-15 for the program year; and

(7) if a group of 2 or more manufacturers are

participating in a manufacturer clearinghouse,

certification that the methodology used for allocating

responsibility for the transportation and recycling of

residential CEDs by manufacturers participating in the

manufacturer clearinghouse for the program year will be in

compliance with the allocation methodology established

under Section 1-84.5 of this Act.

(b) Within 60 days after receiving a manufacturer e-waste

program plan, the Agency shall review the plan and approve the

plan or disapprove the plan.

(1) If the Agency determines that the program

collection sites and one-day collection events specified

in the plan will satisfy the convenience standard set forth

in Section 1-15 of this Act, then the Agency shall approve

the manufacturer e-waste program plan and provide written

notification of the approval to the individual who serves

as the point of contact for the manufacturer. The Agency

shall make the approved plan available on the Agency's

website.

(2) If the Agency determines the plan will not satisfy

the convenience standard set forth in Section 1-15 of this

Act, then the Agency shall disapprove the manufacturer

e-waste program plan and provide written notification of

the disapproval and the reasons for the disapproval to the

individual who serves as the point of contact for the

manufacturer. Within 30 days after the date of disapproval,

the manufacturer shall submit a revised manufacturer

e-waste program plan that addresses the deficiencies noted

in the Agency's disapproval.

(c) Manufacturers shall assume financial responsibility

for carrying out their e-waste program plans, including, but

not limited to, financial responsibility for providing the

packaging materials necessary to prepare shipments of

collected residential CEDs in compliance with subsection (e) of

Section 1-45, as well as financial responsibility for bulk

transportation and recycling of collected residential CEDs.

(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17;

100-592, eff. 6-22-18; 100-1165, eff. 6-1-19; revised

1-15-19.)

Section 635. The Firearms Restraining Order Act is amended

by changing Sections 5, 10, 25, 30, 35, 40, 45, 50, 55, and 70

as follows:

(430 ILCS 67/5)

Sec. 5. Definitions. As used in this Act:

"Family member of the respondent" means a spouse, parent,

child, or step-child of the respondent, any other person

related by blood or present marriage to the respondent, or a

person who shares a common dwelling with the respondent.

"Firearms restraining order" means an order issued by the

court, prohibiting and enjoining a named person from having in

his or her custody or control, purchasing, possessing, or

receiving any firearms.

"Intimate partner" means a spouse, former spouse, a person

with whom the respondent has or allegedly has a child in

common, or a person with whom the respondent has or has had a

dating or engagement relationship.

"Petitioner" means:

(1) a family member of the respondent as defined in

this Act; or

(2) a law enforcement officer, who files a petition

alleging that the respondent poses a danger of causing

personal injury to himself, herself, or another by having

in his or her custody or control, purchasing, possessing,

or receiving a firearm.

"Respondent" means the person alleged in the petition to

pose a danger of causing personal injury to himself, herself,

or another by having in his or her custody or control,

purchasing, possessing, or receiving a firearm.

(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)

(430 ILCS 67/10)

Sec. 10. Commencement of action; procedure.

(a) An action Actions for a firearms restraining order is

are commenced by filing a verified petition for a firearms

restraining order in any circuit court.

(b) A petition for a firearms restraining order may be

filed in any county where the respondent resides.

(c) No fee shall be charged by the clerk for filing,

amending, vacating, certifying, or photocopying petitions or

orders; or for issuing alias summons; or for any related filing

service. No fee shall be charged by the sheriff or other law

enforcement for service by the sheriff or other law enforcement

of a petition, rule, motion, or order in an action commenced

under this Section.

(d) The court shall provide, through the office of the

clerk of the court, simplified forms and clerical assistance to

help with the writing and filing of a petition under this

Section by any person not represented by counsel. In addition,

that assistance may be provided by the State's Attorney.

(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)

(430 ILCS 67/25)

Sec. 25. Process. The summons shall be in the form

prescribed by Supreme Court Rule 101(d), except that it shall

require the respondent to answer or appear within 7 days.

Attachments to the summons or notice shall include the petition

for the firearms restraining order and supporting affidavits,

if any, and any emergency firearms restraining order that has

been issued. The enforcement of an order under Section 35 shall

not be affected by the lack of service, delivery, or notice,

provided the requirements of subsection (f) of that Section are

otherwise met.

(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)

(430 ILCS 67/30)

Sec. 30. Service of notice of hearings. Service of notice

of hearings. Except as provided in Section 25, notice of

hearings on petitions or motions shall be served in accordance

with Supreme Court Rules 11 and 12, unless notice is excused by

Section 35 of this Act, or by the Code of Civil Procedure,

Supreme Court Rules, or local rules.

(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)

(430 ILCS 67/35)

Sec. 35. Ex parte orders and emergency hearings.

(a) A petitioner may request an emergency firearms

restraining order by filing an affidavit or verified pleading

alleging that the respondent poses an immediate and present

danger of causing personal injury to himself, herself, or

another by having in his or her custody or control, purchasing,

possessing, or receiving a firearm. The petition shall also

describe the type and location of any firearm or firearms

presently believed by the petitioner to be possessed or

controlled by the respondent.

(b) If the respondent is alleged to pose an immediate and

present danger of causing personal injury to an intimate

partner, or an intimate partner is alleged to have been the

target of a threat or act of violence by the respondent, the

petitioner shall make a good faith effort to provide notice to

any and all intimate partners of the respondent. The notice

must include that the petitioner intends to petition the court

for an emergency firearms restraining order, and, if the

petitioner is a law enforcement officer, referral to relevant

domestic violence or stalking advocacy or counseling

resources, if appropriate. The petitioner Petitioner shall

attest to having provided the notice in the filed affidavit or

verified pleading. If, after making a good faith effort, the

petitioner is unable to provide notice to any or all intimate

partners, the affidavit or verified pleading should describe

what efforts were made.

(c) Every person who files a petition for an emergency

firearms restraining order, knowing the information provided

to the court at any hearing or in the affidavit or verified

pleading to be false, is guilty of perjury under Section 32-2

of the Criminal Code of 2012.

(d) An emergency firearms restraining order shall be issued

on an ex parte basis, that is, without notice to the

respondent.

(e) An emergency hearing held on an ex parte basis shall be

held the same day that the petition is filed or the next day

that the court is in session.

(f) If a circuit or associate judge finds probable cause to

believe that the respondent poses an immediate and present

danger of causing personal injury to himself, herself, or

another by having in his or her custody or control, purchasing,

possessing, or receiving a firearm, the circuit or associate

judge shall issue an emergency order.

(f-5) If the court issues an emergency firearms restraining

order, it shall, upon a finding of probable cause that the

respondent possesses firearms, issue a search warrant

directing a law enforcement agency to seize the respondent's

firearms. The court may, as part of that warrant, direct the

law enforcement agency to search the respondent's residence and

other places where the court finds there is probable cause to

believe he or she is likely to possess the firearms.

(g) An emergency firearms restraining order shall require:

(1) the respondent to refrain from having in his or her

custody or control, purchasing, possessing, or receiving

additional firearms for the duration of the order; and

(2) the respondent to turn over to the local law

enforcement agency any Firearm Owner's Identification Card

and concealed carry license in his or her possession. The

local law enforcement agency shall immediately mail the

card and concealed carry license to the Department of State

Police Firearm Services Bureau for safekeeping. The

firearm or firearms and Firearm Owner's Identification

Card and concealed carry license, if unexpired, shall be

returned to the respondent after the firearms restraining

order is terminated or expired.

(h) Except as otherwise provided in subsection (h-5) of

this Section, upon expiration of the period of safekeeping, if

the firearms or Firearm Owner's Identification Card and

concealed carry license cannot be returned to the respondent

because the respondent cannot be located, fails to respond to

requests to retrieve the firearms, or is not lawfully eligible

to possess a firearm, upon petition from the local law

enforcement agency, the court may order the local law

enforcement agency to destroy the firearms, use the firearms

for training purposes, or use the firearms for any other

application as deemed appropriate by the local law enforcement

agency.

(h-5) A respondent whose Firearm Owner's Identification

Card has been revoked or suspended may petition the court, if

the petitioner is present in court or has notice of the

respondent's petition, to transfer the respondent's firearm to

a person who is lawfully able to possess the firearm if the

person does not reside at the same address as the respondent.

Notice of the petition shall be served upon the person

protected by the emergency firearms restraining order. While

the order is in effect, the transferee who receives the

respondent's firearms must swear or affirm by affidavit that he

or she shall not transfer the firearm to the respondent or to

anyone residing in the same residence as the respondent.

(h-6) If a person other than the respondent claims title to

any firearms surrendered under this Section, he or she may

petition the court, if the petitioner is present in court or

has notice of the petition, to have the firearm returned to him

or her. If the court determines that person to be the lawful

owner of the firearm, the firearm shall be returned to him or

her, provided that:

(1) the firearm is removed from the respondent's

custody, control, or possession and the lawful owner agrees

to store the firearm in a manner such that the respondent

does not have access to or control of the firearm; and

(2) the firearm is not otherwise unlawfully possessed

by the owner.

The person petitioning for the return of his or her firearm

must swear or affirm by affidavit that he or she: (i) is the

lawful owner of the firearm; (ii) shall not transfer the

firearm to the respondent; and (iii) will store the firearm in

a manner that the respondent does not have access to or control

of the firearm.

(i) In accordance with subsection (e) of this Section, the

court shall schedule a full hearing as soon as possible, but no

longer than 14 days from the issuance of an ex parte firearms

restraining order, to determine if a 6-month firearms

restraining order shall be issued. The court may extend an ex

parte order as needed, but not to exceed 14 days, to effectuate

service of the order or if necessary to continue protection.

The court may extend the order for a greater length of time by

mutual agreement of the parties.

(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)

(430 ILCS 67/40)

Sec. 40. Six-month Six month orders.

(a) A petitioner may request a 6-month firearms restraining

order by filing an affidavit or verified pleading alleging that

the respondent poses a significant danger of causing personal

injury to himself, herself, or another in the near future by

having in his or her custody or control, purchasing,

possessing, or receiving a firearm. The petition shall also

describe the number, types, and locations of any firearms

presently believed by the petitioner to be possessed or

controlled by the respondent.

(b) If the respondent is alleged to pose a significant

danger of causing personal injury to an intimate partner, or an

intimate partner is alleged to have been the target of a threat

or act of violence by the respondent, the petitioner shall make

a good faith effort to provide notice to any and all intimate

partners of the respondent. The notice must include that the

petitioner intends to petition the court for a 6-month firearms

restraining order, and, if the petitioner is a law enforcement

officer, referral to relevant domestic violence or stalking

advocacy or counseling resources, if appropriate. The

petitioner Petitioner shall attest to having provided the

notice in the filed affidavit or verified pleading. If, after

making a good faith effort, the petitioner is unable to provide

notice to any or all intimate partners, the affidavit or

verified pleading should describe what efforts were made.

(c) Every person who files a petition for a 6-month

firearms restraining order, knowing the information provided

to the court at any hearing or in the affidavit or verified

pleading to be false, is guilty of perjury under Section 32-2

of the Criminal Code of 2012.

(d) Upon receipt of a petition for a 6-month firearms

restraining order, the court shall order a hearing within 30

days.

(e) In determining whether to issue a firearms restraining

order under this Section, the court shall consider evidence

including, but not limited to, the following:

(1) The unlawful and reckless use, display, or

brandishing of a firearm by the respondent.

(2) The history of use, attempted use, or threatened

use of physical force by the respondent against another

person.

(3) Any prior arrest of the respondent for a felony

offense.

(4) Evidence of the abuse of controlled substances or

alcohol by the respondent.

(5) A recent threat of violence or act of violence by

the respondent directed toward himself, herself, or

another.

(6) A violation of an emergency order of protection

issued under Section 217 of the Illinois Domestic Violence

Act of 1986 or Section 112A-17 of the Code of Criminal

Procedure of 1963 or of an order of protection issued under

Section 214 of the Illinois Domestic Violence Act of 1986

or Section 112A-14 of the Code of Criminal Procedure of

1963.

(7) A pattern of violent acts or violent threats,

including, but not limited to, threats of violence or acts

of violence by the respondent directed toward himself,

herself, or another.

(f) At the hearing, the petitioner shall have the burden of

proving, by clear and convincing evidence, that the respondent

poses a significant danger of personal injury to himself,

herself, or another by having in his or her custody or control,

purchasing, possessing, or receiving a firearm.

(g) If the court finds that there is clear and convincing

evidence to issue a firearms restraining order, the court shall

issue a firearms restraining order that shall be in effect for

6 months subject to renewal under Section 45 of this Act or

termination under that Section.

(g-5) If the court issues a 6-month firearms restraining

order, it shall, upon a finding of probable cause that the

respondent possesses firearms, issue a search warrant

directing a law enforcement agency to seize the respondent's

firearms. The court may, as part of that warrant, direct the

law enforcement agency to search the respondent's residence and

other places where the court finds there is probable cause to

believe he or she is likely to possess the firearms.

(h) A 6-month firearms restraining order shall require:

(1) the respondent to refrain from having in his or her

custody or control, purchasing, possessing, or receiving

additional firearms for the duration of the order; and

(2) the respondent to turn over to the local law

enforcement agency any firearm or Firearm Owner's

Identification Card and concealed carry license in his or

her possession. The local law enforcement agency shall

immediately mail the card and concealed carry license to

the Department of State Police Firearm Services Bureau for

safekeeping. The firearm or firearms and Firearm Owner's

Identification Card and concealed carry license, if

unexpired, shall be returned to the respondent after the

firearms restraining order is terminated or expired.

(i) Except as otherwise provided in subsection (i-5) of

this Section, upon expiration of the period of safekeeping, if

the firearms or Firearm Owner's Identification Card cannot be

returned to the respondent because the respondent cannot be

located, fails to respond to requests to retrieve the firearms,

or is not lawfully eligible to possess a firearm, upon petition

from the local law enforcement agency, the court may order the

local law enforcement agency to destroy the firearms, use the

firearms for training purposes, or use the firearms for any

other application as deemed appropriate by the local law

enforcement agency.

(i-5) A respondent whose Firearm Owner's Identification

Card has been revoked or suspended may petition the court, if

the petitioner is present in court or has notice of the

respondent's petition, to transfer the respondent's firearm to

a person who is lawfully able to possess the firearm if the

person does not reside at the same address as the respondent.

Notice of the petition shall be served upon the person

protected by the emergency firearms restraining order. While

the order is in effect, the transferee who receives the

respondent's firearms must swear or affirm by affidavit that he

or she shall not transfer the firearm to the respondent or to

anyone any one residing in the same residence as the

respondent.

(i-6) If a person other than the respondent claims title to

any firearms surrendered under this Section, he or she may

petition the court, if the petitioner is present in court or

has notice of the petition, to have the firearm returned to him

or her. If the court determines that person to be the lawful

owner of the firearm, the firearm shall be returned to him or

her, provided that:

(1) the firearm is removed from the respondent's

custody, control, or possession and the lawful owner agrees

to store the firearm in a manner such that the respondent

does not have access to or control of the firearm; and

(2) the firearm is not otherwise unlawfully possessed

by the owner.

The person petitioning for the return of his or her firearm

must swear or affirm by affidavit that he or she: (i) is the

lawful owner of the firearm; (ii) shall not transfer the

firearm to the respondent; and (iii) will store the firearm in

a manner that the respondent does not have access to or control

of the firearm.

(j) If the court does not issue a firearms restraining

order at the hearing, the court shall dissolve any emergency

firearms restraining order then in effect.

(k) When the court issues a firearms restraining order

under this Section, the court shall inform the respondent that

he or she is entitled to one hearing during the period of the

order to request a termination of the order, under Section 45

of this Act, and shall provide the respondent with a form to

request a hearing.

(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)

(430 ILCS 67/45)

Sec. 45. Termination and renewal.

(a) A person subject to a firearms restraining order issued

under this Act may submit one written request at any time

during the effective period of the order for a hearing to

terminate the order.

(1) The respondent shall have the burden of proving by

a preponderance of the evidence that the respondent does

not pose a danger of causing personal injury to himself,

herself, or another in the near future by having in his or

her custody or control, purchasing, possessing, or

receiving a firearm.

(2) If the court finds after the hearing that the

respondent has met his or her burden, the court shall

terminate the order.

(b) A petitioner may request a renewal of a firearms

restraining order at any time within the 3 months before the

expiration of a firearms restraining order.

(1) A court shall, after notice and a hearing, renew a

firearms restraining order issued under this part if the

petitioner proves, by clear and convincing evidence, that

the respondent continues to pose a danger of causing

personal injury to himself, herself, or another in the near

future by having in his or her custody or control,

purchasing, possessing, or receiving a firearm.

(2) In determining whether to renew a firearms

restraining order issued under this Act, the court shall

consider evidence of the facts identified in subsection (e)

of Section 40 of this Act and any other evidence of an

increased risk for violence.

(3) At the hearing, the petitioner shall have the

burden of proving, by clear and convincing evidence that

the respondent continues to pose a danger of causing

personal injury to himself, herself, or another in the near

future by having in his or her custody or control,

purchasing, possessing, or receiving a firearm.

(4) The renewal of a firearms restraining order issued

under this Section shall be in effect for 6 months, subject

to termination by further order of the court at a hearing

held under this Section and further renewal by further

order of the court under this Section.

(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)

(430 ILCS 67/50)

Sec. 50. Notice of orders.

(a) Entry and issuance. Upon issuance of any firearms

restraining order, the clerk shall immediately, or on the next

court day if an emergency firearms restraining order is issued

in accordance with Section 35 of this Act (emergency firearms

restraining order): , (i) enter the order on the record and file

it in accordance with the circuit court procedures and (ii)

provide a file stamped copy of the order to the respondent, if

present, and to the petitioner.

(b) Filing with sheriff. The clerk of the issuing judge

shall, or the petitioner may, on the same day that a firearms

restraining order is issued, file a certified copy of that

order with the sheriff or other law enforcement officials

charged with maintaining Department of State Police records or

charged with serving the order upon the respondent. If the

order was issued in accordance with Section 35 of this Act

(emergency firearms restraining order), the clerk shall, on the

next court day, file a certified copy of the order with the

sheriff or other law enforcement officials charged with

maintaining Department of State Police records.

(c) Service by sheriff. Unless the respondent was present

in court when the order was issued, the sheriff or other law

enforcement official shall promptly serve that order upon the

respondent and file proof of the service, in the manner

provided for service of process in civil proceedings. Instead

of serving the order upon the respondent, however, the sheriff,

other law enforcement official, or other persons defined in

Section 112A-22.10 of the Code of Criminal Procedure Criminal

Code of 1963 may serve the respondent with a short form

notification as provided in that Section. If process has not

yet been served upon the respondent, it shall be served with

the order or short form notification if the service is made by

the sheriff, or other law enforcement official.

(d) Any order renewing or terminating any firearms

restraining order shall be promptly recorded, issued, and

served as provided in this Section.

(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)

(430 ILCS 67/55)

Sec. 55. Data maintenance by law enforcement agencies.

(a) All sheriffs shall furnish to the Department of State

Police, daily, in the form and detail the Department requires,

copies of any recorded firearms restraining orders order issued

by the court, and any foreign orders of protection filed by the

clerk of the court, and transmitted to the sheriff by the clerk

of the court under Section 50. Each firearms restraining order

shall be entered in the Law Enforcement Agencies Data System

(LEADS) on the same day it is issued by the court. If an

emergency firearms restraining order was issued in accordance

with Section 35 of this Act, the order shall be entered in the

Law Enforcement Agencies Data System (LEADS) as soon as

possible after receipt from the clerk.

(b) The Department of State Police shall maintain a

complete and systematic record and index of all valid and

recorded firearms restraining orders issued or filed under this

Act. The data shall be used to inform all dispatchers and law

enforcement officers at the scene of a violation of a firearms

restraining order of the effective dates and terms of any

recorded order of protection.

(c) The data, records, and transmittals required under this

Section shall pertain to any valid emergency or 6-month

firearms restraining order, whether issued in a civil or

criminal proceeding or authorized under the laws of another

state, tribe, or United States territory.

(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)

(430 ILCS 67/70)

Sec. 70. Non-preclusion of remedies. Nothing in this Act

shall preclude a petitioner or law enforcement law-enforcement

officer from removing weapons under other authority, or filing

criminal charges when probable cause exists.

(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)

Section 640. The Farmer Equity Act is amended by changing

Section 15 as follows:

(505 ILCS 72/15)

Sec. 15. Inclusion of socially disadvantaged farmers.

(a) The Department shall ensure the inclusion of socially

disadvantaged farmers, including socially disadvantaged

farmers in urbanized areas, in the development, adoption,

implementation, and enforcement of food and agriculture laws,

regulations, policies, and programs.

(b) The Department shall:

(1) consult with the Director of the Environmental

Protection Agency, the Director of Natural Resources, the

Executive Director of the Illinois Housing Development

Authority, the Secretary of Human Services, and other

interested parties of the public and private sector of the

State on opportunities for socially disadvantaged farmers

to coordinate State programs;

(2) disseminate information regarding opportunities

provided by, including, but not limited to, the United

States Department of Agriculture, the United States

Environmental Protection Agency, the General Accounting

Office, the Office of Management and Budget, and other

federal agencies that that have programs that may assist

socially disadvantaged farmers; and

(3) evaluate opportunities for the inclusion of

socially disadvantaged farmers in boards, committees,

commissions, and other similar positions created by the

Department.

(Source: P.A. 100-1039, eff. 8-23-18; revised 10-3-18.)

Section 645. The Food and Agriculture Research Act is

amended by changing Section 25 as follows:

(505 ILCS 82/25)

Sec. 25. Administrative oversight. (a) The Department of

Agriculture shall provide general administrative oversight

with the assistance and advice of duly elected Board of

Directors of the Illinois Council on Food and Agricultural

Research. Food and agricultural research administrators at

each of the universities shall administer the specifics of the

funded research programs. Annually the Illinois Council on Food

and Agricultural Research administrators shall prepare a

combined proposed budget for the research that the Director of

Agriculture shall submit to the Governor for inclusion in the

Executive budget and consideration by the General Assembly. The

budget shall specify major categories of proposed

expenditures, including salary, wages, and fringe benefits;

operation and maintenance; supplies and expenses; and capital

improvements.

(b) (Blank).

(Source: P.A. 100-621, eff. 7-20-18; revised 10-3-18.)

Section 650. The Animal Control Act is amended by changing

Section 15.5 as follows:

(510 ILCS 5/15.5)

Sec. 15.5. Reckless dog owner; complaint; penalty.

(a) The Administrator, State's Attorney, Director, or any

citizen may file a complaint in circuit court to determine

whether a person is a reckless dog owner. If an owner is

determined to be a reckless dog owner by clear and convincing

evidence, the court shall order the immediate impoundment and

forfeiture of all dogs the reckless dog owner has a property

right in. Forfeiture may be to any licensed shelter, rescue, or

sanctuary. The court shall further prohibit the property right

ownership of a dog by the person determined to be a reckless

dog owner for a period of at least 12 months, but not more than

36 months for the first reckless dog owner determination.

(a-5) A dog's history during ownership by a person found to

be a reckless dog owner shall not be considered conclusive of

the dog's temperament and qualification for adoption or

transfer. The dog's temperament shall be independently

evaluated by a person qualified to conduct behavioral

assessments and, if the dog is deemed adoptable, the receiving

facility shall make a reasonable attempt to place the dog in

another home, transfer the dog to rescue, or place the dog in a

sanctuary.

(b) A person who refuses to forfeit a dog under this

Section is in a violation which carries a public safety fine of

$500 for each dog. The fine shall to be deposited into the Pet

Population Control Fund. Each day a person fails to comply with

a forfeiture or prohibition ordered under this Section shall

constitute a separate offense.

(Source: P.A. 100-971, eff. 1-1-19; revised 10-3-18.)

Section 655. The Police Service Dog Protection Act is

amended by changing Section 15 as follows:

(510 ILCS 83/15)

Sec. 15. Vehicles transporting police dogs; requirements.

A vehicle used to transport a police dog shall be equipped with

a heat sensor monitoring device which shall:

(1) monitor the internal temperature of the vehicle in

which the police dog is being transported;

(2) provide an audible and visual notification in the

vehicle if the interior temperature reaches 85 degrees

Fahrenheit which remotely notifies the law enforcement

officer responsible for the police dog or the law

enforcement agency's 24-hour 24 hour dispatch center; and

(3) have a safety mechanism to reduce the interior

temperature of the vehicle.

(Source: P.A. 100-666, eff. 1-1-19; revised 10-3-18.)

Section 660. The Wildlife Code is amended by changing

Sections 2.26, 2.36a, 3.1-9, 3.2, and 3.3 as follows:

(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)

Sec. 2.26. Deer hunting permits. Any person attempting to

take deer shall first obtain a "Deer Hunting Permit" issued by

the Department in accordance with its administrative rules.

Those rules must provide for the issuance of the following

types of resident deer archery permits: (i) a combination

permit, consisting of one either-sex permit and one

antlerless-only permit, (ii) a single antlerless-only permit,

and (iii) a single either-sex permit. The fee for a Deer

Hunting Permit to take deer with either bow and arrow or gun

shall not exceed $25.00 for residents of the State. The

Department may by administrative rule provide for non-resident

deer hunting permits for which the fee will not exceed $300 in

2005, $350 in 2006, and $400 in 2007 and thereafter except as

provided below for non-resident landowners and non-resident

archery hunters. The Department may by administrative rule

provide for a non-resident archery deer permit consisting of

not more than 2 harvest tags at a total cost not to exceed $325

in 2005, $375 in 2006, and $425 in 2007 and thereafter. The

fees for a youth resident and non-resident archery deer permit

shall be the same.

The standards and specifications for use of guns and bow

and arrow for deer hunting shall be established by

administrative rule.

No person may have in his or her possession any firearm not

authorized by administrative rule for a specific hunting season

when taking deer.

Persons having a firearm deer hunting permit shall be

permitted to take deer only during the period from 1/2 hour

before sunrise to 1/2 hour after sunset, and only during those

days for which an open season is established for the taking of

deer by use of shotgun, handgun, or muzzle loading rifle.

Persons having an archery deer hunting permit shall be

permitted to take deer only during the period from 1/2 hour

before sunrise to 1/2 hour after sunset, and only during those

days for which an open season is established for the taking of

deer by use of bow and arrow.

It shall be unlawful for any person to take deer by use of

dogs, horses, automobiles, aircraft or other vehicles, or by

the use or aid of bait or baiting of any kind. For the purposes

of this Section, "bait" means any material, whether liquid or

solid, including food, salt, minerals, and other products,

except pure water, that can be ingested, placed, or scattered

in such a manner as to attract or lure white-tailed deer.

"Baiting" means the placement or scattering of bait to attract

deer. An area is considered as baited during the presence of

and for 10 consecutive days following the removal of bait.

Nothing in this Section shall prohibit the use of a dog to

track wounded deer. Any person using a dog for tracking wounded

deer must maintain physical control of the dog at all times by

means of a maximum 50 foot lead attached to the dog's collar or

harness. Tracking wounded deer is permissible at night, but at

no time outside of legal deer hunting hours or seasons shall

any person handling or accompanying a dog being used for

tracking wounded deer be in possession of any firearm or

archery device. Persons tracking wounded deer with a dog during

the firearm deer seasons shall wear blaze orange or solid blaze

pink color as required. Dog handlers tracking wounded deer with

a dog are exempt from hunting license and deer permit

requirements so long as they are accompanied by the licensed

deer hunter who wounded the deer.

It shall be unlawful to possess or transport any wild deer

which has been injured or killed in any manner upon a public

highway or public right-of-way of this State unless exempted by

administrative rule.

Persons hunting deer must have gun unloaded and no bow and

arrow device shall be carried with the arrow in the nocked

position during hours when deer hunting is unlawful.

It shall be unlawful for any person, having taken the legal

limit of deer by gun, to further participate with gun in any

deer hunting party.

It shall be unlawful for any person, having taken the legal

limit of deer by bow and arrow, to further participate with bow

and arrow in any deer hunting party.

The Department may prohibit upland game hunting during the

gun deer season by administrative rule.

The Department shall not limit the number of non-resident,

either-sex archery deer hunting permits to less than 20,000.

Any person who violates any of the provisions of this

Section, including administrative rules, shall be guilty of a

Class B misdemeanor.

For the purposes of calculating acreage under this Section,

the Department shall, after determining the total acreage of

the applicable tract or tracts of land, round remaining

fractional portions of an acre greater than or equal to half of

an acre up to the next whole acre.

For the purposes of taking white-tailed deer, nothing in

this Section shall be construed to prevent the manipulation,

including mowing or cutting, of standing crops as a normal

agricultural or soil stabilization practice, food plots, or

normal agricultural practices, including planting, harvesting,

and maintenance such as cultivating or the use of products

designed for scent only and not capable of ingestion, solid or

liquid, placed or scattered, in such a manner as to attract or

lure deer. Such manipulation for the purpose of taking

white-tailed deer may be further modified by administrative

rule.

(Source: P.A. 99-642, eff. 7-28-16; 99-869, eff. 1-1-17;

100-691, eff. 1-1-19; 100-949, eff. 1-1-19; revised 10-9-18.)

(520 ILCS 5/2.36a) (from Ch. 61, par. 2.36a)

Sec. 2.36a. Value of protected species; violations.

(a) Any person who, for profit or commercial purposes,

knowingly captures or kills, possesses, offers for sale, sells,

offers to barter, barters, offers to purchase, purchases,

delivers for shipment, ships, exports, imports, causes to be

shipped, exported, or imported, delivers for transportation,

transports or causes to be transported, carries or causes to be

carried, or receives for shipment, transportation, carriage,

or export any animal or part of animal of the species protected

by this Act, contrary to the provisions of this Act, and such

animals, in whole or in part, are valued at or in excess of a

total of $300, as per specie value specified in subsection (c)

of this Section, commits a Class 3 felony.

A person shall be guilty of a Class 4 felony if convicted

under this Section for more than one violation within a 90-day

period where the animals of each violation are not valued at or

in excess of $300, but the total value of the animals from the

multiple violations is at or in excess of $300. The prosecution

for a Class 4 felony for these multiple violations must be

alleged in a single charge or indictment and brought in a

single prosecution.

(b) Possession of animals, in whole or in part, captured or

killed in violation of this Act, valued at or in excess of

$600, as per specie value specified in subsection (c) of this

Section, shall be considered prima facie evidence of possession

for profit or commercial purposes.

(c) For purposes of this Section, the fair market value or

replacement cost, whichever is greater, shall be used to

determine the value of the species protected by this Act, but

in no case shall the minimum value of all species protected by

this Act be less than as follows:

(1) Eagle, $1,000;

(2) Whitetail deer, $1,000 and wild turkey, $500;

(3) Fur-bearing mammals, $50;

(4) Game birds (except the wild turkey) and migratory

game birds (except Trumpeter swans), $50;

(5) Owls, hawks, falcons, kites, harriers, and

ospreys, and other birds of prey, $250;

(6) Game mammals (except whitetail deer), $50;

(7) Other mammals, $100;

(8) Resident and migratory non-game birds (except

birds of prey), $100;

(9) Trumpeter swans, $1,000.

(d) In this subsection (d), "point" means a projection on

the antler of a whitetail antlered deer that is at least

one-inch long as measured from the tip to the nearest edge of

antler beam and the length of which exceeds the length of its

base. A person who possesses whitetail antlered deer, in whole

or in part, captured or killed in violation of this Act, shall

pay restitution to the Department in the amount of $1,000 per

whitetail antlered deer and an additional $500 per antler

point, for each whitetail antlered deer with at least 8 but not

more than 10 antler points. For whitetail antlered deer with 11

or more antler points, restitution of $1,000 shall be paid to

the Department per whitetail antlered deer plus $750 per antler

point.

(Source: P.A. 100-960, eff. 8-19-18; revised 10-3-18.)

(520 ILCS 5/3.1-9)

Sec. 3.1-9. Youth Hunting and Trapping License.

(a) Before any or non-resident youth under 18 years of age

shall take or attempt to take any species protected by Section

2.2 of this Code for which an open season is established, he or

she shall first procure and possess a valid Youth Hunting and

Trapping License. The Youth Hunting and Trapping License shall

be a renewable license that shall expire on the March 31

following the date of issuance. The fee for a Youth Hunting and

Trapping License is $7.

A Youth Hunting and Trapping License shall entitle the

licensee to hunt while supervised by an adult who is 21 years

of age or older and has a valid Illinois hunting license.

A youth licensed under this subsection (a) shall not hunt

or carry a hunting device, including, but not limited to, a

firearm, bow and arrow, or crossbow unless the youth is

accompanied by and under the close personal supervision of an

adult who is 21 years of age or older and has a valid Illinois

hunting license.

The Department shall adopt rules for the administration of

the program, but shall not require any certificate of

competency or other hunting or trapping education as a

condition of the Youth Hunting and Trapping License. If a youth

has a valid certificate of competency for hunting from a hunter

safety course approved by the Department, he or she is exempt

from the supervision requirements for youth hunters in this

Section.

(b) or non-resident A Youth Hunting and Trapping License

shall entitle the licensee to trap while supervised by an adult

who is 21 years of age or older and has a valid Illinois

trapping license.

A youth licensed under this Section shall not trap or carry

a hunting device, including, but not limited to, a firearm, bow

and arrow, or crossbow unless the youth is accompanied by and

under the close personal supervision of an adult who is 21

years of age or older and has a valid Illinois trapping

license.

The Department shall adopt rules for the administration of

the program, but shall not require any certificate of

competency or other trapping education as a condition of the

Youth Hunting and Trapping License. If a youth has a valid

certificate of competency for trapping from a trapper safety

course approved by the Department, then he or she is exempt

from the supervision requirements for youth trappers in this

Section.

(Source: P.A. 99-78, eff. 7-20-15; 99-307, eff. 1-1-16; 99-868,

eff. 1-1-17; 100-638, eff. 1-1-19; 100-691, eff. 1-1-19;

revised 10-18-18.)

(520 ILCS 5/3.2) (from Ch. 61, par. 3.2)

Sec. 3.2. Hunting license; application; instruction.

Before the Department or any county, city, village, township,

incorporated town clerk or his duly designated agent or any

other person authorized or designated by the Department to

issue hunting licenses shall issue a hunting license to any

person, the person shall file his application with the

Department or other party authorized to issue licenses on a

form provided by the Department and further give definite proof

of identity and place of legal residence. Each clerk

designating agents to issue licenses and stamps shall furnish

the Department, within 10 days following the appointment, the

names and mailing addresses of the agents. Each clerk or his

duly designated agent shall be authorized to sell licenses and

stamps only within the territorial area for which he was

elected or appointed. No duly designated agent is authorized to

furnish licenses or stamps for issuance by any other business

establishment. Each application shall be executed and sworn to

and shall set forth the name and description of the applicant

and place of residence.

No hunting license shall be issued to any person born on or

after January 1, 1980 unless he presents the person authorized

to issue the license evidence that he has held a hunting

license issued by the State of Illinois or another state in a

prior year, or a certificate of competency as provided in this

Section. Persons under 18 years of age may be issued a Lifetime

Hunting or Sportsmen's Combination License as provided under

Section 20-45 of the Fish and Aquatic Life Code but shall not

be entitled to hunt alone, without the supervision of an adult

age 21 or older order, unless they have a certificate of

competency as provided in this Section and the certificate is

in their possession while hunting.

The Department of Natural Resources shall authorize

personnel of the Department or certified volunteer instructors

to conduct courses, of not less than 10 hours in length, in

firearms and hunter safety, which may include training in bow

and arrow safety, at regularly specified intervals throughout

the State. Persons successfully completing the course shall

receive a certificate of competency. The Department of Natural

Resources may further cooperate with any reputable association

or organization in establishing courses if the organization has

as one of its objectives the promotion of safety in the

handling of firearms or bow and arrow.

The Department of Natural Resources shall designate any

person found by it to be competent to give instruction in the

handling of firearms, hunter safety, and bow and arrow. The

persons so appointed shall give the course of instruction and

upon the successful completion shall issue to the person

instructed a certificate of competency in the safe handling of

firearms, hunter safety, and bow and arrow. No charge shall be

made for any course of instruction except for materials or

ammunition consumed. The Department of Natural Resources shall

furnish information on the requirements of hunter safety

education programs to be distributed free of charge to

applicants for hunting licenses by the persons appointed and

authorized to issue licenses. Funds for the conducting of

firearms and hunter safety courses shall be taken from the fee

charged for the Firearm Owners Identification Card.

The fee for a hunting license to hunt all species for a

resident of Illinois is $12. For residents age 65 or older,

and, commencing with the 2012 license year, resident veterans

of the United States Armed Forces after returning from service

abroad or mobilization by the President of the United States,

the fee is one-half of the fee charged for a hunting license to

hunt all species for a resident of Illinois. Veterans must

provide to the Department, at one of the Department's 5

regional offices, verification of their service. The

Department shall establish what constitutes suitable

verification of service for the purpose of issuing resident

veterans hunting licenses at a reduced fee. The fee for a

hunting license to hunt all species shall be $1 for residents

over 75 years of age. Nonresidents shall be charged $57 for a

hunting license.

Nonresidents may be issued a nonresident hunting license

for a period not to exceed 10 consecutive days' hunting in the

State and shall be charged a fee of $35.

A special nonresident hunting license authorizing a

nonresident to take game birds by hunting on a game breeding

and hunting preserve area only, established under Section 3.27,

shall be issued upon proper application being made and payment

of a fee equal to that for a resident hunting license. The

expiration date of this license shall be on the same date each

year that game breeding and hunting preserve area licenses

expire.

Each applicant for a State Migratory Waterfowl Stamp,

regardless of his residence or other condition, shall pay a fee

of $15 and shall receive a stamp. The fee for a State Migratory

Waterfowl Stamp shall be waived for residents over 75 years of

age. Except as provided under Section 20-45 of the Fish and

Aquatic Life Code, the stamp shall be signed by the person or

affixed to his license or permit in a space designated by the

Department for that purpose.

Each applicant for a State Habitat Stamp, regardless of his

residence or other condition, shall pay a fee of $5 and shall

receive a stamp. The fee for a State Habitat Stamp shall be

waived for residents over 75 years of age. Except as provided

under Section 20-45 of the Fish and Aquatic Life Code, the

stamp shall be signed by the person or affixed to his license

or permit in a space designated by the Department for that

purpose.

Nothing in this Section shall be construed as to require

the purchase of more than one State Habitat Stamp by any person

in any one license year.

The fees for State Pheasant Stamps and State Furbearer

Stamps shall be waived for residents over 75 years of age.

The Department shall furnish the holders of hunting

licenses and stamps with an insignia as evidence of possession

of license, or license and stamp, as the Department may

consider advisable. The insignia shall be exhibited and used as

the Department may order.

All other hunting licenses and all State stamps shall

expire upon March 31 of each year.

Every person holding any license, permit, or stamp issued

under the provisions of this Act shall have it in his

possession for immediate presentation for inspection to the

officers and authorized employees of the Department, any

sheriff, deputy sheriff, or any other peace officer making a

demand for it. This provision shall not apply to Department

owned or managed sites where it is required that all hunters

deposit their license, permit, or Firearm Owner's

Identification Card at the check station upon entering the

hunting areas.

(Source: P.A. 100-638, eff. 1-1-19; revised 10-3-18.)

(520 ILCS 5/3.3) (from Ch. 61, par. 3.3)

Sec. 3.3. Trapping license required. Before any person

shall trap any of the mammals protected by this Act, for which

an open trapping season has been established, he shall first

procure a trapping license from the Department to do so. No

traps shall be placed in the field, set or unset, prior to the

opening day of the trapping season.

Traps used in the taking of such mammals shall be marked or

tagged with metal tags or inscribed in lettering giving the

name and address of the owner or the customer identification

number issued by the Department, and absence of such mark or

tag shall be prima facie evidence that such trap or traps are

illegally used and the trap or traps shall be confiscated and

disposed of as directed by the Department.

Before any person 18 years of age or older shall trap,

attempt to trap, or sell the green hides of any mammal of the

species defined as fur-bearing mammals by Section 2.2 for which

an open season is established under this Act, he shall first

have procured a State Habitat Stamp.

Beginning January 1, 2016, no trapping license shall be

issued to any person born on or after January 1, 1998 unless he

or she presents to the authorized issuer of the license

evidence that he or she has a certificate of competency

provided for in this Section.

The Department of Natural Resources shall authorize

personnel of the Department, or volunteer instructors, found by

the Department to be competent, to provide instruction in

courses on trapping techniques and ethical trapping behavior as

needed throughout the State, which courses shall be at least 8

hours in length. Persons so authorized shall provide

instruction in such courses to individuals at no charge, and

shall issue to individuals successfully completing such

courses certificates of competency in basic trapping

techniques. The Department shall cooperate in establishing

such courses with any reputable association or organization

which has as one of its objectives the promotion of the ethical

use of legal fur harvesting devices and techniques. The

Department shall furnish information on the requirements of the

trapper education program to be distributed free of charge to

applicants for trapping licenses by the persons appointed and

authorized to issue licenses.

The owners residing on, or bona fide tenants of farm lands,

and their children actually residing on such lands, shall have

the right to trap mammals protected by this Act, for which an

open trapping season has been established, upon such lands,

without procuring licenses, provided that such mammals are

taken during the periods of time and with such devices as are

permitted by this Act.

(Source: P.A. 99-868, eff. 1-1-17; 100-638, eff. 1-1-19;

100-964, eff. 8-19-18; revised 10-9-18.)

Section 665. The Pollinator Friendly Solar Site Act is

amended by changing Sections 1 and 15 as follows:

(525 ILCS 55/1)

Sec. 1. Short title. This Act may be cited as the

Pollinator-Friendly Pollinator Friendly Solar Site Act.

(Source: P.A. 100-1022, eff. 8-21-18; revised 10-3-18.)

(525 ILCS 55/15)

Sec. 15. Recognition of beneficial habitat. An owner or

manager of a solar site with a generating capacity of more than

40 kilowatts implementing site management practices under this

Act may claim that the site is "pollinator-friendly" or

provides benefits to game birds, songbirds, and pollinators

only if the site adheres to guidance set forth by the

pollinator-friendly pollinator friendly scorecard published by

the Department in consultation with the University of Illinois,

Department of Entomology. The scorecard shall be posted on the

Department's website on or before 6 months after the effective

date of this Act. An owner making a beneficial habitat claim

shall make the solar site's pollinator scorecard, and where

available, related vegetation management plans, available to

the public and provide a copy to the Department and a nonprofit

solar industry trade association of this State.

(Source: P.A. 100-1022, eff. 8-21-18; revised 10-3-18.)

Section 670. The Illinois Vehicle Code is amended by

changing Sections 2-123, 3-117.1, 3-808.1, 3-815, 6-109,

6-118, 6-303, 6-525, 8-101, 11-501.01, 11-501.7, 12-610.2,

12-806a, 15-301, 18c-1304, 18c-4502, and 18c-7401 and by

setting forth and renumbering multiple versions of Section

3-699.15 as follows:

(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)

Sec. 2-123. Sale and distribution of information.

(a) Except as otherwise provided in this Section, the

Secretary may make the driver's license, vehicle and title

registration lists, in part or in whole, and any statistical

information derived from these lists available to local

governments, elected state officials, state educational

institutions, and all other governmental units of the State and

Federal Government requesting them for governmental purposes.

The Secretary shall require any such applicant for services to

pay for the costs of furnishing such services and the use of

the equipment involved, and in addition is empowered to

establish prices and charges for the services so furnished and

for the use of the electronic equipment utilized.

(b) The Secretary is further empowered to and he may, in

his discretion, furnish to any applicant, other than listed in

subsection (a) of this Section, vehicle or driver data on a

computer tape, disk, other electronic format or computer

processable medium, or printout at a fixed fee of $250 for

orders received before October 1, 2003 and $500 for orders

received on or after October 1, 2003, in advance, and require

in addition a further sufficient deposit based upon the

Secretary of State's estimate of the total cost of the

information requested and a charge of $25 for orders received

before October 1, 2003 and $50 for orders received on or after

October 1, 2003, per 1,000 units or part thereof identified or

the actual cost, whichever is greater. The Secretary is

authorized to refund any difference between the additional

deposit and the actual cost of the request. This service shall

not be in lieu of an abstract of a driver's record nor of a

title or registration search. This service may be limited to

entities purchasing a minimum number of records as required by

administrative rule. The information sold pursuant to this

subsection shall be the entire vehicle or driver data list, or

part thereof. The information sold pursuant to this subsection

shall not contain personally identifying information unless

the information is to be used for one of the purposes

identified in subsection (f-5) of this Section. Commercial

purchasers of driver and vehicle record databases shall enter

into a written agreement with the Secretary of State that

includes disclosure of the commercial use of the information to

be purchased.

(b-1) The Secretary is further empowered to and may, in his

or her discretion, furnish vehicle or driver data on a computer

tape, disk, or other electronic format or computer processible

medium, at no fee, to any State or local governmental agency

that uses the information provided by the Secretary to transmit

data back to the Secretary that enables the Secretary to

maintain accurate driving records, including dispositions of

traffic cases. This information may be provided without fee not

more often than once every 6 months.

(c) Secretary of State may issue registration lists. The

Secretary of State may compile a list of all registered

vehicles. Each list of registered vehicles shall be arranged

serially according to the registration numbers assigned to

registered vehicles and may contain in addition the names and

addresses of registered owners and a brief description of each

vehicle including the serial or other identifying number

thereof. Such compilation may be in such form as in the

discretion of the Secretary of State may seem best for the

purposes intended.

(d) The Secretary of State shall furnish no more than 2

current available lists of such registrations to the sheriffs

of all counties and to the chiefs of police of all cities and

villages and towns of 2,000 population and over in this State

at no cost. Additional copies may be purchased by the sheriffs

or chiefs of police at the fee of $500 each or at the cost of

producing the list as determined by the Secretary of State.

Such lists are to be used for governmental purposes only.

(e) (Blank).

(e-1) (Blank).

(f) The Secretary of State shall make a title or

registration search of the records of his office and a written

report on the same for any person, upon written application of

such person, accompanied by a fee of $5 for each registration

or title search. The written application shall set forth the

intended use of the requested information. No fee shall be

charged for a title or registration search, or for the

certification thereof requested by a government agency. The

report of the title or registration search shall not contain

personally identifying information unless the request for a

search was made for one of the purposes identified in

subsection (f-5) of this Section. The report of the title or

registration search shall not contain highly restricted

personal information unless specifically authorized by this

Code.

The Secretary of State shall certify a title or

registration record upon written request. The fee for

certification shall be $5 in addition to the fee required for a

title or registration search. Certification shall be made under

the signature of the Secretary of State and shall be

authenticated by Seal of the Secretary of State.

The Secretary of State may notify the vehicle owner or

registrant of the request for purchase of his title or

registration information as the Secretary deems appropriate.

No information shall be released to the requester requestor

until expiration of a 10-day 10 day period. This 10-day 10 day

period shall not apply to requests for information made by law

enforcement officials, government agencies, financial

institutions, attorneys, insurers, employers, automobile

associated businesses, persons licensed as a private detective

or firms licensed as a private detective agency under the

Private Detective, Private Alarm, Private Security,

Fingerprint Vendor, and Locksmith Act of 2004, who are employed

by or are acting on behalf of law enforcement officials,

government agencies, financial institutions, attorneys,

insurers, employers, automobile associated businesses, and

other business entities for purposes consistent with the

Illinois Vehicle Code, the vehicle owner or registrant or other

entities as the Secretary may exempt by rule and regulation.

Any misrepresentation made by a requester requestor of

title or vehicle information shall be punishable as a petty

offense, except in the case of persons licensed as a private

detective or firms licensed as a private detective agency which

shall be subject to disciplinary sanctions under Section 40-10

of the Private Detective, Private Alarm, Private Security,

Fingerprint Vendor, and Locksmith Act of 2004.

(f-5) The Secretary of State shall not disclose or

otherwise make available to any person or entity any personally

identifying information obtained by the Secretary of State in

connection with a driver's license, vehicle, or title

registration record unless the information is disclosed for one

of the following purposes:

(1) For use by any government agency, including any

court or law enforcement agency, in carrying out its

functions, or any private person or entity acting on behalf

of a federal, State, or local agency in carrying out its

functions.

(2) For use in connection with matters of motor vehicle

or driver safety and theft; motor vehicle emissions; motor

vehicle product alterations, recalls, or advisories;

performance monitoring of motor vehicles, motor vehicle

parts, and dealers; and removal of non-owner records from

the original owner records of motor vehicle manufacturers.

(3) For use in the normal course of business by a

legitimate business or its agents, employees, or

contractors, but only:

(A) to verify the accuracy of personal information

submitted by an individual to the business or its

agents, employees, or contractors; and

(B) if such information as so submitted is not

correct or is no longer correct, to obtain the correct

information, but only for the purposes of preventing

fraud by, pursuing legal remedies against, or

recovering on a debt or security interest against, the

individual.

(4) For use in research activities and for use in

producing statistical reports, if the personally

identifying information is not published, redisclosed, or

used to contact individuals.

(5) For use in connection with any civil, criminal,

administrative, or arbitral proceeding in any federal,

State, or local court or agency or before any

self-regulatory body, including the service of process,

investigation in anticipation of litigation, and the

execution or enforcement of judgments and orders, or

pursuant to an order of a federal, State, or local court.

(6) For use by any insurer or insurance support

organization or by a self-insured entity or its agents,

employees, or contractors in connection with claims

investigation activities, antifraud activities, rating, or

underwriting.

(7) For use in providing notice to the owners of towed

or impounded vehicles.

(8) For use by any person licensed as a private

detective or firm licensed as a private detective agency

under the Private Detective, Private Alarm, Private

Security, Fingerprint Vendor, and Locksmith Act of 2004,

private investigative agency or security service licensed

in Illinois for any purpose permitted under this

subsection.

(9) For use by an employer or its agent or insurer to

obtain or verify information relating to a holder of a

commercial driver's license that is required under chapter

313 of title 49 of the United States Code.

(10) For use in connection with the operation of

private toll transportation facilities.

(11) For use by any requester, if the requester

demonstrates it has obtained the written consent of the

individual to whom the information pertains.

(12) For use by members of the news media, as defined

in Section 1-148.5, for the purpose of newsgathering when

the request relates to the operation of a motor vehicle or

public safety.

(13) For any other use specifically authorized by law,

if that use is related to the operation of a motor vehicle

or public safety.

(f-6) The Secretary of State shall not disclose or

otherwise make available to any person or entity any highly

restricted personal information obtained by the Secretary of

State in connection with a driver's license, vehicle, or title

registration record unless specifically authorized by this

Code.

(g) 1. The Secretary of State may, upon receipt of a

written request and a fee as set forth in Section 6-118,

furnish to the person or agency so requesting a driver's record

or data contained therein. Such document may include a record

of: current driver's license issuance information, except that

the information on judicial driving permits shall be available

only as otherwise provided by this Code; convictions; orders

entered revoking, suspending or cancelling a driver's license

or privilege; and notations of accident involvement. All other

information, unless otherwise permitted by this Code, shall

remain confidential. Information released pursuant to a

request for a driver's record shall not contain personally

identifying information, unless the request for the driver's

record was made for one of the purposes set forth in subsection

(f-5) of this Section. The Secretary of State may, without fee,

allow a parent or guardian of a person under the age of 18

years, who holds an instruction permit or graduated driver's

license, to view that person's driving record online, through a

computer connection. The parent or guardian's online access to

the driving record will terminate when the instruction permit

or graduated driver's license holder reaches the age of 18.

2. The Secretary of State shall not disclose or otherwise

make available to any person or entity any highly restricted

personal information obtained by the Secretary of State in

connection with a driver's license, vehicle, or title

registration record unless specifically authorized by this

Code. The Secretary of State may certify an abstract of a

driver's record upon written request therefor. Such

certification shall be made under the signature of the

Secretary of State and shall be authenticated by the Seal of

his office.

3. All requests for driving record information shall be

made in a manner prescribed by the Secretary and shall set

forth the intended use of the requested information.

The Secretary of State may notify the affected driver of

the request for purchase of his driver's record as the

Secretary deems appropriate.

No information shall be released to the requester until

expiration of a 10-day 10 day period. This 10-day 10 day period

shall not apply to requests for information made by law

enforcement officials, government agencies, financial

institutions, attorneys, insurers, employers, automobile

associated businesses, persons licensed as a private detective

or firms licensed as a private detective agency under the

Private Detective, Private Alarm, Private Security,

Fingerprint Vendor, and Locksmith Act of 2004, who are employed

by or are acting on behalf of law enforcement officials,

government agencies, financial institutions, attorneys,

insurers, employers, automobile associated businesses, and

other business entities for purposes consistent with the

Illinois Vehicle Code, the affected driver or other entities as

the Secretary may exempt by rule and regulation.

Any misrepresentation made by a requester requestor of

driver information shall be punishable as a petty offense,

except in the case of persons licensed as a private detective

or firms licensed as a private detective agency which shall be

subject to disciplinary sanctions under Section 40-10 of the

Private Detective, Private Alarm, Private Security,

Fingerprint Vendor, and Locksmith Act of 2004.

4. The Secretary of State may furnish without fee, upon the

written request of a law enforcement agency, any information

from a driver's record on file with the Secretary of State when

such information is required in the enforcement of this Code or

any other law relating to the operation of motor vehicles,

including records of dispositions; documented information

involving the use of a motor vehicle; whether such individual

has, or previously had, a driver's license; and the address and

personal description as reflected on said driver's record.

5. Except as otherwise provided in this Section, the

Secretary of State may furnish, without fee, information from

an individual driver's record on file, if a written request

therefor is submitted by any public transit system or

authority, public defender, law enforcement agency, a state or

federal agency, or an Illinois local intergovernmental

association, if the request is for the purpose of a background

check of applicants for employment with the requesting agency,

or for the purpose of an official investigation conducted by

the agency, or to determine a current address for the driver so

public funds can be recovered or paid to the driver, or for any

other purpose set forth in subsection (f-5) of this Section.

The Secretary may also furnish the courts a copy of an

abstract of a driver's record, without fee, subsequent to an

arrest for a violation of Section 11-501 or a similar provision

of a local ordinance. Such abstract may include records of

dispositions; documented information involving the use of a

motor vehicle as contained in the current file; whether such

individual has, or previously had, a driver's license; and the

address and personal description as reflected on said driver's

record.

6. Any certified abstract issued by the Secretary of State

or transmitted electronically by the Secretary of State

pursuant to this Section, to a court or on request of a law

enforcement agency, for the record of a named person as to the

status of the person's driver's license shall be prima facie

evidence of the facts therein stated and if the name appearing

in such abstract is the same as that of a person named in an

information or warrant, such abstract shall be prima facie

evidence that the person named in such information or warrant

is the same person as the person named in such abstract and

shall be admissible for any prosecution under this Code and be

admitted as proof of any prior conviction or proof of records,

notices, or orders recorded on individual driving records

maintained by the Secretary of State.

7. Subject to any restrictions contained in the Juvenile

Court Act of 1987, and upon receipt of a proper request and a

fee as set forth in Section 6-118, the Secretary of State shall

provide a driver's record or data contained therein to the

affected driver, or the affected driver's attorney, upon

verification. Such record shall contain all the information

referred to in paragraph 1 of this subsection (g) plus: any

recorded accident involvement as a driver; information

recorded pursuant to subsection (e) of Section 6-117 and

paragraph (4) of subsection (a) of Section 6-204 of this Code.

All other information, unless otherwise permitted by this Code,

shall remain confidential.

(h) The Secretary shall not disclose social security

numbers or any associated information obtained from the Social

Security Administration except pursuant to a written request

by, or with the prior written consent of, the individual

except: (1) to officers and employees of the Secretary who have

a need to know the social security numbers in performance of

their official duties, (2) to law enforcement officials for a

lawful, civil or criminal law enforcement investigation, and if

the head of the law enforcement agency has made a written

request to the Secretary specifying the law enforcement

investigation for which the social security numbers are being

sought, (3) to the United States Department of Transportation,

or any other State, pursuant to the administration and

enforcement of the Commercial Motor Vehicle Safety Act of 1986,

(4) pursuant to the order of a court of competent jurisdiction,

(5) to the Department of Healthcare and Family Services

(formerly Department of Public Aid) for utilization in the

child support enforcement duties assigned to that Department

under provisions of the Illinois Public Aid Code after the

individual has received advanced meaningful notification of

what redisclosure is sought by the Secretary in accordance with

the federal Privacy Act, (5.5) to the Department of Healthcare

and Family Services and the Department of Human Services solely

for the purpose of verifying Illinois residency where such

residency is an eligibility requirement for benefits under the

Illinois Public Aid Code or any other health benefit program

administered by the Department of Healthcare and Family

Services or the Department of Human Services, (6) to the

Illinois Department of Revenue solely for use by the Department

in the collection of any tax or debt that the Department of

Revenue is authorized or required by law to collect, provided

that the Department shall not disclose the social security

number to any person or entity outside of the Department, or

(7) to the Illinois Department of Veterans' Affairs for the

purpose of confirming veteran status.

(i) (Blank).

(j) Medical statements or medical reports received in the

Secretary of State's Office shall be confidential. Except as

provided in this Section, no confidential information may be

open to public inspection or the contents disclosed to anyone,

except officers and employees of the Secretary who have a need

to know the information contained in the medical reports and

the Driver License Medical Advisory Board, unless so directed

by an order of a court of competent jurisdiction. If the

Secretary receives a medical report regarding a driver that

does not address a medical condition contained in a previous

medical report, the Secretary may disclose the unaddressed

medical condition to the driver or his or her physician, or

both, solely for the purpose of submission of a medical report

that addresses the condition.

(k) Disbursement of fees collected under this Section shall

be as follows: (1) of the $12 fee for a driver's record, $3

shall be paid into the Secretary of State Special Services

Fund, and $6 shall be paid into the General Revenue Fund; (2)

50% of the amounts collected under subsection (b) shall be paid

into the General Revenue Fund; and (3) all remaining fees shall

be disbursed under subsection (g) of Section 2-119 of this

Code.

(l) (Blank).

(m) Notations of accident involvement that may be disclosed

under this Section shall not include notations relating to

damage to a vehicle or other property being transported by a

tow truck. This information shall remain confidential,

provided that nothing in this subsection (m) shall limit

disclosure of any notification of accident involvement to any

law enforcement agency or official.

(n) Requests made by the news media for driver's license,

vehicle, or title registration information may be furnished

without charge or at a reduced charge, as determined by the

Secretary, when the specific purpose for requesting the

documents is deemed to be in the public interest. Waiver or

reduction of the fee is in the public interest if the principal

purpose of the request is to access and disseminate information

regarding the health, safety, and welfare or the legal rights

of the general public and is not for the principal purpose of

gaining a personal or commercial benefit. The information

provided pursuant to this subsection shall not contain

personally identifying information unless the information is

to be used for one of the purposes identified in subsection

(f-5) of this Section.

(o) The redisclosure of personally identifying information

obtained pursuant to this Section is prohibited, except to the

extent necessary to effectuate the purpose for which the

original disclosure of the information was permitted.

(p) The Secretary of State is empowered to adopt rules to

effectuate this Section.

(Source: P.A. 99-127, eff. 1-1-16; 100-590, eff. 6-8-18;

revised 10-11-18.)

(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)

Sec. 3-117.1. When junking certificates or salvage

certificates must be obtained.

(a) Except as provided in Chapter 4 and Section 3-117.3 of

this Code, a person who possesses a junk vehicle shall within

15 days cause the certificate of title, salvage certificate,

certificate of purchase, or a similarly acceptable

out-of-state out of state document of ownership to be

surrendered to the Secretary of State along with an application

for a junking certificate, except as provided in Section

3-117.2, whereupon the Secretary of State shall issue to such a

person a junking certificate, which shall authorize the holder

thereof to possess, transport, or, by an endorsement, transfer

ownership in such junked vehicle, and a certificate of title

shall not again be issued for such vehicle. The owner of a junk

vehicle is not required to surrender the certificate of title

under this subsection if (i) there is no lienholder on the

certificate of title or (ii) the owner of the junk vehicle has

a valid lien release from the lienholder releasing all interest

in the vehicle and the owner applying for the junk certificate

matches the current record on the certificate of title file for

the vehicle.

A licensee who possesses a junk vehicle and a Certificate

of Title, Salvage Certificate, Certificate of Purchase, or a

similarly acceptable out-of-state document of ownership for

such junk vehicle, may transport the junk vehicle to another

licensee prior to applying for or obtaining a junking

certificate, by executing a uniform invoice. The licensee

transferor shall furnish a copy of the uniform invoice to the

licensee transferee at the time of transfer. In any case, the

licensee transferor shall apply for a junking certificate in

conformance with Section 3-117.1 of this Chapter. The following

information shall be contained on a uniform invoice:

(1) The business name, address and dealer license

number of the person disposing of the vehicle, junk vehicle

or vehicle cowl;

(2) The name and address of the person acquiring the

vehicle, junk vehicle or vehicle cowl, and if that person

is a dealer, the Illinois or out-of-state dealer license

number of that dealer;

(3) The date of the disposition of the vehicle, junk

vehicle or vehicle cowl;

(4) The year, make, model, color and description of

each vehicle, junk vehicle or vehicle cowl disposed of by

such person;

(5) The manufacturer's vehicle identification number,

Secretary of State identification number or Illinois

Department of State Police number, for each vehicle, junk

vehicle or vehicle cowl part disposed of by such person;

(6) The printed name and legible signature of the

person or agent disposing of the vehicle, junk vehicle or

vehicle cowl; and

(7) The printed name and legible signature of the

person accepting delivery of the vehicle, junk vehicle or

vehicle cowl.

The Secretary of State may certify a junking manifest in a

form prescribed by the Secretary of State that reflects those

vehicles for which junking certificates have been applied or

issued. A junking manifest may be issued to any person and it

shall constitute evidence of ownership for the vehicle listed

upon it. A junking manifest may be transferred only to a person

licensed under Section 5-301 of this Code as a scrap processor.

A junking manifest will allow the transportation of those

vehicles to a scrap processor prior to receiving the junk

certificate from the Secretary of State.

(b) An application for a salvage certificate shall be

submitted to the Secretary of State in any of the following

situations:

(1) When an insurance company makes a payment of

damages on a total loss claim for a vehicle, the insurance

company shall be deemed to be the owner of such vehicle and

the vehicle shall be considered to be salvage except that

ownership of (i) a vehicle that has incurred only hail

damage that does not affect the operational safety of the

vehicle or (ii) any vehicle 9 model years of age or older

may, by agreement between the registered owner and the

insurance company, be retained by the registered owner of

such vehicle. The insurance company shall promptly deliver

or mail within 20 days the certificate of title along with

proper application and fee to the Secretary of State, and a

salvage certificate shall be issued in the name of the

insurance company. Notwithstanding the foregoing, an

insurer making payment of damages on a total loss claim for

the theft of a vehicle shall not be required to apply for a

salvage certificate unless the vehicle is recovered and has

incurred damage that initially would have caused the

vehicle to be declared a total loss by the insurer.

(1.1) When a vehicle of a self-insured company is to be

sold in the State of Illinois and has sustained damaged by

collision, fire, theft, rust corrosion, or other means so

that the self-insured company determines the vehicle to be

a total loss, or if the cost of repairing the damage,

including labor, would be greater than 70% of its fair

market value without that damage, the vehicle shall be

considered salvage. The self-insured company shall

promptly deliver the certificate of title along with proper

application and fee to the Secretary of State, and a

salvage certificate shall be issued in the name of the

self-insured company. A self-insured company making

payment of damages on a total loss claim for the theft of a

vehicle may exchange the salvage certificate for a

certificate of title if the vehicle is recovered without

damage. In such a situation, the self-insured shall fill

out and sign a form prescribed by the Secretary of State

which contains an affirmation under penalty of perjury that

the vehicle was recovered without damage and the Secretary

of State may, by rule, require photographs to be submitted.

(2) When a vehicle the ownership of which has been

transferred to any person through a certificate of purchase

from acquisition of the vehicle at an auction, other

dispositions as set forth in Sections 4-208 and 4-209 of

this Code, or a lien arising under Section 18a-501 of this

Code shall be deemed salvage or junk at the option of the

purchaser. The person acquiring such vehicle in such manner

shall promptly deliver or mail, within 20 days after the

acquisition of the vehicle, the certificate of purchase,

the proper application and fee, and, if the vehicle is an

abandoned mobile home under the Abandoned Mobile Home Act,

a certification from a local law enforcement agency that

the vehicle was purchased or acquired at a public sale

under the Abandoned Mobile Home Act to the Secretary of

State and a salvage certificate or junking certificate

shall be issued in the name of that person. The salvage

certificate or junking certificate issued by the Secretary

of State under this Section shall be free of any lien that

existed against the vehicle prior to the time the vehicle

was acquired by the applicant under this Code.

(3) A vehicle which has been repossessed by a

lienholder shall be considered to be salvage only when the

repossessed vehicle, on the date of repossession by the

lienholder, has sustained damage by collision, fire,

theft, rust corrosion, or other means so that the cost of

repairing such damage, including labor, would be greater

than 33 1/3% of its fair market value without such damage.

If the lienholder determines that such vehicle is damaged

in excess of 33 1/3% of such fair market value, the

lienholder shall, before sale, transfer or assignment of

the vehicle, make application for a salvage certificate,

and shall submit with such application the proper fee and

evidence of possession. If the facts required to be shown

in subsection (f) of Section 3-114 are satisfied, the

Secretary of State shall issue a salvage certificate in the

name of the lienholder making the application. In any case

wherein the vehicle repossessed is not damaged in excess of

33 1/3% of its fair market value, the lienholder shall

comply with the requirements of subsections (f), (f-5), and

(f-10) of Section 3-114, except that the affidavit of

repossession made by or on behalf of the lienholder shall

also contain an affirmation under penalty of perjury that

the vehicle on the date of sale is not damaged in excess of

33 1/3% of its fair market value. If the facts required to

be shown in subsection (f) of Section 3-114 are satisfied,

the Secretary of State shall issue a certificate of title

as set forth in Section 3-116 of this Code. The Secretary

of State may by rule or regulation require photographs to

be submitted.

(4) A vehicle which is a part of a fleet of more than 5

commercial vehicles registered in this State or any other

state or registered proportionately among several states

shall be considered to be salvage when such vehicle has

sustained damage by collision, fire, theft, rust,

corrosion or similar means so that the cost of repairing

such damage, including labor, would be greater than 33 1/3%

of the fair market value of the vehicle without such

damage. If the owner of a fleet vehicle desires to sell,

transfer, or assign his interest in such vehicle to a

person within this State other than an insurance company

licensed to do business within this State, and the owner

determines that such vehicle, at the time of the proposed

sale, transfer or assignment is damaged in excess of 33

1/3% of its fair market value, the owner shall, before such

sale, transfer or assignment, make application for a

salvage certificate. The application shall contain with it

evidence of possession of the vehicle. If the fleet vehicle

at the time of its sale, transfer, or assignment is not

damaged in excess of 33 1/3% of its fair market value, the

owner shall so state in a written affirmation on a form

prescribed by the Secretary of State by rule or regulation.

The Secretary of State may by rule or regulation require

photographs to be submitted. Upon sale, transfer or

assignment of the fleet vehicle the owner shall mail the

affirmation to the Secretary of State.

(5) A vehicle that has been submerged in water to the

point that rising water has reached over the door sill and

has entered the passenger or trunk compartment is a "flood

vehicle". A flood vehicle shall be considered to be salvage

only if the vehicle has sustained damage so that the cost

of repairing the damage, including labor, would be greater

than 33 1/3% of the fair market value of the vehicle

without that damage. The salvage certificate issued under

this Section shall indicate the word "flood", and the word

"flood" shall be conspicuously entered on subsequent

titles for the vehicle. A person who possesses or acquires

a flood vehicle that is not damaged in excess of 33 1/3% of

its fair market value shall make application for title in

accordance with Section 3-116 of this Code, designating the

vehicle as "flood" in a manner prescribed by the Secretary

of State. The certificate of title issued shall indicate

the word "flood", and the word "flood" shall be

conspicuously entered on subsequent titles for the

vehicle.

(6) When any licensed rebuilder, repairer, new or used

vehicle dealer, or remittance agent has submitted an

application for title to a vehicle (other than an

application for title to a rebuilt vehicle) that he or she

knows or reasonably should have known to have sustained

damages in excess of 33 1/3% of the vehicle's fair market

value without that damage; provided, however, that any

application for a salvage certificate for a vehicle

recovered from theft and acquired from an insurance company

shall be made as required by paragraph (1) of this

subsection (b).

(c) Any person who without authority acquires, sells,

exchanges, gives away, transfers or destroys or offers to

acquire, sell, exchange, give away, transfer or destroy the

certificate of title to any vehicle which is a junk or salvage

vehicle shall be guilty of a Class 3 felony.

(d) Except as provided under subsection (a), any person who

knowingly fails to surrender to the Secretary of State a

certificate of title, salvage certificate, certificate of

purchase or a similarly acceptable out-of-state document of

ownership as required under the provisions of this Section is

guilty of a Class A misdemeanor for a first offense and a Class

4 felony for a subsequent offense; except that a person

licensed under this Code who violates paragraph (5) of

subsection (b) of this Section is guilty of a business offense

and shall be fined not less than $1,000 nor more than $5,000

for a first offense and is guilty of a Class 4 felony for a

second or subsequent violation.

(e) Any vehicle which is salvage or junk may not be driven

or operated on roads and highways within this State. A

violation of this subsection is a Class A misdemeanor. A

salvage vehicle displaying valid special plates issued under

Section 3-601(b) of this Code, which is being driven to or from

an inspection conducted under Section 3-308 of this Code, is

exempt from the provisions of this subsection. A salvage

vehicle for which a short term permit has been issued under

Section 3-307 of this Code is exempt from the provisions of

this subsection for the duration of the permit.

(Source: P.A. 99-932, eff. 6-1-17; 100-104, eff. 11-9-17;

100-956, eff. 1-1-19; 100-1083, eff. 1-1-19; revised

10-11-18.)

(625 ILCS 5/3-699.15)

Sec. 3-699.15. Coast Guard license plates.

(a) The Secretary, upon receipt of all applicable fees and

applications made in the form prescribed by the Secretary of

State, may issue special registration plates designated as U.S.

Coast Guard plates. The special plates issued under this

Section shall be affixed only to passenger vehicles of the

first division or motor vehicles of the second division

weighing not more than 8,000 pounds. Plates under this Section

shall expire according to the multi-year procedure established

by Section 3-414.1 of this Code.

(b) The design and color of the special plates shall be

wholly within the discretion of the Secretary. Appropriate

documentation, as determined by the Secretary, shall accompany

each application.

(c) An applicant shall be charged a $26 fee for the

original issuance in addition to the appropriate registration

fee, if applicable. Of this fee, $11 shall be deposited into

the Illinois Veterans' Homes Fund and $15 shall be deposited

into the Secretary of State Special License Plate Fund. For

each registration renewal period, a $26 fee, in addition to the

appropriate registration fee, shall be charged. Of this fee,

$24 shall be deposited into the Illinois Veterans' Homes Fund

and $2 shall be deposited into the Secretary of State Special

License Plate Fund.

(Source: P.A. 100-73, eff. 1-1-18.)

(625 ILCS 5/3-699.16)

Sec. 3-699.16 3-699.15. Operation Desert Shield/Desert

Storm license plates.

(a) The Secretary, upon receipt of an application made in

the form prescribed by the Secretary, may issue special

registration plates designated as Operation Desert

Shield/Desert Storm license plates to any Illinois resident who

has earned the Southwest Asia Service Medal from the United

States Armed Forces. The special plates issued under this

Section may be affixed only to passenger vehicles of the first

division, motorcycles, or motor vehicles of the second division

weighing not more than 8,000 pounds. Plates issued under this

Section shall expire according to the staggered multi-year

procedure established by Section 3-414.1 of this Code.

(b) The design, color, and format of the plates shall be

wholly within the discretion of the Secretary. Appropriate

documentation, as determined by the Secretary, and the

appropriate registration fee shall accompany the application.

The Secretary may, in his or her discretion, allow the plates

to be issued as vanity plates or personalized in accordance

with Section 3-405.1 of this Code. The plates are not required

to designate "Land of Lincoln", as prescribed in subsection (b)

of Section 3-412 of this Code. The Secretary shall, in his or

her discretion, approve and prescribe stickers or decals as

provided under Section 3-412.

(Source: P.A. 100-820, eff. 8-13-18; revised 10-22-18.)

(625 ILCS 5/3-808.1) (from Ch. 95 1/2, par. 3-808.1)

Sec. 3-808.1. Permanent vehicle registration plate.

(a) Permanent vehicle registration plates shall be issued,

at no charge, to the following:

1. Vehicles, other than medical transport vehicles,

owned and operated by the State of Illinois or by any State

agency financed by funds appropriated by the General

Assembly;

2. Special disability plates issued to vehicles owned

and operated by the State of Illinois or by any State

agency financed by funds appropriated by the General

Assembly.

(b) Permanent vehicle registration plates shall be issued,

for a one-time one time fee of $8.00, to the following:

1. Vehicles, other than medical transport vehicles,

operated by or for any county, township or municipal

corporation.

2. Vehicles owned by counties, townships or municipal

corporations for persons with disabilities.

3. Beginning with the 1991 registration year,

county-owned vehicles operated by or for any county sheriff

and designated deputy sheriffs. These registration plates

shall contain the specific county code and unit number.

4. All-terrain vehicles owned by counties, townships,

or municipal corporations and used for law enforcement

purposes when the Manufacturer's Statement of Origin is

accompanied with a letter from the original manufacturer or

a manufacturer's franchised dealer stating that this

all-terrain vehicle has been converted to a street worthy

vehicle that meets the equipment requirements set forth in

Chapter 12 of this Code.

5. Beginning with the 2001 registration year,

municipally owned municipally-owned vehicles operated by

or for any police department. These registration plates

shall contain the designation "municipal police" and shall

be numbered and distributed as prescribed by the Secretary

of State.

6. Beginning with the 2014 registration year,

municipally owned, fire district owned, or Mutual Aid Box

Alarm System (MABAS) owned vehicles operated by or for any

fire department, fire protection district, or MABAS. These

registration plates shall display the designation "Fire

Department" and shall display the specific fire

department, fire district, fire unit, or MABAS division

number or letter.

7. Beginning with the 2017 registration year, vehicles

that do not require a school bus driver permit under

Section 6-104 to operate and are not registered under

Section 3-617 of this Code, and are owned by a public

school district from grades K-12 or a public community

college.

8. Beginning with the 2017 registration year, vehicles

of the first division or vehicles of the second division

weighing not more than 8,000 pounds that are owned by a

medical facility or hospital of a municipality, county, or

township.

9. Beginning with the 2020 registration year, 2-axle

motor vehicles that (i) are designed and used as buses in a

public system for transporting more than 10 passengers;

(ii) are used as common carriers in the general

transportation of passengers and not devoted to any

specialized purpose; (iii) operate entirely within the

territorial limits of a single municipality or a single

municipality and contiguous municipalities; and (iv) are

subject to the regulation of the Illinois Commerce

Commission. The owner of a vehicle under this paragraph is

exempt from paying a flat weight tax or a mileage weight

tax under this Code.

(b-5) Beginning with the 2016 registration year, permanent

vehicle registration plates shall be issued for a one-time fee

of $8.00 to a county, township, or municipal corporation that

owns or operates vehicles used for the purpose of community

workplace commuting as defined by the Secretary of State by

administrative rule. The design and color of the plates shall

be wholly within the discretion of the Secretary. The Secretary

of State may adopt rules to implement this subsection (b-5).

(c) Beginning with the 2012 registration year,

county-owned vehicles operated by or for any county sheriff and

designated deputy sheriffs that have been issued registration

plates under subsection (b) of this Section shall be exempt

from any fee for the transfer of registration from one vehicle

to another vehicle. Each county sheriff shall report to the

Secretary of State any transfer of registration plates from one

vehicle to another vehicle operated by or for any county

sheriff and designated deputy sheriffs. The Secretary of State

shall adopt rules to implement this subsection (c).

(c-5) Beginning with the 2014 registration year,

municipally owned, fire district owned, or Mutual Aid Box Alarm

System (MABAS) owned vehicles operated by or for any fire

department, fire protection district, or MABAS that have been

issued registration plates under subsection (b) of this Section

shall be exempt from any fee for the transfer of registration

from one vehicle to another vehicle. Each fire department, fire

protection district, of MABAS shall report to the Secretary of

State any transfer of registration plates from one vehicle to

another vehicle operated by or for any fire department, fire

protection district, or MABAS. The Secretary of State shall

adopt rules to implement this subsection.

(d) Beginning with the 2013 registration year, municipally

owned municipally-owned vehicles operated by or for any police

department that have been issued registration plates under

subsection (b) of this Section shall be exempt from any fee for

the transfer of registration from one vehicle to another

vehicle. Each municipal police department shall report to the

Secretary of State any transfer of registration plates from one

vehicle to another vehicle operated by or for any municipal

police department. The Secretary of State shall adopt rules to

implement this subsection (d).

(e) Beginning with the 2016 registration year, any vehicle

owned or operated by a county, township, or municipal

corporation that has been issued registration plates under this

Section is exempt from any fee for the transfer of registration

from one vehicle to another vehicle. Each county, township, or

municipal corporation shall report to the Secretary of State

any transfer of registration plates from one vehicle to another

vehicle operated by or for any county, township, or municipal

corporation.

(f) Beginning with the 2020 registration year, any vehicle

owned or operated by a public school district from grades K-12,

a public community college, or a medical facility or hospital

of a municipality, county, or township that has been issued

registration plates under this Section is exempt from any fee

for the transfer of registration from one vehicle to another

vehicle. Each school district, public community college, or

medical facility or hospital shall report to the Secretary any

transfer of registration plates from one vehicle to another

vehicle operated by the school district, public community

college, or medical facility.

(Source: P.A. 99-166, eff. 7-28-15; 99-707, eff. 7-29-16;

100-956, eff. 1-1-19; revised 10-3-18.)

(625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)

Sec. 3-815. Flat weight tax; vehicles of the second

division.

(a) Except as provided in Section 3-806.3 and 3-804.3,

every owner of a vehicle of the second division registered

under Section 3-813, and not registered under the mileage

weight tax under Section 3-818, shall pay to the Secretary of

State, for each registration year, for the use of the public

highways, a flat weight tax at the rates set forth in the

following table, the rates including the $10 registration fee:

SCHEDULE OF FLAT WEIGHT TAX

REQUIRED BY LAW

Gross Weight in Lbs. Total Fees Including Vehicle each Fiscal and Maximum Load Class year 8,000 lbs. and less B $98 8,001 lbs. to 10,000 lbs. C 118 10,001 lbs. to 12,000 lbs. D 138 12,001 lbs. to 16,000 lbs. F 242 16,001 lbs. to 26,000 lbs. H 490 26,001 lbs. to 28,000 lbs. J 630 28,001 lbs. to 32,000 lbs. K 842 32,001 lbs. to 36,000 lbs. L 982 36,001 lbs. to 40,000 lbs. N 1,202 40,001 lbs. to 45,000 lbs. P 1,390 45,001 lbs. to 50,000 lbs. Q 1,538 50,001 lbs. to 54,999 lbs. R 1,698 55,000 lbs. to 59,500 lbs. S 1,830 59,501 lbs. to 64,000 lbs. T 1,970 64,001 lbs. to 73,280 lbs. V 2,294 73,281 lbs. to 77,000 lbs. X 2,622 77,001 lbs. to 80,000 lbs. Z 2,790

Beginning with the 2010 registration year a $1 surcharge

shall be collected for vehicles registered in the 8,000 lbs.

and less flat weight plate category above to be deposited into

the State Police Vehicle Fund.

Beginning with the 2014 registration year, a $2 surcharge

shall be collected in addition to the above fees for vehicles

registered in the 8,000 lb. and less flat weight plate category

as described in this subsection (a) to be deposited into the

Park and Conservation Fund for the Department of Natural

Resources to use for conservation efforts. The monies deposited

into the Park and Conservation Fund under this Section shall

not be subject to administrative charges or chargebacks unless

otherwise authorized by this Act.

All of the proceeds of the additional fees imposed by

Public Act 96-34 this amendatory Act of the 96th General

Assembly shall be deposited into the Capital Projects Fund.

(a-1) A Special Hauling Vehicle is a vehicle or combination

of vehicles of the second division registered under Section

3-813 transporting asphalt or concrete in the plastic state or

a vehicle or combination of vehicles that are subject to the

gross weight limitations in subsection (a) of Section 15-111

for which the owner of the vehicle or combination of vehicles

has elected to pay, in addition to the registration fee in

subsection (a), $125 to the Secretary of State for each

registration year. The Secretary shall designate this class of

vehicle as a Special Hauling Vehicle.

(a-5) Beginning January 1, 2015, upon the request of the

vehicle owner, a $10 surcharge shall be collected in addition

to the above fees for vehicles in the 12,000 lbs. and less flat

weight plate categories as described in subsection (a) to be

deposited into the Secretary of State Special License Plate

Fund. The $10 surcharge is to identify vehicles in the 12,000

lbs. and less flat weight plate categories as a covered farm

vehicle. The $10 surcharge is an annual, flat fee that shall be

based on an applicant's new or existing registration year for

each vehicle in the 12,000 lbs. and less flat weight plate

categories. A designation as a covered farm vehicle under this

subsection (a-5) shall not alter a vehicle's registration as a

registration in the 12,000 lbs. or less flat weight category.

The Secretary shall adopt any rules necessary to implement this

subsection (a-5).

(a-10) Beginning January 1, 2019, upon the request of the

vehicle owner, the Secretary of State shall collect a $10

surcharge in addition to the fees for second division vehicles

in the 8,000 lbs. and less flat weight plate category described

in subsection (a) that are issued a registration plate under

Article VI of this Chapter. The $10 surcharge shall be

deposited into the Secretary of State Special License Plate

Fund. The $10 surcharge is to identify a vehicle in the 8,000

lbs. and less flat weight plate category as a covered farm

vehicle. The $10 surcharge is an annual, flat fee that shall be

based on an applicant's new or existing registration year for

each vehicle in the 8,000 lbs. and less flat weight plate

category. A designation as a covered farm vehicle under this

subsection (a-10) shall not alter a vehicle's registration in

the 8,000 lbs. or less flat weight category. The Secretary

shall adopt any rules necessary to implement this subsection

(a-10).

(b) Except as provided in Section 3-806.3, every camping

trailer, motor home, mini motor home, travel trailer, truck

camper or van camper used primarily for recreational purposes,

and not used commercially, nor for hire, nor owned by a

commercial business, may be registered for each registration

year upon the filing of a proper application and the payment of

a registration fee and highway use tax, according to the

following table of fees:

MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER

Gross Weight in Lbs. Total Fees Including Vehicle and Each Maximum Load Calendar Year 8,000 lbs and less $78 8,001 Lbs. to 10,000 Lbs 90 10,001 Lbs. and Over 102

CAMPING TRAILER OR TRAVEL TRAILER

Gross Weight in Lbs. Total Fees Including Vehicle and Each Maximum Load Calendar Year 3,000 Lbs. and Less $18 3,001 Lbs. to 8,000 Lbs. 30 8,001 Lbs. to 10,000 Lbs. 38 10,001 Lbs. and Over 50

Every house trailer must be registered under Section 3-819.

(c) Farm Truck. Any truck used exclusively for the owner's

own agricultural, horticultural or livestock raising

operations and not-for-hire only, or any truck used only in the

transportation for-hire of seasonal, fresh, perishable fruit

or vegetables from farm to the point of first processing, may

be registered by the owner under this paragraph in lieu of

registration under paragraph (a), upon filing of a proper

application and the payment of the $10 registration fee and the

highway use tax herein specified as follows:

SCHEDULE OF FEES AND TAXES

Gross Weight in Lbs. Total Amount for Including Truck and each Maximum Load Class Fiscal Year 16,000 lbs. or less VF $150 16,001 to 20,000 lbs. VG 226 20,001 to 24,000 lbs. VH 290 24,001 to 28,000 lbs. VJ 378 28,001 to 32,000 lbs. VK 506 32,001 to 36,000 lbs. VL 610 36,001 to 45,000 lbs. VP 810 45,001 to 54,999 lbs. VR 1,026 55,000 to 64,000 lbs. VT 1,202 64,001 to 73,280 lbs. VV 1,290 73,281 to 77,000 lbs. VX 1,350 77,001 to 80,000 lbs. VZ 1,490

In the event the Secretary of State revokes a farm truck

registration as authorized by law, the owner shall pay the flat

weight tax due hereunder before operating such truck.

Any combination of vehicles having 5 axles, with a distance

of 42 feet or less between extreme axles, that are subject to

the weight limitations in subsection (a) of Section 15-111 for

which the owner of the combination of vehicles has elected to

pay, in addition to the registration fee in subsection (c),

$125 to the Secretary of State for each registration year shall

be designated by the Secretary as a Special Hauling Vehicle.

(d) The number of axles necessary to carry the maximum load

provided shall be determined from Chapter 15 of this Code.

(e) An owner may only apply for and receive 5 farm truck

registrations, and only 2 of those 5 vehicles shall exceed

59,500 gross weight in pounds per vehicle.

(f) Every person convicted of violating this Section by

failure to pay the appropriate flat weight tax to the Secretary

of State as set forth in the above tables shall be punished as

provided for in Section 3-401.

(Source: P.A. 100-734, eff. 1-1-19; 100-956, eff. 1-1-19;

revised 10-15-18.)

(625 ILCS 5/6-109)

Sec. 6-109. Examination of Applicants.

(a) The Secretary of State shall examine every applicant

for a driver's license or permit who has not been previously

licensed as a driver under the laws of this State or any other

state or country, or any applicant for renewal of such driver's

license or permit when such license or permit has been expired

for more than one year. The Secretary of State shall, subject

to the provisions of paragraph (c), examine every licensed

driver at least every 8 years, and may examine or re-examine

any other applicant or licensed driver, provided that during

the years 1984 through 1991 those drivers issued a license for

3 years may be re-examined not less than every 7 years or more

than every 10 years.

The Secretary of State shall require the testing of the

eyesight of any driver's license or permit applicant who has

not been previously licensed as a driver under the laws of this

State and shall promulgate rules and regulations to provide for

the orderly administration of all the provisions of this

Section.

The Secretary of State shall include at least one test

question that concerns the provisions of the Pedestrians with

Disabilities Safety Act in the question pool used for the

written portion of the driver's drivers license examination

within one year after July 22, 2010 (the effective date of

Public Act 96-1167).

The Secretary of State shall include, in the question pool

used for the written portion of the driver's license

examination, test questions concerning safe driving in the

presence of bicycles, of which one may be concerning the Dutch

Reach method as described in Section 2-112.

(b) Except as provided for those applicants in paragraph

(c), such examination shall include a test of the applicant's

eyesight, his or her ability to read and understand official

traffic control devices, his or her knowledge of safe driving

practices and the traffic laws of this State, and may include

an actual demonstration of the applicant's ability to exercise

ordinary and reasonable control of the operation of a motor

vehicle, and such further physical and mental examination as

the Secretary of State finds necessary to determine the

applicant's fitness to operate a motor vehicle safely on the

highways, except the examination of an applicant 75 years of

age or older shall include an actual demonstration of the

applicant's ability to exercise ordinary and reasonable

control of the operation of a motor vehicle. All portions of

written and verbal examinations under this Section, excepting

where the English language appears on facsimiles of road signs,

may be given in the Spanish language and, at the discretion of

the Secretary of State, in any other language as well as in

English upon request of the examinee. Deaf persons who are

otherwise qualified are not prohibited from being issued a

license, other than a commercial driver's license, under this

Code.

(c) Re-examination for those applicants who at the time of

renewing their driver's license possess a driving record devoid

of any convictions of traffic violations or evidence of

committing an offense for which mandatory revocation would be

required upon conviction pursuant to Section 6-205 at the time

of renewal shall be in a manner prescribed by the Secretary in

order to determine an applicant's ability to safely operate a

motor vehicle, except that every applicant for the renewal of a

driver's license who is 75 years of age or older must prove, by

an actual demonstration, the applicant's ability to exercise

reasonable care in the safe operation of a motor vehicle.

(d) In the event the applicant is not ineligible under the

provisions of Section 6-103 to receive a driver's license, the

Secretary of State shall make provision for giving an

examination, either in the county where the applicant resides

or at a place adjacent thereto reasonably convenient to the

applicant, within not more than 30 days from the date said

application is received.

(e) The Secretary of State may adopt rules regarding the

use of foreign language interpreters during the application and

examination process.

(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19;

revised 10-3-18.)

(625 ILCS 5/6-118)

Sec. 6-118. Fees.

(a) The fees fee for licenses and permits under this

Article are is as follows:

Original driver's license.............................$30

Original or renewal driver's license

issued to 18, 19 and 20 year olds.................. 5

All driver's licenses for persons

age 69 through age 80.............................. 5

All driver's licenses for persons

age 81 through age 86.............................. 2

All driver's licenses for persons

age 87 or older.....................................0

Renewal driver's license (except for

applicants ages 18, 19 and 20 or

age 69 and older)..................................30

Original instruction permit issued to

persons (except those age 69 and older)

who do not hold or have not previously

held an Illinois instruction permit or

driver's license.................................. 20

Instruction permit issued to any person

holding an Illinois driver's license

who wishes a change in classifications,

other than at the time of renewal.................. 5

Any instruction permit issued to a person

age 69 and older................................... 5

Instruction permit issued to any person,

under age 69, not currently holding a

valid Illinois driver's license or

instruction permit but who has

previously been issued either document

in Illinois....................................... 10

Restricted driving permit.............................. 8

Monitoring device driving permit...................... 8

Duplicate or corrected driver's license

or permit.......................................... 5

Duplicate or corrected restricted

driving permit..................................... 5

Duplicate or corrected monitoring

device driving permit.................................. 5

Duplicate driver's license or permit issued to

an active-duty member of the

United States Armed Forces,

the member's spouse, or

the dependent children living

with the member................................... 0

Original or renewal M or L endorsement................. 5

SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE

The fees for commercial driver licenses and permits

under Article V shall be as follows:

Commercial driver's license:

$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund

(Commercial Driver's License Information

System/American Association of Motor Vehicle

Administrators network/National Motor Vehicle

Title Information Service Trust Fund);

$20 for the Motor Carrier Safety Inspection Fund;

$10 for the driver's license;

and $24 for the CDL:............................. $60

Renewal commercial driver's license:

$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;

$20 for the Motor Carrier Safety Inspection Fund;

$10 for the driver's license; and

$24 for the CDL:................................. $60

Commercial learner's permit

issued to any person holding a valid

Illinois driver's license for the

purpose of changing to a

CDL classification: $6 for the

CDLIS/AAMVAnet/NMVTIS Trust Fund;

$20 for the Motor Carrier

Safety Inspection Fund; and

$24 for the CDL classification................... $50

Commercial learner's permit

issued to any person holding a valid

Illinois CDL for the purpose of

making a change in a classification,

endorsement or restriction........................ $5

CDL duplicate or corrected license.................... $5

In order to ensure the proper implementation of the Uniform

Commercial Driver License Act, Article V of this Chapter, the

Secretary of State is empowered to prorate pro-rate the $24 fee

for the commercial driver's license proportionate to the

expiration date of the applicant's Illinois driver's license.

The fee for any duplicate license or permit shall be waived

for any person who presents the Secretary of State's office

with a police report showing that his license or permit was

stolen.

The fee for any duplicate license or permit shall be waived

for any person age 60 or older whose driver's license or permit

has been lost or stolen.

No additional fee shall be charged for a driver's license,

or for a commercial driver's license, when issued to the holder

of an instruction permit for the same classification or type of

license who becomes eligible for such license.

The fee for a restricted driving permit under this

subsection (a) shall be imposed annually until the expiration

of the permit.

(a-5) The fee for a driver's record or data contained

therein is $12.

(b) Any person whose license or privilege to operate a

motor vehicle in this State has been suspended or revoked under

Section 3-707, any provision of Chapter 6, Chapter 11, or

Section 7-205, 7-303, or 7-702 of the Family Financial

Responsibility Law of this Code, shall in addition to any other

fees required by this Code, pay a reinstatement fee as follows:

Suspension under Section 3-707..................... $100

Suspension under Section 11-1431....................$100

Summary suspension under Section 11-501.1...........$250

Suspension under Section 11-501.9...................$250

Summary revocation under Section 11-501.1............$500

Other suspension......................................$70

Revocation...........................................$500

However, any person whose license or privilege to operate a

motor vehicle in this State has been suspended or revoked for a

second or subsequent time for a violation of Section 11-501,

11-501.1, or 11-501.9 of this Code or a similar provision of a

local ordinance or a similar out-of-state offense or Section

9-3 of the Criminal Code of 1961 or the Criminal Code of 2012

and each suspension or revocation was for a violation of

Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar

provision of a local ordinance or a similar out-of-state

offense or Section 9-3 of the Criminal Code of 1961 or the

Criminal Code of 2012 shall pay, in addition to any other fees

required by this Code, a reinstatement fee as follows:

Summary suspension under Section 11-501.1............$500

Suspension under Section 11-501.9...................$500

Summary revocation under Section 11-501.1............$500

Revocation...........................................$500

(c) All fees collected under the provisions of this Chapter

6 shall be disbursed under subsection (g) of Section 2-119 of

this Code, except as follows:

1. The following amounts shall be paid into the Drivers

Education Fund:

(A) $16 of the $20 fee for an original driver's

instruction permit;

(B) $5 of the $30 fee for an original driver's

license;

(C) $5 of the $30 fee for a 4 year renewal driver's

license;

(D) $4 of the $8 fee for a restricted driving

permit; and

(E) $4 of the $8 fee for a monitoring device

driving permit.

2. $30 of the $250 fee for reinstatement of a license

summarily suspended under Section 11-501.1 or suspended

under Section 11-501.9 shall be deposited into the Drunk

and Drugged Driving Prevention Fund. However, for a person

whose license or privilege to operate a motor vehicle in

this State has been suspended or revoked for a second or

subsequent time for a violation of Section 11-501,

11-501.1, or 11-501.9 of this Code or Section 9-3 of the

Criminal Code of 1961 or the Criminal Code of 2012, $190 of

the $500 fee for reinstatement of a license summarily

suspended under Section 11-501.1 or suspended under

Section 11-501.9, and $190 of the $500 fee for

reinstatement of a revoked license shall be deposited into

the Drunk and Drugged Driving Prevention Fund. $190 of the

$500 fee for reinstatement of a license summarily revoked

pursuant to Section 11-501.1 shall be deposited into the

Drunk and Drugged Driving Prevention Fund.

3. $6 of the original or renewal fee for a commercial

driver's license and $6 of the commercial learner's permit

fee when the permit is issued to any person holding a valid

Illinois driver's license, shall be paid into the

CDLIS/AAMVAnet/NMVTIS Trust Fund.

4. $30 of the $70 fee for reinstatement of a license

suspended under the Family Financial Responsibility Law

shall be paid into the Family Responsibility Fund.

5. The $5 fee for each original or renewal M or L

endorsement shall be deposited into the Cycle Rider Safety

Training Fund.

6. $20 of any original or renewal fee for a commercial

driver's license or commercial learner's permit shall be

paid into the Motor Carrier Safety Inspection Fund.

7. The following amounts shall be paid into the General

Revenue Fund:

(A) $190 of the $250 reinstatement fee for a

summary suspension under Section 11-501.1 or a

suspension under Section 11-501.9;

(B) $40 of the $70 reinstatement fee for any other

suspension provided in subsection (b) of this Section;

and

(C) $440 of the $500 reinstatement fee for a first

offense revocation and $310 of the $500 reinstatement

fee for a second or subsequent revocation.

8. Fees collected under paragraph (4) of subsection (d)

and subsection (h) of Section 6-205 of this Code;

subparagraph (C) of paragraph 3 of subsection (c) of

Section 6-206 of this Code; and paragraph (4) of subsection

(a) of Section 6-206.1 of this Code, shall be paid into the

funds set forth in those Sections.

(d) All of the proceeds of the additional fees imposed by

this amendatory Act of the 96th General Assembly shall be

deposited into the Capital Projects Fund.

(e) The additional fees imposed by this amendatory Act of

the 96th General Assembly shall become effective 90 days after

becoming law.

(f) As used in this Section, "active-duty member of the

United States Armed Forces" means a member of the Armed

Services or Reserve Forces of the United States or a member of

the Illinois National Guard who is called to active duty

pursuant to an executive order of the President of the United

States, an act of the Congress of the United States, or an

order of the Governor.

(Source: P.A. 99-127, eff. 1-1-16; 99-438, eff. 1-1-16; 99-642,

eff. 7-28-16; 99-933, eff. 1-27-17; 100-590, eff. 6-8-18;

100-803, eff. 1-1-19; revised 10-24-18.)

(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)

Sec. 6-303. Driving while driver's license, permit, or

privilege to operate a motor vehicle is suspended or revoked.

(a) Except as otherwise provided in subsection (a-5) or

(a-7), any person who drives or is in actual physical control

of a motor vehicle on any highway of this State at a time when

such person's driver's license, permit, or privilege to do so

or the privilege to obtain a driver's license or permit is

revoked or suspended as provided by this Code or the law of

another state, except as may be specifically allowed by a

judicial driving permit issued prior to January 1, 2009,

monitoring device driving permit, family financial

responsibility driving permit, probationary license to drive,

or a restricted driving permit issued pursuant to this Code or

under the law of another state, shall be guilty of a Class A

misdemeanor.

(a-3) A second or subsequent violation of subsection (a) of

this Section is a Class 4 felony if committed by a person whose

driving or operation of a motor vehicle is the proximate cause

of a motor vehicle accident that causes personal injury or

death to another. For purposes of this subsection, a personal

injury includes any Type A injury as indicated on the traffic

accident report completed by a law enforcement officer that

requires immediate professional attention in either a doctor's

office or a medical facility. A Type A injury includes severe

bleeding wounds, distorted extremities, and injuries that

require the injured party to be carried from the scene.

(a-5) Any person who violates this Section as provided in

subsection (a) while his or her driver's license, permit, or

privilege is revoked because of a violation of Section 9-3 of

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

relating to the offense of reckless homicide, or a violation of

subparagraph (F) of paragraph (1) of subsection (d) of Section

11-501 of this Code, relating to the offense of aggravated

driving under the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds, or any combination thereof

when the violation was a proximate cause of a death, or a

similar provision of a law of another state, is guilty of a

Class 4 felony. The person shall be required to undergo a

professional evaluation, as provided in Section 11-501 of this

Code, to determine if an alcohol, drug, or intoxicating

compound problem exists and the extent of the problem, and to

undergo the imposition of treatment as appropriate.

(a-7) Any person who violates this Section as provided in

subsection (a) while his or her driver's license or privilege

to drive is suspended under Section 6-306.5 or 7-702 of this

Code shall receive a Uniform Traffic Citation from the law

enforcement officer. A person who receives 3 or more Uniform

Traffic Citations under this subsection (a-7) without paying

any fees associated with the citations shall be guilty of a

Class A misdemeanor.

(a-10) A person's driver's license, permit, or privilege to

obtain a driver's license or permit may be subject to multiple

revocations, multiple suspensions, or any combination of both

simultaneously. No revocation or suspension shall serve to

negate, invalidate, cancel, postpone, or in any way lessen the

effect of any other revocation or suspension entered prior or

subsequent to any other revocation or suspension.

(b) (Blank).

(b-1) Except for a person under subsection (a-7) of this

Section, upon receiving a report of the conviction of any

violation indicating a person was operating a motor vehicle

during the time when the person's driver's license, permit, or

privilege was suspended by the Secretary of State or the

driver's licensing administrator of another state, except as

specifically allowed by a probationary license, judicial

driving permit, restricted driving permit, or monitoring

device driving permit, the Secretary shall extend the

suspension for the same period of time as the originally

imposed suspension unless the suspension has already expired,

in which case the Secretary shall be authorized to suspend the

person's driving privileges for the same period of time as the

originally imposed suspension.

(b-2) Except as provided in subsection (b-6) or (a-7), upon

receiving a report of the conviction of any violation

indicating a person was operating a motor vehicle when the

person's driver's license, permit, or privilege was revoked by

the Secretary of State or the driver's license administrator of

any other state, except as specifically allowed by a restricted

driving permit issued pursuant to this Code or the law of

another state, the Secretary shall not issue a driver's license

for an additional period of one year from the date of such

conviction indicating such person was operating a vehicle

during such period of revocation.

(b-3) (Blank).

(b-4) When the Secretary of State receives a report of a

conviction of any violation indicating a person was operating a

motor vehicle that was not equipped with an ignition interlock

device during a time when the person was prohibited from

operating a motor vehicle not equipped with such a device, the

Secretary shall not issue a driver's license to that person for

an additional period of one year from the date of the

conviction.

(b-5) Any person convicted of violating this Section shall

serve a minimum term of imprisonment of 30 consecutive days or

300 hours of community service when the person's driving

privilege was revoked or suspended as a result of a violation

of Section 9-3 of the Criminal Code of 1961 or the Criminal

Code of 2012, relating to the offense of reckless homicide, or

a violation of subparagraph (F) of paragraph (1) of subsection

(d) of Section 11-501 of this Code, relating to the offense of

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds, or any

combination thereof when the violation was a proximate cause of

a death, or a similar provision of a law of another state. The

court may give credit toward the fulfillment of community

service hours for participation in activities and treatment as

determined by court services.

(b-6) Upon receiving a report of a first conviction of

operating a motor vehicle while the person's driver's license,

permit, or privilege was revoked where the revocation was for a

violation of Section 9-3 of the Criminal Code of 1961 or the

Criminal Code of 2012 relating to the offense of reckless

homicide, or a violation of subparagraph (F) of paragraph (1)

of subsection (d) of Section 11-501 of this Code, relating to

the offense of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof when the violation was a

proximate cause of a death, or a similar out-of-state offense,

the Secretary shall not issue a driver's license for an

additional period of 3 three years from the date of such

conviction.

(c) Except as provided in subsections (c-3) and (c-4), any

person convicted of violating this Section shall serve a

minimum term of imprisonment of 10 consecutive days or 30 days

of community service when the person's driving privilege was

revoked or suspended as a result of:

(1) a violation of Section 11-501 of this Code or a

similar provision of a local ordinance relating to the

offense of operating or being in physical control of a

vehicle while under the influence of alcohol, any other

drug or any combination thereof; or

(2) a violation of paragraph (b) of Section 11-401 of

this Code or a similar provision of a local ordinance

relating to the offense of leaving the scene of a motor

vehicle accident involving personal injury or death; or

(3) a statutory summary suspension or revocation under

Section 11-501.1 of this Code.

Such sentence of imprisonment or community service shall

not be subject to suspension in order to reduce such sentence.

(c-1) Except as provided in subsections (a-7), (c-5), and

(d), any person convicted of a second violation of this Section

shall be ordered by the court to serve a minimum of 100 hours

of community service. The court may give credit toward the

fulfillment of community service hours for participation in

activities and treatment as determined by court services.

(c-2) In addition to other penalties imposed under this

Section, the court may impose on any person convicted a fourth

time of violating this Section any of the following:

(1) Seizure of the license plates of the person's

vehicle.

(2) Immobilization of the person's vehicle for a period

of time to be determined by the court.

(c-3) Any person convicted of a violation of this Section

during a period of summary suspension imposed pursuant to

Section 11-501.1 when the person was eligible for a monitoring

device driving permit MDDP shall be guilty of a Class 4 felony

and shall serve a minimum term of imprisonment of 30 days.

(c-4) Any person who has been issued a monitoring device

driving permit MDDP or a restricted driving permit which

requires the person to operate only motor vehicles equipped

with an ignition interlock device and who is convicted of a

violation of this Section as a result of operating or being in

actual physical control of a motor vehicle not equipped with an

ignition interlock device at the time of the offense shall be

guilty of a Class 4 felony and shall serve a minimum term of

imprisonment of 30 days.

(c-5) Any person convicted of a second violation of this

Section is guilty of a Class 2 felony, is not eligible for

probation or conditional discharge, and shall serve a mandatory

term of imprisonment, if:

(1) the current violation occurred when the person's

driver's license was suspended or revoked for a violation

of Section 9-3 of the Criminal Code of 1961 or the Criminal

Code of 2012, relating to the offense of reckless homicide,

or a violation of subparagraph (F) of paragraph (1) of

subsection (d) of Section 11-501 of this Code, relating to

the offense of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof when the violation

was a proximate cause of a death, or a similar out-of-state

offense; and

(2) the prior conviction under this Section occurred

while the person's driver's license was suspended or

revoked for a violation of Section 9-3 of the Criminal Code

of 1961 or the Criminal Code of 2012 relating to the

offense of reckless homicide, or a violation of

subparagraph (F) of paragraph (1) of subsection (d) of

Section 11-501 of this Code, relating to the offense of

aggravated driving under the influence of alcohol, other

drug or drugs, or intoxicating compound or compounds, or

any combination thereof when the violation was a proximate

cause of a death, or a similar out-of-state offense, or was

suspended or revoked for a violation of Section 11-401 or

11-501 of this Code, a similar out-of-state offense, a

similar provision of a local ordinance, or a statutory

summary suspension or revocation under Section 11-501.1 of

this Code.

(d) Any person convicted of a second violation of this

Section shall be guilty of a Class 4 felony and shall serve a

minimum term of imprisonment of 30 days or 300 hours of

community service, as determined by the court, if:

(1) the current violation occurred when the person's

driver's license was suspended or revoked for a violation

of Section 11-401 or 11-501 of this Code, a similar

out-of-state offense, a similar provision of a local

ordinance, or a statutory summary suspension or revocation

under Section 11-501.1 of this Code; and

(2) the prior conviction under this Section occurred

while the person's driver's license was suspended or

revoked for a violation of Section 11-401 or 11-501 of this

Code, a similar out-of-state offense, a similar provision

of a local ordinance, or a statutory summary suspension or

revocation under Section 11-501.1 of this Code, or for a

violation of Section 9-3 of the Criminal Code of 1961 or

the Criminal Code of 2012, relating to the offense of

reckless homicide, or a violation of subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of this

Code, relating to the offense of aggravated driving under

the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds, or any combination

thereof when the violation was a proximate cause of a

death, or a similar out-of-state offense.

(3) The court may give credit toward the fulfillment of

community service hours for participation in activities and

treatment as determined by court services.

(d-1) Except as provided in subsections (a-7), (d-2),

(d-2.5), and (d-3), any person convicted of a third or

subsequent violation of this Section shall serve a minimum term

of imprisonment of 30 days or 300 hours of community service,

as determined by the court. The court may give credit toward

the fulfillment of community service hours for participation in

activities and treatment as determined by court services.

(d-2) Any person convicted of a third violation of this

Section is guilty of a Class 4 felony and must serve a minimum

term of imprisonment of 30 days, if:

(1) the current violation occurred when the person's

driver's license was suspended or revoked for a violation

of Section 11-401 or 11-501 of this Code, or a similar

out-of-state offense, or a similar provision of a local

ordinance, or a statutory summary suspension or revocation

under Section 11-501.1 of this Code; and

(2) the prior convictions under this Section occurred

while the person's driver's license was suspended or

revoked for a violation of Section 11-401 or 11-501 of this

Code, a similar out-of-state offense, a similar provision

of a local ordinance, or a statutory summary suspension or

revocation under Section 11-501.1 of this Code, or for a

violation of Section 9-3 of the Criminal Code of 1961 or

the Criminal Code of 2012, relating to the offense of

reckless homicide, or a violation of subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of this

Code, relating to the offense of aggravated driving under

the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds, or any combination

thereof when the violation was a proximate cause of a

death, or a similar out-of-state offense.

(d-2.5) Any person convicted of a third violation of this

Section is guilty of a Class 1 felony, is not eligible for

probation or conditional discharge, and must serve a mandatory

term of imprisonment, if:

(1) the current violation occurred while the person's

driver's license was suspended or revoked for a violation

of Section 9-3 of the Criminal Code of 1961 or the Criminal

Code of 2012, relating to the offense of reckless homicide,

or a violation of subparagraph (F) of paragraph (1) of

subsection (d) of Section 11-501 of this Code, relating to

the offense of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof when the violation

was a proximate cause of a death, or a similar out-of-state

offense. The person's driving privileges shall be revoked

for the remainder of the person's life; and

(2) the prior convictions under this Section occurred

while the person's driver's license was suspended or

revoked for a violation of Section 9-3 of the Criminal Code

of 1961 or the Criminal Code of 2012, relating to the

offense of reckless homicide, or a violation of

subparagraph (F) of paragraph (1) of subsection (d) of

Section 11-501 of this Code, relating to the offense of

aggravated driving under the influence of alcohol, other

drug or drugs, or intoxicating compound or compounds, or

any combination thereof when the violation was a proximate

cause of a death, or a similar out-of-state offense, or was

suspended or revoked for a violation of Section 11-401 or

11-501 of this Code, a similar out-of-state offense, a

similar provision of a local ordinance, or a statutory

summary suspension or revocation under Section 11-501.1 of

this Code.

(d-3) Any person convicted of a fourth, fifth, sixth,

seventh, eighth, or ninth violation of this Section is guilty

of a Class 4 felony and must serve a minimum term of

imprisonment of 180 days, if:

(1) the current violation occurred when the person's

driver's license was suspended or revoked for a violation

of Section 11-401 or 11-501 of this Code, a similar

out-of-state offense, a similar provision of a local

ordinance, or a statutory summary suspension or revocation

under Section 11-501.1 of this Code; and

(2) the prior convictions under this Section occurred

while the person's driver's license was suspended or

revoked for a violation of Section 11-401 or 11-501 of this

Code, a similar out-of-state offense, a similar provision

of a local ordinance, or a statutory summary suspension or

revocation under Section 11-501.1 of this Code, or for a

violation of Section 9-3 of the Criminal Code of 1961 or

the Criminal Code of 2012, relating to the offense of

reckless homicide, or a violation of subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of this

Code, relating to the offense of aggravated driving under

the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds, or any combination

thereof when the violation was a proximate cause of a

death, or a similar out-of-state offense.

(d-3.5) Any person convicted of a fourth or subsequent

violation of this Section is guilty of a Class 1 felony, is not

eligible for probation or conditional discharge, and must serve

a mandatory term of imprisonment, and is eligible for an

extended term, if:

(1) the current violation occurred when the person's

driver's license was suspended or revoked for a violation

of Section 9-3 of the Criminal Code of 1961 or the Criminal

Code of 2012, relating to the offense of reckless homicide,

or a violation of subparagraph (F) of paragraph (1) of

subsection (d) of Section 11-501 of this Code, relating to

the offense of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof when the violation

was a proximate cause of a death, or a similar out-of-state

offense; and

(2) the prior convictions under this Section occurred

while the person's driver's license was suspended or

revoked for a violation of Section 9-3 of the Criminal Code

of 1961 or the Criminal Code of 2012, relating to the

offense of reckless homicide, or a violation of

subparagraph (F) of paragraph (1) of subsection (d) of

Section 11-501 of this Code, relating to the offense of

aggravated driving under the influence of alcohol, other

drug or drugs, or intoxicating compound or compounds, or

any combination thereof when the violation was a proximate

cause of a death, or a similar out-of-state offense, or was

suspended or revoked for a violation of Section 11-401 or

11-501 of this Code, a similar out-of-state offense, a

similar provision of a local ordinance, or a statutory

summary suspension or revocation under Section 11-501.1 of

this Code.

(d-4) Any person convicted of a tenth, eleventh, twelfth,

thirteenth, or fourteenth violation of this Section is guilty

of a Class 3 felony, and is not eligible for probation or

conditional discharge, if:

(1) the current violation occurred when the person's

driver's license was suspended or revoked for a violation

of Section 11-401 or 11-501 of this Code, or a similar

out-of-state offense, or a similar provision of a local

ordinance, or a statutory summary suspension or revocation

under Section 11-501.1 of this Code; and

(2) the prior convictions under this Section occurred

while the person's driver's license was suspended or

revoked for a violation of Section 11-401 or 11-501 of this

Code, a similar out-of-state offense, a similar provision

of a local ordinance, or a statutory suspension or

revocation under Section 11-501.1 of this Code, or for a

violation of Section 9-3 of the Criminal Code of 1961 or

the Criminal Code of 2012, relating to the offense of

reckless homicide, or a violation of subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of this

Code, relating to the offense of aggravated driving under

the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds, or any combination

thereof when the violation was a proximate cause of a

death, or a similar out-of-state offense.

(d-5) Any person convicted of a fifteenth or subsequent

violation of this Section is guilty of a Class 2 felony, and is

not eligible for probation or conditional discharge, if:

(1) the current violation occurred when the person's

driver's license was suspended or revoked for a violation

of Section 11-401 or 11-501 of this Code, or a similar

out-of-state offense, or a similar provision of a local

ordinance, or a statutory summary suspension or revocation

under Section 11-501.1 of this Code; and

(2) the prior convictions under this Section occurred

while the person's driver's license was suspended or

revoked for a violation of Section 11-401 or 11-501 of this

Code, a similar out-of-state offense, a similar provision

of a local ordinance, or a statutory summary suspension or

revocation under Section 11-501.1 of this Code, or for a

violation of Section 9-3 of the Criminal Code of 1961 or

the Criminal Code of 2012, relating to the offense of

reckless homicide, or a violation of subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of this

Code, relating to the offense of aggravated driving under

the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds, or any combination

thereof when the violation was a proximate cause of a

death, or a similar out-of-state offense.

(e) Any person in violation of this Section who is also in

violation of Section 7-601 of this Code relating to mandatory

insurance requirements, in addition to other penalties imposed

under this Section, shall have his or her motor vehicle

immediately impounded by the arresting law enforcement

officer. The motor vehicle may be released to any licensed

driver upon a showing of proof of insurance for the vehicle

that was impounded and the notarized written consent for the

release by the vehicle owner.

(f) For any prosecution under this Section, a certified

copy of the driving abstract of the defendant shall be admitted

as proof of any prior conviction.

(g) The motor vehicle used in a violation of this Section

is subject to seizure and forfeiture as provided in Sections

36-1 and 36-2 of the Criminal Code of 2012 if the person's

driving privilege was revoked or suspended as a result of:

(1) a violation of Section 11-501 of this Code, a

similar provision of a local ordinance, or a similar

provision of a law of another state;

(2) a violation of paragraph (b) of Section 11-401 of

this Code, a similar provision of a local ordinance, or a

similar provision of a law of another state;

(3) a statutory summary suspension or revocation under

Section 11-501.1 of this Code or a similar provision of a

law of another state; or

(4) a violation of Section 9-3 of the Criminal Code of

1961 or the Criminal Code of 2012 relating to the offense

of reckless homicide, or a violation of subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of this

Code, relating to the offense of aggravated driving under

the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds, or any combination

thereof when the violation was a proximate cause of a

death, or a similar provision of a law of another state.

(Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18;

100-575, eff. 1-8-18; 100-1004, eff. 1-1-19; revised

10-22-18.)

(625 ILCS 5/6-525) (from Ch. 95 1/2, par. 6-525)

Sec. 6-525. Severability. The provisions of this UCDLA

UCLDA shall be severable and if any phrase, clause, sentence or

provision of this UCDLA UCLDA is declared to be contrary to the

Constitutions of this State, or of the United States, such

unconstitutionality shall not affect the validity of the

remainder of this UCDLA.

(Source: P.A. 86-845; revised 10-3-18.)

(625 ILCS 5/8-101) (from Ch. 95 1/2, par. 8-101)

Sec. 8-101. Proof of financial responsibility; persons

responsibility - Persons who operate motor vehicles in

transportation of passengers for hire.

(a) It is unlawful for any person, firm, or corporation to

operate any motor vehicle along or upon any public street or

highway in any incorporated city, town, or village in this

State for the carriage of passengers for hire, accepting and

discharging all such persons as may offer themselves for

transportation unless such person, firm, or corporation has

given, and there is in full force and effect and on file with

the Secretary of State of Illinois, proof of financial

responsibility provided in this Act.

(b) In addition this Section shall also apply to persons,

firms, or corporations who are in the business of providing

transportation services for minors to or from educational or

recreational facilities, except that this Section shall not

apply to public utilities subject to regulation under the

Public Utilities Act "An Act concerning public utilities,"

approved June 29, 1921, as amended, or to school buses which

are operated by public or parochial schools and are engaged

solely in the transportation of the pupils who attend such

schools.

(c) This Section also applies to a contract carrier

transporting employees in the course of their employment on a

highway of this State in a vehicle designed to carry 15 or

fewer passengers. As part of proof of financial responsibility,

a contract carrier transporting employees, including, but not

limited to, railroad employees, in the course of their

employment is required to verify hit and run and uninsured

motor vehicle coverage, as provided in Section 143a of the

Illinois Insurance Code, and underinsured motor vehicle

coverage, as provided in Section 143a-2 of the Illinois

Insurance Code, in a total amount of not less than $250,000 per

passenger, except that beginning on January 1, 2017 the total

amount shall be not less than $500,000 per passenger. Each rail

carrier that contracts with a contract carrier for the

transportation of its employees in the course of their

employment shall verify that the contract carrier has the

minimum insurance coverage required under this subsection (c).

(d) This Section shall not apply to any person

participating in a ridesharing arrangement or operating a

commuter van, but only during the performance of activities

authorized by the Ridesharing Arrangements Act.

(e) If the person operating such motor vehicle is not the

owner, then proof of financial responsibility filed hereunder

must provide that the owner is primarily liable.

(Source: P.A. 99-799, eff. 8-12-16; 100-458, eff. 1-1-18;

revised 10-19-18.)

(625 ILCS 5/11-501.01)

(Text of Section before amendment by P.A. 100-987)

Sec. 11-501.01. Additional administrative sanctions.

(a) After a finding of guilt and prior to any final

sentencing or an order for supervision, for an offense based

upon an arrest for a violation of Section 11-501 or a similar

provision of a local ordinance, individuals shall be required

to undergo a professional evaluation to determine if an

alcohol, drug, or intoxicating compound abuse problem exists

and the extent of the problem, and undergo the imposition of

treatment as appropriate. Programs conducting these

evaluations shall be licensed by the Department of Human

Services. The cost of any professional evaluation shall be paid

for by the individual required to undergo the professional

evaluation.

(b) Any person who is found guilty of or pleads guilty to

violating Section 11-501, including any person receiving a

disposition of court supervision for violating that Section,

may be required by the Court to attend a victim impact panel

offered by, or under contract with, a county State's Attorney's

office, a probation and court services department, Mothers

Against Drunk Driving, or the Alliance Against Intoxicated

Motorists. All costs generated by the victim impact panel shall

be paid from fees collected from the offender or as may be

determined by the court.

(c) Every person found guilty of violating Section 11-501,

whose operation of a motor vehicle while in violation of that

Section proximately caused any incident resulting in an

appropriate emergency response, shall be liable for the expense

of an emergency response as provided in subsection (i) of this

Section.

(d) The Secretary of State shall revoke the driving

privileges of any person convicted under Section 11-501 or a

similar provision of a local ordinance.

(e) The Secretary of State shall require the use of

ignition interlock devices for a period not less than 5 years

on all vehicles owned by a person who has been convicted of a

second or subsequent offense of Section 11-501 or a similar

provision of a local ordinance. The person must pay to the

Secretary of State DUI Administration Fund an amount not to

exceed $30 for each month that he or she uses the device. The

Secretary shall establish by rule and regulation the procedures

for certification and use of the interlock system, the amount

of the fee, and the procedures, terms, and conditions relating

to these fees. During the time period in which a person is

required to install an ignition interlock device under this

subsection (e), that person shall only operate vehicles in

which ignition interlock devices have been installed, except as

allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of

this Code.

(f) In addition to any other penalties and liabilities, a

person who is found guilty of or pleads guilty to violating

Section 11-501, including any person placed on court

supervision for violating Section 11-501, shall be assessed

$750, payable to the circuit clerk, who shall distribute the

money as follows: $350 to the law enforcement agency that made

the arrest, and $400 shall be forwarded to the State Treasurer

for deposit into the General Revenue Fund. If the person has

been previously convicted of violating Section 11-501 or a

similar provision of a local ordinance, the fine shall be

$1,000, and the circuit clerk shall distribute $200 to the law

enforcement agency that made the arrest and $800 to the State

Treasurer for deposit into the General Revenue Fund. In the

event that more than one agency is responsible for the arrest,

the amount payable to law enforcement agencies shall be shared

equally. Any moneys received by a law enforcement agency under

this subsection (f) shall be used for enforcement and

prevention of driving while under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds or any

combination thereof, as defined by Section 11-501 of this Code,

including but not limited to the purchase of law enforcement

equipment and commodities that will assist in the prevention of

alcohol related criminal violence throughout the State; police

officer training and education in areas related to alcohol

related crime, including but not limited to DUI training; and

police officer salaries, including but not limited to salaries

for hire back funding for safety checkpoints, saturation

patrols, and liquor store sting operations. Any moneys received

by the Department of State Police under this subsection (f)

shall be deposited into the State Police DUI Fund and shall be

used to purchase law enforcement equipment that will assist in

the prevention of alcohol related criminal violence throughout

the State.

(g) The Secretary of State Police DUI Fund is created as a

special fund in the State treasury. All moneys received by the

Secretary of State Police under subsection (f) of this Section

shall be deposited into the Secretary of State Police DUI Fund

and, subject to appropriation, shall be used for enforcement

and prevention of driving while under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds or any

combination thereof, as defined by Section 11-501 of this Code,

including, but not limited to, the purchase of law enforcement

equipment and commodities to assist in the prevention of

alcohol-related alcohol related criminal violence throughout

the State; police officer training and education in areas

related to alcohol-related alcohol related crime, including,

but not limited to, DUI training; and police officer salaries,

including, but not limited to, salaries for hire back funding

for safety checkpoints, saturation patrols, and liquor store

sting operations.

(h) Whenever an individual is sentenced for an offense

based upon an arrest for a violation of Section 11-501 or a

similar provision of a local ordinance, and the professional

evaluation recommends remedial or rehabilitative treatment or

education, neither the treatment nor the education shall be the

sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor

compliance with any remedial education or treatment

recommendations contained in the professional evaluation.

Programs conducting alcohol or other drug evaluation or

remedial education must be licensed by the Department of Human

Services. If the individual is not a resident of Illinois,

however, the court may accept an alcohol or other drug

evaluation or remedial education program in the individual's

state of residence. Programs providing treatment must be

licensed under existing applicable alcoholism and drug

treatment licensure standards.

(i) In addition to any other fine or penalty required by

law, an individual convicted of a violation of Section 11-501,

Section 5-7 of the Snowmobile Registration and Safety Act,

Section 5-16 of the Boat Registration and Safety Act, or a

similar provision, whose operation of a motor vehicle,

snowmobile, or watercraft while in violation of Section 11-501,

Section 5-7 of the Snowmobile Registration and Safety Act,

Section 5-16 of the Boat Registration and Safety Act, or a

similar provision proximately caused an incident resulting in

an appropriate emergency response, shall be required to make

restitution to a public agency for the costs of that emergency

response. The restitution may not exceed $1,000 per public

agency for each emergency response. As used in this subsection

(i), "emergency response" means any incident requiring a

response by a police officer, a firefighter carried on the

rolls of a regularly constituted fire department, or an

ambulance. With respect to funds designated for the Department

of State Police, the moneys shall be remitted by the circuit

court clerk to the State Police within one month after receipt

for deposit into the State Police DUI Fund. With respect to

funds designated for the Department of Natural Resources, the

Department of Natural Resources shall deposit the moneys into

the Conservation Police Operations Assistance Fund.

(j) A person that is subject to a chemical test or tests of

blood under subsection (a) of Section 11-501.1 or subdivision

(c)(2) of Section 11-501.2 of this Code, whether or not that

person consents to testing, shall be liable for the expense up

to $500 for blood withdrawal by a physician authorized to

practice medicine, a licensed physician assistant, a licensed

advanced practice registered nurse, a registered nurse, a

trained phlebotomist, a licensed paramedic, or a qualified

person other than a police officer approved by the Department

of State Police to withdraw blood, who responds, whether at a

law enforcement facility or a health care facility, to a police

department request for the drawing of blood based upon refusal

of the person to submit to a lawfully requested breath test or

probable cause exists to believe the test would disclose the

ingestion, consumption, or use of drugs or intoxicating

compounds if:

(1) the person is found guilty of violating Section

11-501 of this Code or a similar provision of a local

ordinance; or

(2) the person pleads guilty to or stipulates to facts

supporting a violation of Section 11-503 of this Code or a

similar provision of a local ordinance when the plea or

stipulation was the result of a plea agreement in which the

person was originally charged with violating Section

11-501 of this Code or a similar local ordinance.

(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,

eff. 7-28-16; 100-513, eff. 1-1-18; revised 10-19-18.)

(Text of Section after amendment by P.A. 100-987)

Sec. 11-501.01. Additional administrative sanctions.

(a) After a finding of guilt and prior to any final

sentencing or an order for supervision, for an offense based

upon an arrest for a violation of Section 11-501 or a similar

provision of a local ordinance, individuals shall be required

to undergo a professional evaluation to determine if an

alcohol, drug, or intoxicating compound abuse problem exists

and the extent of the problem, and undergo the imposition of

treatment as appropriate. Programs conducting these

evaluations shall be licensed by the Department of Human

Services. The cost of any professional evaluation shall be paid

for by the individual required to undergo the professional

evaluation.

(b) Any person who is found guilty of or pleads guilty to

violating Section 11-501, including any person receiving a

disposition of court supervision for violating that Section,

may be required by the Court to attend a victim impact panel

offered by, or under contract with, a county State's Attorney's

office, a probation and court services department, Mothers

Against Drunk Driving, or the Alliance Against Intoxicated

Motorists. All costs generated by the victim impact panel shall

be paid from fees collected from the offender or as may be

determined by the court.

(c) (Blank).

(d) The Secretary of State shall revoke the driving

privileges of any person convicted under Section 11-501 or a

similar provision of a local ordinance.

(e) The Secretary of State shall require the use of

ignition interlock devices for a period not less than 5 years

on all vehicles owned by a person who has been convicted of a

second or subsequent offense of Section 11-501 or a similar

provision of a local ordinance. The person must pay to the

Secretary of State DUI Administration Fund an amount not to

exceed $30 for each month that he or she uses the device. The

Secretary shall establish by rule and regulation the procedures

for certification and use of the interlock system, the amount

of the fee, and the procedures, terms, and conditions relating

to these fees. During the time period in which a person is

required to install an ignition interlock device under this

subsection (e), that person shall only operate vehicles in

which ignition interlock devices have been installed, except as

allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of

this Code.

(f) (Blank).

(g) The Secretary of State Police DUI Fund is created as a

special fund in the State treasury and, subject to

appropriation, shall be used for enforcement and prevention of

driving while under the influence of alcohol, other drug or

drugs, intoxicating compound or compounds or any combination

thereof, as defined by Section 11-501 of this Code, including,

but not limited to, the purchase of law enforcement equipment

and commodities to assist in the prevention of alcohol-related

alcohol related criminal violence throughout the State; police

officer training and education in areas related to

alcohol-related alcohol related crime, including, but not

limited to, DUI training; and police officer salaries,

including, but not limited to, salaries for hire back funding

for safety checkpoints, saturation patrols, and liquor store

sting operations.

(h) Whenever an individual is sentenced for an offense

based upon an arrest for a violation of Section 11-501 or a

similar provision of a local ordinance, and the professional

evaluation recommends remedial or rehabilitative treatment or

education, neither the treatment nor the education shall be the

sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor

compliance with any remedial education or treatment

recommendations contained in the professional evaluation.

Programs conducting alcohol or other drug evaluation or

remedial education must be licensed by the Department of Human

Services. If the individual is not a resident of Illinois,

however, the court may accept an alcohol or other drug

evaluation or remedial education program in the individual's

state of residence. Programs providing treatment must be

licensed under existing applicable alcoholism and drug

treatment licensure standards.

(i) (Blank).

(j) A person that is subject to a chemical test or tests of

blood under subsection (a) of Section 11-501.1 or subdivision

(c)(2) of Section 11-501.2 of this Code, whether or not that

person consents to testing, shall be liable for the expense up

to $500 for blood withdrawal by a physician authorized to

practice medicine, a licensed physician assistant, a licensed

advanced practice registered nurse, a registered nurse, a

trained phlebotomist, a licensed paramedic, or a qualified

person other than a police officer approved by the Department

of State Police to withdraw blood, who responds, whether at a

law enforcement facility or a health care facility, to a police

department request for the drawing of blood based upon refusal

of the person to submit to a lawfully requested breath test or

probable cause exists to believe the test would disclose the

ingestion, consumption, or use of drugs or intoxicating

compounds if:

(1) the person is found guilty of violating Section

11-501 of this Code or a similar provision of a local

ordinance; or

(2) the person pleads guilty to or stipulates to facts

supporting a violation of Section 11-503 of this Code or a

similar provision of a local ordinance when the plea or

stipulation was the result of a plea agreement in which the

person was originally charged with violating Section

11-501 of this Code or a similar local ordinance.

(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,

eff. 7-28-16; 100-513, eff. 1-1-18; 100-987, eff. 7-1-19;

revised 10-19-18.)

(625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)

Sec. 11-501.7. (a) As a condition of probation or discharge

of a person convicted of a violation of Section 11-501 of this

Code, who was less than 21 years of age at the time of the

offense, or a person adjudicated delinquent pursuant to the

Juvenile Court Act of 1987, for violation of Section 11-501 of

this Code, the Court may order the offender to participate in

the Youthful Intoxicated Drivers' Visitation Program. The

Program shall consist of a supervised visitation as provided by

this Section by the person to at least one of the following, to

the extent that personnel and facilities are available:

(1) A State or private rehabilitation facility that

cares for victims of motor vehicle accidents involving

persons under the influence of alcohol.

(2) A facility which cares for advanced alcoholics to

observe persons in the terminal stages of alcoholism, under

the supervision of appropriately licensed medical

personnel.

(3) If approved by the coroner of the county where the

person resides, the county coroner's office or the county

morgue to observe appropriate victims of motor vehicle

accidents involving persons under the influence of

alcohol, under the supervision of the coroner or deputy

coroner.

(b) The Program shall be operated by the appropriate

probation authorities of the courts of the various circuits.

The youthful offender ordered to participate in the Program

shall bear all costs associated with participation in the

Program. A parent or guardian of the offender may assume the

obligation of the offender to pay the costs of the Program. The

court may waive the requirement that the offender pay the costs

of participation in the Program upon a finding of indigency.

(c) As used in this Section, "appropriate victims" means

victims whose condition is determined by the visit supervisor

to demonstrate the results of motor vehicle accidents involving

persons under the influence of alcohol without being

excessively gruesome or traumatic to the observer.

(d) Any visitation shall include, before any observation of

victims or persons with disabilities, a comprehensive

counseling session with the visitation supervisor at which the

supervisor shall explain and discuss the experiences which may

be encountered during the visitation in order to ascertain

whether the visitation is appropriate.

(Source: P.A. 99-143, eff. 7-27-15; revised 10-3-18.)

(625 ILCS 5/12-610.2)

(Text of Section before amendment by P.A. 100-858)

Sec. 12-610.2. Electronic communication devices.

(a) As used in this Section:

"Electronic communication device" means an electronic

device, including, but not limited to, a hand-held wireless

telephone, hand-held personal digital assistant, or a portable

or mobile computer, but does not include a global positioning

system or navigation system or a device that is physically or

electronically integrated into the motor vehicle.

(b) A person may not operate a motor vehicle on a roadway

while using an electronic communication device.

(b-5) A person commits aggravated use of an electronic

communication device when he or she violates subsection (b) and

in committing the violation he or she is was involved in a

motor vehicle accident that results in great bodily harm,

permanent disability, disfigurement, or death to another and

the violation is was a proximate cause of the injury or death.

(c) A second or subsequent violation of this Section is an

offense against traffic regulations governing the movement of

vehicles. A person who violates this Section shall be fined a

maximum of $75 for a first offense, $100 for a second offense,

$125 for a third offense, and $150 for a fourth or subsequent

offense.

(d) This Section does not apply to:

(1) a law enforcement officer or operator of an

emergency vehicle while performing his or her official

duties;

(1.5) a first responder, including a volunteer first

responder responders, while operating his or her own

personal motor vehicle using an electronic communication

device for the sole purpose of receiving information about

an emergency situation while en route to performing his or

her official duties;

(2) a driver using an electronic communication device

for the sole purpose of reporting an emergency situation

and continued communication with emergency personnel

during the emergency situation;

(3) a driver using an electronic communication device

in hands-free or voice-operated mode, which may include the

use of a headset;

(4) a driver of a commercial motor vehicle reading a

message displayed on a permanently installed communication

device designed for a commercial motor vehicle with a

screen that does not exceed 10 inches tall by 10 inches

wide in size;

(5) a driver using an electronic communication device

while parked on the shoulder of a roadway;

(6) a driver using an electronic communication device

when the vehicle is stopped due to normal traffic being

obstructed and the driver has the motor vehicle

transmission in neutral or park;

(7) a driver using two-way or citizens band radio

services;

(8) a driver using two-way mobile radio transmitters or

receivers for licensees of the Federal Communications

Commission in the amateur radio service;

(9) a driver using an electronic communication device

by pressing a single button to initiate or terminate a

voice communication; or

(10) a driver using an electronic communication device

capable of performing multiple functions, other than a

hand-held wireless telephone or hand-held personal digital

assistant (for example, a fleet management system,

dispatching device, citizens band radio, or music player)

for a purpose that is not otherwise prohibited by this

Section.

(e) A person convicted of violating subsection (b-5)

commits a Class A misdemeanor if the violation resulted in

great bodily harm, permanent disability, or disfigurement to

another. A person convicted of violating subsection (b-5)

commits a Class 4 felony if the violation resulted in the death

of another person.

(Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.)

(Text of Section after amendment by P.A. 100-858)

Sec. 12-610.2. Electronic communication devices.

(a) As used in this Section:

"Electronic communication device" means an electronic

device, including, but not limited to, a hand-held wireless

telephone, hand-held personal digital assistant, or a portable

or mobile computer, but does not include a global positioning

system or navigation system or a device that is physically or

electronically integrated into the motor vehicle.

(b) A person may not operate a motor vehicle on a roadway

while using an electronic communication device.

(b-5) A person commits aggravated use of an electronic

communication device when he or she violates subsection (b) and

in committing the violation he or she is was involved in a

motor vehicle accident that results in great bodily harm,

permanent disability, disfigurement, or death to another and

the violation is was a proximate cause of the injury or death.

(c) A violation of this Section is an offense against

traffic regulations governing the movement of vehicles. A

person who violates this Section shall be fined a maximum of

$75 for a first offense, $100 for a second offense, $125 for a

third offense, and $150 for a fourth or subsequent offense.

(d) This Section does not apply to:

(1) a law enforcement officer or operator of an

emergency vehicle while performing his or her official

duties;

(1.5) a first responder, including a volunteer first

responder responders, while operating his or her own

personal motor vehicle using an electronic communication

device for the sole purpose of receiving information about

an emergency situation while en route to performing his or

her official duties;

(2) a driver using an electronic communication device

for the sole purpose of reporting an emergency situation

and continued communication with emergency personnel

during the emergency situation;

(3) a driver using an electronic communication device

in hands-free or voice-operated mode, which may include the

use of a headset;

(4) a driver of a commercial motor vehicle reading a

message displayed on a permanently installed communication

device designed for a commercial motor vehicle with a

screen that does not exceed 10 inches tall by 10 inches

wide in size;

(5) a driver using an electronic communication device

while parked on the shoulder of a roadway;

(6) a driver using an electronic communication device

when the vehicle is stopped due to normal traffic being

obstructed and the driver has the motor vehicle

transmission in neutral or park;

(7) a driver using two-way or citizens band radio

services;

(8) a driver using two-way mobile radio transmitters or

receivers for licensees of the Federal Communications

Commission in the amateur radio service;

(9) a driver using an electronic communication device

by pressing a single button to initiate or terminate a

voice communication; or

(10) a driver using an electronic communication device

capable of performing multiple functions, other than a

hand-held wireless telephone or hand-held personal digital

assistant (for example, a fleet management system,

dispatching device, citizens band radio, or music player)

for a purpose that is not otherwise prohibited by this

Section.

(e) A person convicted of violating subsection (b-5)

commits a Class A misdemeanor if the violation resulted in

great bodily harm, permanent disability, or disfigurement to

another. A person convicted of violating subsection (b-5)

commits a Class 4 felony if the violation resulted in the death

of another person.

(Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19;

revised 10-15-18.)

(625 ILCS 5/12-806a) (from Ch. 95 1/2, par. 12-806a)

Sec. 12-806a. Identification, stop signal arms, and

special lighting on school buses used to transport children

outside of a school activity or persons in connection with a

community based rehabilitation facility.

(a) Subject to the conditions in Subsection (c), a bus

which meets any of the special requirements for school buses in

Sections Section 12-801, 12-802, 12-803, and 12-805 of this

Code may be used for the purpose of transporting persons 18

years of age or less.

(b) Subject to the conditions in subsection (c), a bus

which meets any of the special requirements for school buses in

Sections 12-801, 12-802, 12-803, and 12-805 of this Code may be

used for the purpose of transporting persons recognized as

clients of a community based rehabilitation facility which is

accredited by the Commission on Accreditation of

Rehabilitation Facilities of Tucson, Arizona, and which is

under a contractual agreement with the Department of Human

Services.

(c) A bus used for transportation as provided in subsection

(a) or (b) shall meet all of the special requirements for

school buses in Sections Section 12-801, 12-802, 12-803, and

12-805. A bus which meets all of the special requirements for

school buses in Sections Section 12-801, 12-802, 12-803, and

12-805 shall be operated by a person who has a valid and

properly classified driver's license issued by the Secretary of

State and who possesses a valid school bus driver permit or is

accompanied and supervised, for the specific purpose of

training prior to routine operation of a school bus, by a

person who has held a valid school bus driver permit for at

least one year.

(Source: P.A. 100-791, eff. 1-1-19; revised 10-3-18.)

(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)

Sec. 15-301. Permits for excess size and weight.

(a) The Department with respect to highways under its

jurisdiction and local authorities with respect to highways

under their jurisdiction may, in their discretion, upon

application and good cause being shown therefor, issue a

special permit authorizing the applicant to operate or move a

vehicle or combination of vehicles of a size or weight of

vehicle or load exceeding the maximum specified in this Code

Act or otherwise not in conformity with this Code Act upon any

highway under the jurisdiction of the party granting such

permit and for the maintenance of which the party is

responsible. Applications and permits other than those in

written or printed form may only be accepted from and issued to

the company or individual making the movement. Except for an

application to move directly across a highway, it shall be the

duty of the applicant to establish in the application that the

load to be moved by such vehicle or combination cannot

reasonably be dismantled or disassembled, the reasonableness

of which shall be determined by the Secretary of the

Department. For the purpose of over length movements, more than

one object may be carried side by side as long as the height,

width, and weight laws are not exceeded and the cause for the

over length is not due to multiple objects. For the purpose of

over height movements, more than one object may be carried as

long as the cause for the over height is not due to multiple

objects and the length, width, and weight laws are not

exceeded. For the purpose of an over width movement, more than

one object may be carried as long as the cause for the over

width is not due to multiple objects and length, height, and

weight laws are not exceeded. Except for transporting fluid

milk products, no State or local agency shall authorize the

issuance of excess size or weight permits for vehicles and

loads that are divisible and that can be carried, when divided,

within the existing size or weight maximums specified in this

Chapter. Any excess size or weight permit issued in violation

of the provisions of this Section shall be void at issue and

any movement made thereunder shall not be authorized under the

terms of the void permit. In any prosecution for a violation of

this Chapter when the authorization of an excess size or weight

permit is at issue, it is the burden of the defendant to

establish that the permit was valid because the load to be

moved could not reasonably be dismantled or disassembled, or

was otherwise nondivisible.

(b) The application for any such permit shall: (1) state

whether such permit is requested for a single trip or for

limited continuous operation; (2) state if the applicant is an

authorized carrier under the Illinois Motor Carrier of Property

Law, if so, his certificate, registration, or permit number

issued by the Illinois Commerce Commission; (3) specifically

describe and identify the vehicle or vehicles and load to be

operated or moved; (4) state the routing requested, including

the points of origin and destination, and may identify and

include a request for routing to the nearest certified scale in

accordance with the Department's rules and regulations,

provided the applicant has approval to travel on local roads;

and (5) state if the vehicles or loads are being transported

for hire. No permits for the movement of a vehicle or load for

hire shall be issued to any applicant who is required under the

Illinois Motor Carrier of Property Law to have a certificate,

registration, or permit and does not have such certificate,

registration, or permit.

(c) The Department or local authority when not inconsistent

with traffic safety is authorized to issue or withhold such

permit at its discretion; or, if such permit is issued at its

discretion to prescribe the route or routes to be traveled, to

limit the number of trips, to establish seasonal or other time

limitations within which the vehicles described may be operated

on the highways indicated, or otherwise to limit or prescribe

conditions of operations of such vehicle or vehicles, when

necessary to assure against undue damage to the road

foundations, surfaces or structures, and may require such

undertaking or other security as may be deemed necessary to

compensate for any injury to any roadway or road structure. The

Department shall maintain a daily record of each permit issued

along with the fee and the stipulated dimensions, weights,

conditions, and restrictions authorized and this record shall

be presumed correct in any case of questions or dispute. The

Department shall install an automatic device for recording

applications received and permits issued by telephone. In

making application by telephone, the Department and applicant

waive all objections to the recording of the conversation.

(d) The Department shall, upon application in writing from

any local authority, issue an annual permit authorizing the

local authority to move oversize highway construction,

transportation, utility, and maintenance equipment over roads

under the jurisdiction of the Department. The permit shall be

applicable only to equipment and vehicles owned by or

registered in the name of the local authority, and no fee shall

be charged for the issuance of such permits.

(e) As an exception to subsection (a) of this Section, the

Department and local authorities, with respect to highways

under their respective jurisdictions, in their discretion and

upon application in writing, may issue a special permit for

limited continuous operation, authorizing the applicant to

move loads of agricultural commodities on a 2-axle single

vehicle registered by the Secretary of State with axle loads

not to exceed 35%, on a 3-axle or 4-axle vehicle registered by

the Secretary of State with axle loads not to exceed 20%, and

on a 5-axle vehicle registered by the Secretary of State not to

exceed 10% above those provided in Section 15-111. The total

gross weight of the vehicle, however, may not exceed the

maximum gross weight of the registration class of the vehicle

allowed under Section 3-815 or 3-818 of this Code.

As used in this Section, "agricultural commodities" means:

(1) cultivated plants or agricultural produce grown,

including, but not limited to, corn, soybeans, wheat, oats,

grain sorghum, canola, and rice;

(2) livestock, including, but not limited to, hogs,

equine, sheep, and poultry;

(3) ensilage; and

(4) fruits and vegetables.

Permits may be issued for a period not to exceed 40 days

and moves may be made of a distance not to exceed 50 miles from

a field, an on-farm grain storage facility, a warehouse as

defined in the Grain Code, or a livestock management facility

as defined in the Livestock Management Facilities Act over any

highway except the National System of Interstate and Defense

Highways. The operator of the vehicle, however, must abide by

posted bridge and posted highway weight limits. All implements

of husbandry operating under this Section between sunset and

sunrise shall be equipped as prescribed in Section 12-205.1.

(e-1) A special permit shall be issued by the Department

under this Section and shall be required from September 1

through December 31 for a vehicle that exceeds the maximum axle

weight and gross weight limits under Section 15-111 of this

Code or exceeds the vehicle's registered gross weight, provided

that the vehicle's axle weight and gross weight do not exceed

10% above the maximum limits under Section 15-111 of this Code

and does not exceed the vehicle's registered gross weight by

10%. All other restrictions that apply to permits issued under

this Section shall apply during the declared time period and no

fee shall be charged for the issuance of those permits. Permits

issued by the Department under this subsection (e-1) are only

valid on federal and State highways under the jurisdiction of

the Department, except interstate highways. With respect to

highways under the jurisdiction of local authorities, the local

authorities may, at their discretion, waive special permit

requirements, and set a divisible load weight limit not to

exceed 10% above a vehicle's registered gross weight, provided

that the vehicle's axle weight and gross weight do not exceed

10% above the maximum limits specified in Section 15-111.

Permits issued under this subsection (e-1) shall apply to all

registered vehicles eligible to obtain permits under this

Section, including vehicles used in private or for-hire

movement of divisible load agricultural commodities during the

declared time period.

(f) The form and content of the permit shall be determined

by the Department with respect to highways under its

jurisdiction and by local authorities with respect to highways

under their jurisdiction. Every permit shall be in written form

and carried in the vehicle or combination of vehicles to which

it refers and shall be open to inspection by any police officer

or authorized agent of any authority granting the permit and no

person shall violate any of the terms or conditions of such

special permit. Violation of the terms and conditions of the

permit shall not be deemed a revocation of the permit; however,

any vehicle and load found to be off the route prescribed in

the permit shall be held to be operating without a permit. Any

off-route off route vehicle and load shall be required to

obtain a new permit or permits, as necessary, to authorize the

movement back onto the original permit routing. No rule or

regulation, nor anything herein, shall be construed to

authorize any police officer, court, or authorized agent of any

authority granting the permit to remove the permit from the

possession of the permittee unless the permittee is charged

with a fraudulent permit violation as provided in subsection

(i). However, upon arrest for an offense of violation of

permit, operating without a permit when the vehicle is off

route, or any size or weight offense under this Chapter when

the permittee plans to raise the issuance of the permit as a

defense, the permittee, or his agent, must produce the permit

at any court hearing concerning the alleged offense.

If the permit designates and includes a routing to a

certified scale, the permittee, while en route enroute to the

designated scale, shall be deemed in compliance with the weight

provisions of the permit provided the axle or gross weights do

not exceed any of the permitted limits by more than the

following amounts:

Single axle 2000 pounds

Tandem axle 3000 pounds

Gross 5000 pounds

(g) The Department is authorized to adopt, amend, and to

make available to interested persons a policy concerning

reasonable rules, limitations and conditions or provisions of

operation upon highways under its jurisdiction in addition to

those contained in this Section for the movement by special

permit of vehicles, combinations, or loads which cannot

reasonably be dismantled or disassembled, including

manufactured and modular home sections and portions thereof.

All rules, limitations and conditions or provisions adopted in

the policy shall have due regard for the safety of the

traveling public and the protection of the highway system and

shall have been promulgated in conformity with the provisions

of the Illinois Administrative Procedure Act. The requirements

of the policy for flagmen and escort vehicles shall be the same

for all moves of comparable size and weight. When escort

vehicles are required, they shall meet the following

requirements:

(1) All operators shall be 18 years of age or over and

properly licensed to operate the vehicle.

(2) Vehicles escorting oversized loads more than 12

feet 12-feet wide must be equipped with a rotating or

flashing amber light mounted on top as specified under

Section 12-215.

The Department shall establish reasonable rules and

regulations regarding liability insurance or self insurance

for vehicles with oversized loads promulgated under the

Illinois Administrative Procedure Act. Police vehicles may be

required for escort under circumstances as required by rules

and regulations of the Department.

(h) Violation of any rule, limitation or condition or

provision of any permit issued in accordance with the

provisions of this Section shall not render the entire permit

null and void but the violator shall be deemed guilty of

violation of permit and guilty of exceeding any size, weight,

or load limitations in excess of those authorized by the

permit. The prescribed route or routes on the permit are not

mere rules, limitations, conditions, or provisions of the

permit, but are also the sole extent of the authorization

granted by the permit. If a vehicle and load are found to be

off the route or routes prescribed by any permit authorizing

movement, the vehicle and load are operating without a permit.

Any off-route movement shall be subject to the size and weight

maximums, under the applicable provisions of this Chapter, as

determined by the type or class highway upon which the vehicle

and load are being operated.

(i) Whenever any vehicle is operated or movement made under

a fraudulent permit, the permit shall be void, and the person,

firm, or corporation to whom such permit was granted, the

driver of such vehicle in addition to the person who issued

such permit and any accessory, shall be guilty of fraud and

either one or all persons may be prosecuted for such violation.

Any person, firm, or corporation committing such violation

shall be guilty of a Class 4 felony and the Department shall

not issue permits to the person, firm, or corporation convicted

of such violation for a period of one year after the date of

conviction. Penalties for violations of this Section shall be

in addition to any penalties imposed for violation of other

Sections of this Code.

(j) Whenever any vehicle is operated or movement made in

violation of a permit issued in accordance with this Section,

the person to whom such permit was granted, or the driver of

such vehicle, is guilty of such violation and either, but not

both, persons may be prosecuted for such violation as stated in

this subsection (j). Any person, firm, or corporation convicted

of such violation shall be guilty of a petty offense and shall

be fined, for the first offense, not less than $50 nor more

than $200 and, for the second offense by the same person, firm,

or corporation within a period of one year, not less than $200

nor more than $300 and, for the third offense by the same

person, firm, or corporation within a period of one year after

the date of the first offense, not less than $300 nor more than

$500 and the Department may, in its discretion descretion, not

issue permits to the person, firm, or corporation convicted of

a third offense during a period of one year after the date of

conviction or supervision for such third offense. If any

violation is the cause or contributing cause in a motor vehicle

accident causing damage to property, injury, or death to a

person, the Department may, in its discretion, not issue a

permit to the person, firm, or corporation for a period of one

year after the date of conviction or supervision for the

offense.

(k) Whenever any vehicle is operated on local roads under

permits for excess width or length issued by local authorities,

such vehicle may be moved upon a State highway for a distance

not to exceed one-half mile without a permit for the purpose of

crossing the State highway.

(l) Notwithstanding any other provision of this Section,

the Department, with respect to highways under its

jurisdiction, and local authorities, with respect to highways

under their jurisdiction, may at their discretion authorize the

movement of a vehicle in violation of any size or weight

requirement, or both, that would not ordinarily be eligible for

a permit, when there is a showing of extreme necessity that the

vehicle and load should be moved without unnecessary delay.

For the purpose of this subsection, showing of extreme

necessity shall be limited to the following: shipments of

livestock, hazardous materials, liquid concrete being hauled

in a mobile cement mixer, or hot asphalt.

(m) Penalties for violations of this Section shall be in

addition to any penalties imposed for violating any other

Section of this Code.

(n) The Department with respect to highways under its

jurisdiction and local authorities with respect to highways

under their jurisdiction, in their discretion and upon

application in writing, may issue a special permit for

continuous limited operation, authorizing the applicant to

operate a tow truck that exceeds the weight limits provided for

in subsection (a) of Section 15-111, provided:

(1) no rear single axle of the tow truck exceeds 26,000

pounds;

(2) no rear tandem axle of the tow truck exceeds 50,000

pounds;

(2.1) no triple rear axle on a manufactured recovery

unit exceeds 60,000 pounds;

(3) neither the disabled vehicle nor the disabled

combination of vehicles exceed the weight restrictions

imposed by this Chapter 15, or the weight limits imposed

under a permit issued by the Department prior to hookup;

(4) the tow truck prior to hookup does not exceed the

weight restrictions imposed by this Chapter 15;

(5) during the tow operation the tow truck does not

violate any weight restriction sign;

(6) the tow truck is equipped with flashing, rotating,

or oscillating amber lights, visible for at least 500 feet

in all directions;

(7) the tow truck is specifically designed and licensed

as a tow truck;

(8) the tow truck has a gross vehicle weight rating of

sufficient capacity to safely handle the load;

(9) the tow truck is equipped with air brakes;

(10) the tow truck is capable of utilizing the lighting

and braking systems of the disabled vehicle or combination

of vehicles;

(11) the tow commences at the initial point of wreck or

disablement and terminates at a point where the repairs are

actually to occur;

(12) the permit issued to the tow truck is carried in

the tow truck and exhibited on demand by a police officer;

and

(13) the movement shall be valid only on State routes

approved by the Department.

(o) (Blank).

(p) In determining whether a load may be reasonably

dismantled or disassembled for the purpose of subsection (a),

the Department shall consider whether there is a significant

negative impact on the condition of the pavement and structures

along the proposed route, whether the load or vehicle as

proposed causes a safety hazard to the traveling public,

whether dismantling or disassembling the load promotes or

stifles economic development, and whether the proposed route

travels less than 5 miles. A load is not required to be

dismantled or disassembled for the purposes of subsection (a)

if the Secretary of the Department determines there will be no

significant negative impact to pavement or structures along the

proposed route, the proposed load or vehicle causes no safety

hazard to the traveling public, dismantling or disassembling

the load does not promote economic development, and the

proposed route travels less than 5 miles. The Department may

promulgate rules for the purpose of establishing the

divisibility of a load pursuant to subsection (a). Any load

determined by the Secretary to be nondivisible shall otherwise

comply with the existing size or weight maximums specified in

this Chapter.

(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;

100-728, eff. 1-1-19; 100-830, eff. 1-1-19; 100-863, eff.

8-14-18; 100-1090, eff. 1-1-19; revised 10-9-18.)

(625 ILCS 5/18c-1304) (from Ch. 95 1/2, par. 18c-1304)

Sec. 18c-1304. Orders of Employee Boards. Employee Board

orders shall be served, in writing, on all parties to the

proceeding in which the order is entered. Such orders shall

contain, in addition to the decision of the Board, a statement

of findings, conclusions, or other reasons therefor therefore.

Employee Board decisions and orders shall have the same force

and effect, and may be made, issued, and evidenced in the same

manner, as if the decision had been made and the order issued

by the Commission itself. The filing of a timely motion for

reconsideration shall, unless otherwise provided by the

Commission, stay the effect of an Employee Board order pending

reconsideration.

(Source: P.A. 84-796; revised 10-2-18.)

(625 ILCS 5/18c-4502) (from Ch. 95 1/2, par. 18c-4502)

Sec. 18c-4502. Collective ratemaking.

(1) Application for approval. Any carrier party to an

agreement between or among 2 or more carriers relating to

rates, fares, classifications, divisions, allowances, or

charges (including charges between carriers and compensation

paid or received for the use of facilities and equipment), or

rules and regulations pertaining thereto, or procedures for the

joint consideration, initiation, or establishment thereof,

whether such conference, bureau, committee, or other

organization be a "for-profit" or "not-for-profit" corporate

entity or whether or not such conference, bureau, committee or

other organization is or will be controlled by other businesses

may, under such rules and regulations as the Commission may

prescribe, apply to the Commission for approval of the

agreement, and the Commission shall by order approve any such

agreement, if approval thereof is not prohibited by subsection

(3), (4), or (5) of this Section, if it finds that, by reason

of furtherance of the State transportation policy declared in

Section 18c-1103 of this Chapter, the relief provided in

subsection (8) should apply with respect to the making and

carrying out of such agreement; otherwise the application shall

be denied. The approval of the Commission shall be granted only

upon such terms and conditions as the Commission may prescribe

as necessary to enable it to grant its approval in accordance

with the standard above set forth in this paragraph.

(2) Accounts, reporting, and internal procedures. Each

conference, bureau, committee, or other organization

established or continued pursuant to any agreement approved by

the Commission under the provisions of this Section shall

maintain such accounts, records, files and memoranda and shall

submit to the Commission such reports, as may be prescribed by

the Commission, and all such accounts, records, files, and

memoranda shall be subject to inspection by the Commission or

its duly authorized representatives. Any conference, bureau

committee, or other organization described in subsection (1) of

this Section shall cause to be published notice of the final

disposition of any action taken by such entity together with a

concise statement of the reasons therefor therefore. The

Commission shall withhold approval of any agreement under this

Section unless the agreement specifies a reasonable period of

time within which proposals by parties to the agreement will be

finally acted upon by the conference, bureau, committee, or

other organization.

(3) Matters which may be the subject of agreements approved

by the Commission. The Commission shall not approve under this

Section any agreement between or among carriers of different

classes unless it finds that such agreement is of the character

described in subsection (1) of this Section and is limited to

matters relating to transportation under joint rates or over

through routes. For purposes of this paragraph carriers by

railroad and express companies are carriers of one class;

carriers by motor vehicle are carriers of one class and

carriers by water are carriers of one class.

(4) Non-applicability of Section to transfers. The

Commission shall not approve under this Section any agreement

which it finds is an agreement with respect to a pooling,

division, or other matter or transaction, to which Section

18c-4302 of this Chapter is applicable.

(5) Independent action. The Commission shall not approve

under this Section any agreement which establishes a procedure

for the determination of any matter through joint consideration

unless it finds that under the agreement there is accorded to

each party the free and unrestrained right to take independent

action either before or after any determination arrived at

through such procedures. The Commission shall not find that

each party has a free and unrestrained right to take

independent action if the conference, bureau, committee, or

other organization is granted by the agreement any right to

engage in proceedings before the Commission or before any court

regarding any action taken by a party to an agreement

authorized by this Section, or by any other party providing or

seeking authority to provide transportation services.

(6) Investigation of activities. The Commission is

authorized, upon complaint or upon its own initiative without

complaint, to investigate and determine whether any agreement

previously approved by it under this Section or terms and

conditions upon which such approval was granted, is not or are

not in conformity with the standard, set forth in subsection

(1), or whether any such terms and conditions are not necessary

for purposes of conformity with such standard, and, after such

investigation, the Commission shall by order terminate or

modify its approval of such agreement if it finds such action

necessary to insure conformity with such standard, and shall

modify the terms and conditions upon which such approval was

granted to the extent it finds necessary to insure conformity

with such standard or to the extent to which it finds such

terms and conditions not necessary to insure such conformity.

The effective date of any order terminating or modifying

approval, or modifying terms and conditions, shall be postponed

for such period as the Commission determines to be reasonably

necessary to avoid undue hardship.

(7) Hearings and orders. No order shall be entered under

this Section except after interested parties have been afforded

reasonable opportunity for hearing.

(8) Exemption from State antitrust laws. Parties to any

agreement approved by the Commission under this Section and

other persons are, if the approval of such agreement is not

prohibited by subsection (3), (4), or (5), hereby relieved from

the operation of the antitrust laws with respect to the making

of such agreement, and with respect to the carrying out of such

agreement in conformity with its provisions and in conformity

with the terms and conditions prescribed by the Commission.

(9) Other laws not affected. Any action of the Commission

under this Section in approving an agreement, or in denying an

application for such approval, or in terminating or modifying

its approval of an agreement, or in prescribing the terms and

conditions upon which its approval is to be granted, or in

modifying such terms and conditions, shall be construed as

having effect solely with reference to the applicability of the

relief provisions of paragraph subsection (8) of this Section.

(Source: P.A. 84-796; revised 10-2-18.)

(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)

Sec. 18c-7401. Safety Requirements for Track, Facilities,

and Equipment.

(1) General Requirements. Each rail carrier shall,

consistent with rules, orders, and regulations of the Federal

Railroad Administration, construct, maintain, and operate all

of its equipment, track, and other property in this State in

such a manner as to pose no undue risk to its employees or the

person or property of any member of the public.

(2) Adoption of Federal Standards. The track safety

standards and accident/incident standards promulgated by the

Federal Railroad Administration shall be safety standards of

the Commission. The Commission may, in addition, adopt by

reference in its regulations other federal railroad safety

standards, whether contained in federal statutes or in

regulations adopted pursuant to such statutes.

(3) Railroad Crossings. No public road, highway, or street

shall hereafter be constructed across the track of any rail

carrier at grade, nor shall the track of any rail carrier be

constructed across a public road, highway or street at grade,

without having first secured the permission of the Commission;

provided, that this Section shall not apply to the replacement

of lawfully existing roads, highways, and tracks. No public

pedestrian bridge or subway shall be constructed across the

track of any rail carrier without having first secured the

permission of the Commission. The Commission shall have the

right to refuse its permission or to grant it upon such terms

and conditions as it may prescribe. The Commission shall have

power to determine and prescribe the manner, including the

particular point of crossing, and the terms of installation,

operation, maintenance, use, and protection of each such

crossing.

The Commission shall also have power, after a hearing, to

require major alteration of or to abolish any crossing,

heretofore or hereafter established, when in its opinion, the

public safety requires such alteration or abolition, and,

except in cities, villages, and incorporated towns of 1,000,000

or more inhabitants, to vacate and close that part of the

highway on such crossing altered or abolished and cause

barricades to be erected across such highway in such manner as

to prevent the use of such crossing as a highway, when, in the

opinion of the Commission, the public convenience served by the

crossing in question is not such as to justify the further

retention thereof; or to require a separation of grades, at

railroad-highway grade crossings; or to require a separation of

grades at any proposed crossing where a proposed public highway

may cross the tracks of any rail carrier or carriers; and to

prescribe, after a hearing of the parties, the terms upon which

such separations shall be made and the proportion in which the

expense of the alteration or abolition of such crossings or the

separation of such grades, having regard to the benefits, if

any, accruing to the rail carrier or any party in interest,

shall be divided between the rail carrier or carriers affected,

or between such carrier or carriers and the State, county,

municipality or other public authority in interest. However, a

public hearing by the Commission to abolish a crossing shall

not be required when the public highway authority in interest

vacates the highway. In such instance the rail carrier,

following notification to the Commission and the highway

authority, shall remove any grade crossing warning devices and

the grade crossing surface.

The Commission shall also have power by its order to

require the reconstruction, minor alteration, minor

relocation, or improvement of any crossing (including the

necessary highway approaches thereto) of any railroad across

any highway or public road, pedestrian bridge, or pedestrian

subway, whether such crossing be at grade or by overhead

structure or by subway, whenever the Commission finds after a

hearing or without a hearing as otherwise provided in this

paragraph that such reconstruction, alteration, relocation, or

improvement is necessary to preserve or promote the safety or

convenience of the public or of the employees or passengers of

such rail carrier or carriers. By its original order or

supplemental orders in such case, the Commission may direct

such reconstruction, alteration, relocation, or improvement to

be made in such manner and upon such terms and conditions as

may be reasonable and necessary and may apportion the cost of

such reconstruction, alteration, relocation, or improvement

and the subsequent maintenance thereof, having regard to the

benefits, if any, accruing to the railroad or any party in

interest, between the rail carrier or carriers and public

utilities affected, or between such carrier or carriers and

public utilities and the State, county, municipality or other

public authority in interest. The cost to be so apportioned

shall include the cost of changes or alterations in the

equipment of public utilities affected as well as the cost of

the relocation, diversion or establishment of any public

highway, made necessary by such reconstruction, alteration,

relocation, or improvement of said crossing. A hearing shall

not be required in those instances when the Commission enters

an order confirming a written stipulation in which the

Commission, the public highway authority or other public

authority in interest, the rail carrier or carriers affected,

and in instances involving the use of the Grade Crossing

Protection Fund, the Illinois Department of Transportation,

agree on the reconstruction, alteration, relocation, or

improvement and the subsequent maintenance thereof and the

division of costs of such changes of any grade crossing

(including the necessary highway approaches thereto) of any

railroad across any highway, pedestrian bridge, or pedestrian

subway.

Every rail carrier operating in the State of Illinois shall

construct and maintain every highway crossing over its tracks

within the State so that the roadway at the intersection shall

be as flush with the rails as superelevated curves will allow,

and, unless otherwise ordered by the Commission, shall

construct and maintain the approaches thereto at a grade of not

more than 5% within the right of way for a distance of not less

the 6 feet on each side of the centerline of such tracks;

provided, that the grades at the approaches may be maintained

in excess of 5% only when authorized by the Commission.

Every rail carrier operating within this State shall remove

from its right of way at all railroad-highway grade crossings

within the State, such brush, shrubbery, and trees as is

reasonably practical for a distance of not less than 500 feet

in either direction from each grade crossing. The Commission

shall have power, upon its own motion, or upon complaint, and

after having made proper investigation, to require the

installation of adequate and appropriate luminous reflective

warning signs, luminous flashing signals, crossing gates

illuminated at night, or other protective devices in order to

promote and safeguard the health and safety of the public.

Luminous flashing signal or crossing gate devices installed at

grade crossings, which have been approved by the Commission,

shall be deemed adequate and appropriate. The Commission shall

have authority to determine the number, type, and location of

such signs, signals, gates, or other protective devices which,

however, shall conform as near as may be with generally

recognized national standards, and the Commission shall have

authority to prescribe the division of the cost of the

installation and subsequent maintenance of such signs,

signals, gates, or other protective devices between the rail

carrier or carriers, the public highway authority or other

public authority in interest, and in instances involving the

use of the Grade Crossing Protection Fund, the Illinois

Department of Transportation. Except where train crews provide

flagging of the crossing to road users, yield signs shall be

installed at all highway intersections with every grade

crossing in this State that is not equipped with automatic

warning devices, such as luminous flashing signals or crossing

gate devices. A stop sign may be used in lieu of the yield sign

when an engineering study conducted in cooperation with the

highway authority and the Illinois Department of

Transportation has determined that a stop sign is warranted. If

the Commission has ordered the installation of luminous

flashing signal or crossing gate devices at a grade crossing

not equipped with active warning devices, the Commission shall

order the installation of temporary stop signs at the highway

intersection with the grade crossing unless an engineering

study has determined that a stop sign is not appropriate. If a

stop sign is not appropriate, the Commission may order the

installation of other appropriate supplemental signing as

determined by an engineering study. The temporary signs shall

remain in place until the luminous flashing signal or crossing

gate devices have been installed. The rail carrier is

responsible for the installation and subsequent maintenance of

any required signs. The permanent signs shall be in place by

July 1, 2011.

No railroad may change or modify the warning device system

at a railroad-highway grade crossing, including warning

systems interconnected with highway traffic control signals,

without having first received the approval of the Commission.

The Commission shall have the further power, upon application,

upon its own motion, or upon complaint and after having made

proper investigation, to require the interconnection of grade

crossing warning devices with traffic control signals at

highway intersections located at or near railroad crossings

within the distances described by the State Manual on Uniform

Traffic Control Devices adopted pursuant to Section 11-301 of

this Code. In addition, State and local authorities may not

install, remove, modernize, or otherwise modify traffic

control signals at a highway intersection that is

interconnected or proposed to be interconnected with grade

crossing warning devices when the change affects the number,

type, or location of traffic control devices on the track

approach leg or legs of the intersection or the timing of the

railroad preemption sequence of operation until the Commission

has approved the installation, removal, modernization, or

modification. Commission approval shall be limited to

consideration of issues directly affecting the public safety at

the railroad-highway grade crossing. The electrical circuit

devices, alternate warning devices, and preemption sequences

shall conform as nearly as possible, considering the particular

characteristics of the crossing and intersection area, to the

State manual adopted by the Illinois Department of

Transportation pursuant to Section 11-301 of this Code and such

federal standards as are made applicable by subsection (2) of

this Section. In order to carry out this authority, the

Commission shall have the authority to determine the number,

type, and location of traffic control devices on the track

approach leg or legs of the intersection and the timing of the

railroad preemption sequence of operation. The Commission

shall prescribe the division of costs for installation and

maintenance of all devices required by this paragraph between

the railroad or railroads and the highway authority in interest

and in instances involving the use of the Grade Crossing

Protection Fund or a State highway, the Illinois Department of

Transportation.

Any person who unlawfully or maliciously removes, throws

down, damages or defaces any sign, signal, gate, or other

protective device, located at or near any public grade

crossing, shall be guilty of a petty offense and fined not less

than $50 nor more than $200 for each offense. In addition to

fines levied under the provisions of this Section a person

adjudged guilty hereunder may also be directed to make

restitution for the costs of repair or replacement, or both,

necessitated by his misconduct.

It is the public policy of the State of Illinois to enhance

public safety by establishing safe grade crossings. In order to

implement this policy, the Illinois Commerce Commission is

directed to conduct public hearings and to adopt specific

criteria by July 1, 1994, that shall be adhered to by the

Illinois Commerce Commission in determining if a grade crossing

should be opened or abolished. The following factors shall be

considered by the Illinois Commerce Commission in developing

the specific criteria for opening and abolishing grade

crossings:

(a) timetable speed of passenger trains;

(b) distance to an alternate crossing;

(c) accident history for the last 5 years;

(d) number of vehicular traffic and posted speed

limits;

(e) number of freight trains and their timetable

speeds;

(f) the type of warning device present at the grade

crossing;

(g) alignments of the roadway and railroad, and the

angle of intersection of those alignments;

(h) use of the grade crossing by trucks carrying

hazardous materials, vehicles carrying passengers for

hire, and school buses; and

(i) use of the grade crossing by emergency vehicles.

The Illinois Commerce Commission, upon petition to open or

abolish a grade crossing, shall enter an order opening or

abolishing the crossing if it meets the specific criteria

adopted by the Commission.

Except as otherwise provided in this subsection (3), in no

instance shall a grade crossing be permanently closed without

public hearing first being held and notice of such hearing

being published in an area newspaper of local general

circulation.

(4) Freight Trains; Radio Trains - Radio Communications.

The Commission shall after hearing and order require that every

main line railroad freight train operating on main tracks

outside of yard limits within this State shall be equipped with

a radio communication system. The Commission after notice and

hearing may grant exemptions from the requirements of this

Section as to secondary and branch lines.

(5) Railroad Bridges and Trestles; Walkway Trestles -

Walkway and Handrail. In cases in which the Commission finds

the same to be practical and necessary for safety of railroad

employees, bridges and trestles, over and upon which railroad

trains are operated, shall include as a part thereof, a safe

and suitable walkway and handrail on one side only of such

bridge or trestle, and such handrail shall be located at the

outer edge of the walkway and shall provide a clearance of not

less than 8 feet, 6 inches, from the center line of the nearest

track, measured at right angles thereto.

(6) Packages Containing Articles for First Aid to Injured

on Trains.

(a) All rail carriers shall provide a first aid kit

that contains, at a minimum, those articles prescribed by

the Commission, on each train or engine, for first aid to

persons who may be injured in the course of the operation

of such trains.

(b) A vehicle, excluding a taxi cab used in an

emergency situation, operated by a contract carrier

transporting railroad employees in the course of their

employment shall be equipped with a readily available first

aid kit that contains, as a minimum, the same articles that

are required on each train or engine.

(7) Abandoned Bridges, Crossings, and Other Rail Plant. The

Commission shall have authority, after notice and hearing, to

order:

(a) the The removal of any abandoned railroad tracks

from roads, streets or other thoroughfares in this State;

and

(b) the The removal of abandoned overhead railroad

structures crossing highways, waterways, or railroads.

The Commission may equitably apportion the cost of such

actions between the rail carrier or carriers, public utilities,

and the State, county, municipality, township, road district,

or other public authority in interest.

(8) Railroad-Highway Bridge Clearance. A vertical

clearance of not less than 23 feet above the top of rail shall

be provided for all new or reconstructed highway bridges

constructed over a railroad track. The Commission may permit a

lesser clearance if it determines that the 23-foot 23 foot

clearance standard cannot be justified based on engineering,

operational, and economic conditions.

(9) Right of Access To Railroad Property.

(a) A community antenna television company franchised

by a municipality or county pursuant to the Illinois

Municipal Code or the Counties Code, respectively, shall

not enter upon any real estate or rights-of-way in the

possession or control of a railroad subject to the

jurisdiction of the Illinois Commerce Commission unless

the community antenna television company first complies

with the applicable provisions of subparagraph (f) of

Section 11-42-11.1 of the Illinois Municipal Code or

subparagraph (f) of Section 5-1096 of the Counties Code.

(b) Notwithstanding any provision of law to the

contrary, this subsection (9) applies to all entries of

railroad rights-of-way involving a railroad subject to the

jurisdiction of the Illinois Commerce Commission by a

community antenna television company and shall govern in

the event of any conflict with any other provision of law.

(c) This subsection (9) applies to any entry upon any

real estate or right-of-way in the possession or control of

a railroad subject to the jurisdiction of the Illinois

Commerce Commission for the purpose of or in connection

with the construction, or installation of a community

antenna television company's system or facilities

commenced or renewed on or after August 22, 2017 (the

effective date of Public Act 100-251) this amendatory Act

of the 100th General Assembly.

(d) Nothing in Public Act 100-251 this amendatory Act

of the 100th General Assembly shall be construed to prevent

a railroad from negotiating other terms and conditions or

the resolution of any dispute in relation to an entry upon

or right of access as set forth in this subsection (9).

(e) For purposes of this subsection (9):

"Broadband service", "cable operator", and "holder"

have the meanings given to those terms under Section 21-201

of the Public Utilities Act.

"Community antenna television company" includes, in

the case of real estate or rights-of-way in possession of

or in control of a railroad, a holder, cable operator, or

broadband service provider.

(f) Beginning on August 22, 2017 (the effective date of

Public Act 100-251) this amendatory Act of the 100th

General Assembly, the Transportation Division of the

Illinois Commerce Commission shall include in its annual

Crossing Safety Improvement Program report a brief

description of the number of cases decided by the Illinois

Commerce Commission and the number of cases that remain

pending before the Illinois Commerce Commission under this

subsection (9) for the period covered by the report.

(Source: P.A. 100-251, eff. 8-22-17; revised 10-3-18.)

Section 680. The Juvenile Court Act of 1987 is amended by

changing Sections 2-4b, 2-17, 5-410, and 6-1 as follows:

(705 ILCS 405/2-4b)

Sec. 2-4b. Family Support Program services; hearing.

(a) Any minor who is placed in the custody or guardianship

of the Department of Children and Family Services under Article

II of this Act on the basis of a petition alleging that the

minor is dependent because the minor was left at a psychiatric

hospital beyond medical necessity, and for whom an application

for the Family Support Program was pending with the Department

of Healthcare and Family Services or an active application was

being reviewed by the Department of Healthcare and Family

Services at the time the petition was filed, shall continue to

be considered eligible for services if all other eligibility

criteria are met.

(b) The court shall conduct a hearing within 14 days upon

notification to all parties that an application for the Family

Support Program services has been approved and services are

available. At the hearing, the court shall determine whether to

vacate the custody or guardianship of the Department of

Children and Family Services and return the minor to the

custody of the respondent with Family Support Program services

or whether the minor shall continue to be in the custody or

guardianship of the Department of Children and Family Services

and decline the Family Support Program services. In making its

determination, the court shall consider the minor's best

interest, the involvement of the respondent in proceedings

under this Act, the involvement of the respondent in the

minor's treatment, the relationship between the minor and the

respondent, and any other factor the court deems relevant. If

the court vacates the custody or guardianship of the Department

of Children and Family Services and returns the minor to the

custody of the respondent with Family Support Services, the

Department of Healthcare and Family Services shall become

fiscally responsible for providing services to the minor. If

the court determines that the minor shall continue in the

custody of the Department of Children and Family Services, the

Department of Children and Family Services shall remain

fiscally responsible for providing services to the minor, the

Family Support Services shall be declined, and the minor shall

no longer be eligible for Family Support Services.

(c) This Section does not apply to a minor:

(1) for whom a petition has been filed under this Act

alleging that he or she is an abused or neglected minor;

(2) for whom the court has made a finding that he or

she is an abused or neglected minor under this Act; or

(3) who is in the temporary custody of the Department

of Children and Family Services and the minor has been the

subject of an indicated allegation of abuse or neglect,

other than for psychiatric lockout lock-out, where a

respondent was the perpetrator within 5 years of the filing

of the pending petition.

(Source: P.A. 100-978, eff. 8-19-18; revised 10-3-18.)

(705 ILCS 405/2-17) (from Ch. 37, par. 802-17)

Sec. 2-17. Guardian ad litem.

(1) Immediately upon the filing of a petition alleging that

the minor is a person described in Sections 2-3 or 2-4 of this

Article, the court shall appoint a guardian ad litem for the

minor if:

(a) such petition alleges that the minor is an abused

or neglected child; or

(b) such petition alleges that charges alleging the

commission of any of the sex offenses defined in Article 11

or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,

11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the

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

been filed against a defendant in any court and that such

minor is the alleged victim of the acts of defendant in the

commission of such offense.

Unless the guardian ad litem appointed pursuant to this

paragraph (1) is an attorney at law, he shall be represented in

the performance of his duties by counsel. The guardian ad litem

shall represent the best interests of the minor and shall

present recommendations to the court consistent with that duty.

(2) Before proceeding with the hearing, the court shall

appoint a guardian ad litem for the minor if:

(a) no parent, guardian, custodian or relative of the

minor appears at the first or any subsequent hearing of the

case;

(b) the petition prays for the appointment of a

guardian with power to consent to adoption; or

(c) the petition for which the minor is before the

court resulted from a report made pursuant to the Abused

and Neglected Child Reporting Act.

(3) The court may appoint a guardian ad litem for the minor

whenever it finds that there may be a conflict of interest

between the minor and his parents or other custodian or that it

is otherwise in the minor's best interest to do so.

(4) Unless the guardian ad litem is an attorney, he shall

be represented by counsel.

(5) The reasonable fees of a guardian ad litem appointed

under this Section shall be fixed by the court and charged to

the parents of the minor, to the extent they are able to pay.

If the parents are unable to pay those fees, they shall be paid

from the general fund of the county.

(6) A guardian ad litem appointed under this Section, shall

receive copies of any and all classified reports of child abuse

and neglect made under the Abused and Neglected Child Reporting

Act in which the minor who is the subject of a report under the

Abused and Neglected Child Reporting Act, is also the minor for

whom the guardian ad litem is appointed under this Section.

(6.5) A guardian ad litem appointed under this Section or

attorney appointed under this Act, shall receive a copy of each

significant event report that involves the minor no later than

3 days after the Department learns of an event requiring a

significant event report to be written, or earlier as required

by Department rule.

(7) The appointed guardian ad litem shall remain the

child's guardian ad litem throughout the entire juvenile trial

court proceedings, including permanency hearings and

termination of parental rights proceedings, unless there is a

substitution entered by order of the court.

(8) The guardian ad litem or an agent of the guardian ad

litem shall have a minimum of one in-person contact with the

minor and one contact with one of the current foster parents or

caregivers prior to the adjudicatory hearing, and at least one

additional in-person contact with the child and one contact

with one of the current foster parents or caregivers after the

adjudicatory hearing but prior to the first permanency hearing

and one additional in-person contact with the child and one

contact with one of the current foster parents or caregivers

each subsequent year. For good cause shown, the judge may

excuse face-to-face interviews required in this subsection.

(9) In counties with a population of 100,000 or more but

less than 3,000,000, each guardian ad litem must successfully

complete a training program approved by the Department of

Children and Family Services. The Department of Children and

Family Services shall provide training materials and documents

to guardians ad litem who are not mandated to attend the

training program. The Department of Children and Family

Services shall develop and distribute to all guardians ad litem

a bibliography containing information including but not

limited to the juvenile court process, termination of parental

rights, child development, medical aspects of child abuse, and

the child's need for safety and permanence.

(Source: P.A. 100-689, eff. 1-1-19; revised 10-3-18.)

(705 ILCS 405/5-410)

Sec. 5-410. Non-secure custody or detention.

(1) Any minor arrested or taken into custody pursuant to

this Act who requires care away from his or her home but who

does not require physical restriction shall be given temporary

care in a foster family home or other shelter facility

designated by the court.

(2) (a) Any minor 10 years of age or older arrested

pursuant to this Act where there is probable cause to believe

that the minor is a delinquent minor and that (i) secure

secured custody is a matter of immediate and urgent necessity

for the protection of the minor or of the person or property of

another, (ii) the minor is likely to flee the jurisdiction of

the court, or (iii) the minor was taken into custody under a

warrant, may be kept or detained in an authorized detention

facility. A minor under 13 years of age shall not be admitted,

kept, or detained in a detention facility unless a local youth

service provider, including a provider through the

Comprehensive Community Based Youth Services network, has been

contacted and has not been able to accept the minor. No minor

under 12 years of age shall be detained in a county jail or a

municipal lockup for more than 6 hours.

(a-5) For a minor arrested or taken into custody for

vehicular hijacking or aggravated vehicular hijacking, a

previous finding of delinquency for vehicular hijacking or

aggravated vehicular hijacking shall be given greater weight in

determining whether secured custody of a minor is a matter of

immediate and urgent necessity for the protection of the minor

or of the person or property of another.

(b) The written authorization of the probation officer or

detention officer (or other public officer designated by the

court in a county having 3,000,000 or more inhabitants)

constitutes authority for the superintendent of any juvenile

detention home to detain and keep a minor for up to 40 hours,

excluding Saturdays, Sundays, and court-designated holidays.

These records shall be available to the same persons and

pursuant to the same conditions as are law enforcement records

as provided in Section 5-905.

(b-4) The consultation required by paragraph subsection

(b-5) shall not be applicable if the probation officer or

detention officer (or other public officer designated by the

court in a county having 3,000,000 or more inhabitants)

utilizes a scorable detention screening instrument, which has

been developed with input by the State's Attorney, to determine

whether a minor should be detained, however, paragraph

subsection (b-5) shall still be applicable where no such

screening instrument is used or where the probation officer,

detention officer (or other public officer designated by the

court in a county having 3,000,000 or more inhabitants)

deviates from the screening instrument.

(b-5) Subject to the provisions of paragraph subsection

(b-4), if a probation officer or detention officer (or other

public officer designated by the court in a county having

3,000,000 or more inhabitants) does not intend to detain a

minor for an offense which constitutes one of the following

offenses he or she shall consult with the State's Attorney's

Office prior to the release of the minor: first degree murder,

second degree murder, involuntary manslaughter, criminal

sexual assault, aggravated criminal sexual assault, aggravated

battery with a firearm as described in Section 12-4.2 or

subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section

12-3.05, aggravated or heinous battery involving permanent

disability or disfigurement or great bodily harm, robbery,

aggravated robbery, armed robbery, vehicular hijacking,

aggravated vehicular hijacking, vehicular invasion, arson,

aggravated arson, kidnapping, aggravated kidnapping, home

invasion, burglary, or residential burglary.

(c) Except as otherwise provided in paragraph (a), (d), or

(e), no minor shall be detained in a county jail or municipal

lockup for more than 12 hours, unless the offense is a crime of

violence in which case the minor may be detained up to 24

hours. For the purpose of this paragraph, "crime of violence"

has the meaning ascribed to it in Section 1-10 of the

Alcoholism and Other Drug Abuse and Dependency Act.

(i) The period of detention is deemed to have begun

once the minor has been placed in a locked room or cell or

handcuffed to a stationary object in a building housing a

county jail or municipal lockup. Time spent transporting a

minor is not considered to be time in detention or secure

custody.

(ii) Any minor so confined shall be under periodic

supervision and shall not be permitted to come into or

remain in contact with adults in custody in the building.

(iii) Upon placement in secure custody in a jail or

lockup, the minor shall be informed of the purpose of the

detention, the time it is expected to last and the fact

that it cannot exceed the time specified under this Act.

(iv) A log shall be kept which shows the offense which

is the basis for the detention, the reasons and

circumstances for the decision to detain, and the length of

time the minor was in detention.

(v) Violation of the time limit on detention in a

county jail or municipal lockup shall not, in and of

itself, render inadmissible evidence obtained as a result

of the violation of this time limit. Minors under 18 years

of age shall be kept separate from confined adults and may

not at any time be kept in the same cell, room, or yard

with adults confined pursuant to criminal law. Persons 18

years of age and older who have a petition of delinquency

filed against them may be confined in an adult detention

facility. In making a determination whether to confine a

person 18 years of age or older who has a petition of

delinquency filed against the person, these factors, among

other matters, shall be considered:

(A) the The age of the person;

(B) any Any previous delinquent or criminal

history of the person;

(C) any Any previous abuse or neglect history of

the person; and

(D) any Any mental health or educational history of

the person, or both.

(d) (i) If a minor 12 years of age or older is confined in a

county jail in a county with a population below 3,000,000

inhabitants, then the minor's confinement shall be implemented

in such a manner that there will be no contact by sight, sound,

or otherwise between the minor and adult prisoners. Minors 12

years of age or older must be kept separate from confined

adults and may not at any time be kept in the same cell, room,

or yard with confined adults. This paragraph (d)(i) shall only

apply to confinement pending an adjudicatory hearing and shall

not exceed 40 hours, excluding Saturdays, Sundays, and

court-designated court designated holidays. To accept or hold

minors during this time period, county jails shall comply with

all monitoring standards adopted by the Department of

Corrections and training standards approved by the Illinois Law

Enforcement Training Standards Board.

(ii) To accept or hold minors, 12 years of age or older,

after the time period prescribed in paragraph (d)(i) of this

subsection (2) of this Section but not exceeding 7 days

including Saturdays, Sundays, and holidays pending an

adjudicatory hearing, county jails shall comply with all

temporary detention standards adopted by the Department of

Corrections and training standards approved by the Illinois Law

Enforcement Training Standards Board.

(iii) To accept or hold minors 12 years of age or older,

after the time period prescribed in paragraphs (d)(i) and

(d)(ii) of this subsection (2) of this Section, county jails

shall comply with all county juvenile detention standards

adopted by the Department of Juvenile Justice.

(e) When a minor who is at least 15 years of age is

prosecuted under the criminal laws of this State, the court may

enter an order directing that the juvenile be confined in the

county jail. However, any juvenile confined in the county jail

under this provision shall be separated from adults who are

confined in the county jail in such a manner that there will be

no contact by sight, sound or otherwise between the juvenile

and adult prisoners.

(f) For purposes of appearing in a physical lineup, the

minor may be taken to a county jail or municipal lockup under

the direct and constant supervision of a juvenile police

officer. During such time as is necessary to conduct a lineup,

and while supervised by a juvenile police officer, the sight

and sound separation provisions shall not apply.

(g) For purposes of processing a minor, the minor may be

taken to a county jail County Jail or municipal lockup under

the direct and constant supervision of a law enforcement

officer or correctional officer. During such time as is

necessary to process the minor, and while supervised by a law

enforcement officer or correctional officer, the sight and

sound separation provisions shall not apply.

(3) If the probation officer or State's Attorney (or such

other public officer designated by the court in a county having

3,000,000 or more inhabitants) determines that the minor may be

a delinquent minor as described in subsection (3) of Section

5-105, and should be retained in custody but does not require

physical restriction, the minor may be placed in non-secure

custody for up to 40 hours pending a detention hearing.

(4) Any minor taken into temporary custody, not requiring

secure detention, may, however, be detained in the home of his

or her parent or guardian subject to such conditions as the

court may impose.

(5) The changes made to this Section by Public Act 98-61

apply to a minor who has been arrested or taken into custody on

or after January 1, 2014 (the effective date of Public Act

98-61).

(Source: P.A. 99-254, eff. 1-1-16; 100-745, eff. 8-10-18;

revised 10-3-18.)

(705 ILCS 405/6-1) (from Ch. 37, par. 806-1)

Sec. 6-1. Probation departments; functions and duties.

(1) The chief judge of each circuit shall make provision

for probation services for each county in his or her circuit.

The appointment of officers to probation or court services

departments and the administration of such departments shall be

governed by the provisions of the Probation and Probation

Officers Act.

(2) Every county or every group of counties constituting a

probation district shall maintain a court services or probation

department subject to the provisions of the Probation and

Probation Officers Act. For the purposes of this Act, such a

court services or probation department has, but is not limited

to, the following powers and duties:

(a) When authorized or directed by the court, to

receive, investigate and evaluate complaints indicating

dependency, requirement of authoritative intervention,

addiction or delinquency within the meaning of Sections

2-3, 2-4, 3-3, 4-3, or 5-105, respectively; to determine or

assist the complainant in determining whether a petition

should be filed under Sections 2-13, 3-15, 4-12, or 5-520

or whether referral should be made to an agency,

association or other person or whether some other action is

advisable; and to see that the indicating filing, referral

or other action is accomplished. However, no such

investigation, evaluation or supervision by such court

services or probation department is to occur with regard to

complaints indicating only that a minor may be a chronic or

habitual truant.

(a-1) To confer in a preliminary conference, with a

view to adjusting suitable cases without the filing of a

petition as provided for in Section 2-12 or Section 5-305.

(b) When a petition is filed under Section 2-13, 3-15,

4-15, or 5-520, to make pre-adjudicatory investigations

and formulate recommendations to the court when the court

has authorized or directed the department to do so.

(b-1) When authorized or directed by the court, and

with the consent of the party respondents and the State's

Attorney, to confer in a pre-adjudicatory conference, with

a view to adjusting suitable cases as provided for in

Section 2-12 or Section 5-305.

(c) To counsel and, by order of the court, to supervise

minors referred to the court; to conduct indicated programs

of casework, including referrals for medical and mental

health service, organized recreation and job placement for

wards of the court and, when appropriate, for members of

the family of a ward; to act as liaison officer between the

court and agencies or associations to which minors are

referred or through which they are placed; when so

appointed, to serve as guardian of the person of a ward of

the court; to provide probation supervision and protective

supervision ordered by the court; and to provide like

services to wards and probationers of courts in other

counties or jurisdictions who have lawfully become local

residents.

(d) To arrange for placements pursuant to court order.

(e) To assume administrative responsibility for such

detention, shelter care and other institutions for minors

as the court may operate.

(f) To maintain an adequate system of case records,

statistical records, and financial records related to

juvenile detention and shelter care and to make reports to

the court and other authorized persons, and to the Supreme

Court pursuant to the Probation and Probation Officers Act.

(g) To perform such other services as may be

appropriate to effectuate the purposes of this Act or as

may be directed by any order of court made under this Act.

(3) The court services or probation department in any

probation district or county having less than 1,000,000

inhabitants, or any personnel of the department, may be

required by the circuit court to render services to the court

in other matters as well as proceedings under this Act.

(4) In any county or probation district, a probation

department may be established as a separate division of a more

inclusive department of court services, with any appropriate

divisional designation. The organization of any such

department of court services and the appointment of officers

and other personnel must comply with the Probation and

Probation Probations Officers Act.

(5) For purposes of this Act only, probation officers

appointed to probation or court services departments shall be

considered peace officers. In the exercise of their official

duties, probation officers, sheriffs, and police officers may,

anywhere within the State, arrest any minor who is in violation

of any of the conditions of his or her probation, continuance

under supervision, or informal supervision, and it shall be the

duty of the officer making the arrest to take the minor before

the court having jurisdiction over the minor for further

action.

(Source: P.A. 98-892, eff. 1-1-15; revised 10-3-18.)

Section 685. The Criminal Code of 2012 is amended by

changing Sections 3-6, 11-9.2, and 33G-6 as follows:

(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)

Sec. 3-6. Extended limitations. The period within which a

prosecution must be commenced under the provisions of Section

3-5 or other applicable statute is extended under the following

conditions:

(a) A prosecution for theft involving a breach of a

fiduciary obligation to the aggrieved person may be commenced

as follows:

(1) If the aggrieved person is a minor or a person

under legal disability, then during the minority or legal

disability or within one year after the termination

thereof.

(2) In any other instance, within one year after the

discovery of the offense by an aggrieved person, or by a

person who has legal capacity to represent an aggrieved

person or has a legal duty to report the offense, and is

not himself or herself a party to the offense; or in the

absence of such discovery, within one year after the proper

prosecuting officer becomes aware of the offense. However,

in no such case is the period of limitation so extended

more than 3 years beyond the expiration of the period

otherwise applicable.

(b) A prosecution for any offense based upon misconduct in

office by a public officer or employee may be commenced within

one year after discovery of the offense by a person having a

legal duty to report such offense, or in the absence of such

discovery, within one year after the proper prosecuting officer

becomes aware of the offense. However, in no such case is the

period of limitation so extended more than 3 years beyond the

expiration of the period otherwise applicable.

(b-5) When the victim is under 18 years of age at the time

of the offense, a prosecution for involuntary servitude,

involuntary sexual servitude of a minor, or trafficking in

persons and related offenses under Section 10-9 of this Code

may be commenced within 25 years of the victim attaining the

age of 18 years.

(c) (Blank).

(d) A prosecution for child pornography, aggravated child

pornography, indecent solicitation of a child, soliciting for a

juvenile prostitute, juvenile pimping, exploitation of a

child, or promoting juvenile prostitution except for keeping a

place of juvenile prostitution may be commenced within one year

of the victim attaining the age of 18 years. However, in no

such case shall the time period for prosecution expire sooner

than 3 years after the commission of the offense.

(e) Except as otherwise provided in subdivision (j), a

prosecution for any offense involving sexual conduct or sexual

penetration, as defined in Section 11-0.1 of this Code, where

the defendant was within a professional or fiduciary

relationship or a purported professional or fiduciary

relationship with the victim at the time of the commission of

the offense may be commenced within one year after the

discovery of the offense by the victim.

(f) A prosecution for any offense set forth in Section 44

of the Environmental Protection Act may be commenced within 5

years after the discovery of such an offense by a person or

agency having the legal duty to report the offense or in the

absence of such discovery, within 5 years after the proper

prosecuting officer becomes aware of the offense.

(f-5) A prosecution for any offense set forth in Section

16-30 of this Code may be commenced within 5 years after the

discovery of the offense by the victim of that offense.

(g) (Blank).

(h) (Blank).

(i) Except as otherwise provided in subdivision (j), a

prosecution for criminal sexual assault, aggravated criminal

sexual assault, or aggravated criminal sexual abuse may be

commenced within 10 years of the commission of the offense if

the victim reported the offense to law enforcement authorities

within 3 years after the commission of the offense. If the

victim consented to the collection of evidence using an

Illinois State Police Sexual Assault Evidence Collection Kit

under the Sexual Assault Survivors Emergency Treatment Act, it

shall constitute reporting for purposes of this Section.

Nothing in this subdivision (i) shall be construed to

shorten a period within which a prosecution must be commenced

under any other provision of this Section.

(i-5) A prosecution for armed robbery, home invasion,

kidnapping, or aggravated kidnaping may be commenced within 10

years of the commission of the offense if it arises out of the

same course of conduct and meets the criteria under one of the

offenses in subsection (i) of this Section.

(j) (1) When the victim is under 18 years of age at the

time of the offense, a prosecution for criminal sexual assault,

aggravated criminal sexual assault, predatory criminal sexual

assault of a child, aggravated criminal sexual abuse, or felony

criminal sexual abuse may be commenced at any time.

(2) When the victim is under 18 years of age at the time of

the offense, a prosecution for failure of a person who is

required to report an alleged or suspected commission of

criminal sexual assault, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, aggravated

criminal sexual abuse, or felony criminal sexual abuse under

the Abused and Neglected Child Reporting Act may be commenced

within 20 years after the child victim attains 18 years of age.

(3) When the victim is under 18 years of age at the time of

the offense, a prosecution for misdemeanor criminal sexual

abuse may be commenced within 10 years after the child victim

attains 18 years of age.

(4) Nothing in this subdivision (j) shall be construed to

shorten a period within which a prosecution must be commenced

under any other provision of this Section.

(j-5) A prosecution for armed robbery, home invasion,

kidnapping, or aggravated kidnaping may be commenced at any

time if it arises out of the same course of conduct and meets

the criteria under one of the offenses in subsection (j) of

this Section.

(k) (Blank).

(l) A prosecution for any offense set forth in Section 26-4

of this Code may be commenced within one year after the

discovery of the offense by the victim of that offense.

(l-5) A prosecution for any offense involving sexual

conduct or sexual penetration, as defined in Section 11-0.1 of

this Code, in which the victim was 18 years of age or older at

the time of the offense, may be commenced within one year after

the discovery of the offense by the victim when corroborating

physical evidence is available. The charging document shall

state that the statute of limitations is extended under this

subsection (l-5) and shall state the circumstances justifying

the extension. Nothing in this subsection (l-5) shall be

construed to shorten a period within which a prosecution must

be commenced under any other provision of this Section or

Section 3-5 of this Code.

(m) The prosecution shall not be required to prove at trial

facts which extend the general limitations in Section 3-5 of

this Code when the facts supporting extension of the period of

general limitations are properly pled in the charging document.

Any challenge relating to the extension of the general

limitations period as defined in this Section shall be

exclusively conducted under Section 114-1 of the Code of

Criminal Procedure of 1963.

(n) A prosecution for any offense set forth in subsection

(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the

Illinois Public Aid Code, in which the total amount of money

involved is $5,000 or more, including the monetary value of

food stamps and the value of commodities under Section 16-1 of

this Code may be commenced within 5 years of the last act

committed in furtherance of the offense.

(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;

100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.

1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,

eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)

(720 ILCS 5/11-9.2)

Sec. 11-9.2. Custodial sexual misconduct.

(a) A person commits custodial sexual misconduct when: (1)

he or she is an employee of a penal system and engages in

sexual conduct or sexual penetration with a person who is in

the custody of that penal system; (2) he or she is an employee

of a treatment and detention facility and engages in sexual

conduct or sexual penetration with a person who is in the

custody of that treatment and detention facility; or (3) he or

she is an employee of a law enforcement agency and engages in

sexual conduct or sexual penetration with a person who is in

the custody of a law enforcement agency or employee.

(b) A probation or supervising officer, surveillance

agent, or aftercare specialist commits custodial sexual

misconduct when the probation or supervising officer,

surveillance agent, or aftercare specialist engages in sexual

conduct or sexual penetration with a probationer, parolee, or

releasee or person serving a term of conditional release who is

under the supervisory, disciplinary, or custodial authority of

the officer or agent or employee so engaging in the sexual

conduct or sexual penetration.

(c) Custodial sexual misconduct is a Class 3 felony.

(d) Any person convicted of violating this Section

immediately shall forfeit his or her employment with a law

enforcement agency, a penal system, a treatment and detention

facility, or a conditional release program.

(e) In this Section, the consent of the probationer,

parolee, releasee, inmate in custody of the penal system or

person detained or civilly committed under the Sexually Violent

Persons Commitment Act, or a person in the custody of a law

enforcement agency or employee shall not be a defense to a

prosecution under this Section. A person is deemed incapable of

consent, for purposes of this Section, when he or she is a

probationer, parolee, releasee, inmate in custody of a penal

system or person detained or civilly committed under the

Sexually Violent Persons Commitment Act, or a person in the

custody of a law enforcement agency or employee.

(f) This Section does not apply to:

(1) Any employee, probation or supervising officer,

surveillance agent, or aftercare specialist who is

lawfully married to a person in custody if the marriage

occurred before the date of custody.

(2) Any employee, probation or supervising officer,

surveillance agent, or aftercare specialist who has no

knowledge, and would have no reason to believe, that the

person with whom he or she engaged in custodial sexual

misconduct was a person in custody.

(g) In this Section:

(0.5) "Aftercare specialist" means any person employed

by the Department of Juvenile Justice to supervise and

facilitate services for persons placed on aftercare

release.

(1) "Custody" means:

(i) pretrial incarceration or detention;

(ii) incarceration or detention under a sentence

or commitment to a State or local penal institution;

(iii) parole, aftercare release, or mandatory

supervised release;

(iv) electronic monitoring or home detention;

(v) probation;

(vi) detention or civil commitment either in

secure care or in the community under the Sexually

Violent Persons Commitment Act; or

(vii) detention detained or under arrest by a law

enforcement agency or employee.

(2) "Penal system" means any system which includes

institutions as defined in Section 2-14 of this Code or a

county shelter care or detention home established under

Section 1 of the County Shelter Care and Detention Home

Act.

(2.1) "Treatment and detention facility" means any

Department of Human Services facility established for the

detention or civil commitment of persons under the Sexually

Violent Persons Commitment Act.

(2.2) "Conditional release" means a program of

treatment and services, vocational services, and alcohol

or other drug abuse treatment provided to any person

civilly committed and conditionally released to the

community under the Sexually Violent Persons Commitment

Act;

(3) "Employee" means:

(i) an employee of any governmental agency of this

State or any county or municipal corporation that has

by statute, ordinance, or court order the

responsibility for the care, control, or supervision

of pretrial or sentenced persons in a penal system or

persons detained or civilly committed under the

Sexually Violent Persons Commitment Act;

(ii) a contractual employee of a penal system as

defined in paragraph (g)(2) of this Section who works

in a penal institution as defined in Section 2-14 of

this Code;

(iii) a contractual employee of a "treatment and

detention facility" as defined in paragraph (g)(2.1)

of this Code or a contractual employee of the

Department of Human Services who provides supervision

of persons serving a term of conditional release as

defined in paragraph (g)(2.2) of this Code; or

(iv) an employee of a law enforcement agency.

(3.5) "Law enforcement agency" means an agency of the

State or of a unit of local government charged with

enforcement of State, county, or municipal laws or with

managing custody of detained persons in the State, but not

including a State's Attorney.

(4) "Sexual conduct" or "sexual penetration" means any

act of sexual conduct or sexual penetration as defined in

Section 11-0.1 of this Code.

(5) "Probation officer" means any person employed in a

probation or court services department as defined in

Section 9b of the Probation and Probation Officers Act.

(6) "Supervising officer" means any person employed to

supervise persons placed on parole or mandatory supervised

release with the duties described in Section 3-14-2 of the

Unified Code of Corrections.

(7) "Surveillance agent" means any person employed or

contracted to supervise persons placed on conditional

release in the community under the Sexually Violent Persons

Commitment Act.

(Source: P.A. 100-431, eff. 8-25-17; 100-693, eff. 8-3-18;

revised 10-9-18.)

(720 ILCS 5/33G-6)

(Section scheduled to be repealed on June 11, 2022)

Sec. 33G-6. Remedial proceedings, procedures, and

forfeiture. Under this Article:

(a) Under this Article, the The circuit court shall have

jurisdiction to prevent and restrain violations of this Article

by issuing appropriate orders, including:

(1) ordering any person to disgorge illicit proceeds

obtained by a violation of this Article or divest himself

or herself of any interest, direct or indirect, in any

enterprise or real or personal property of any character,

including money, obtained, directly or indirectly, by a

violation of this Article;

(2) imposing reasonable restrictions on the future

activities or investments of any person or enterprise,

including prohibiting any person or enterprise from

engaging in the same type of endeavor as the person or

enterprise engaged in, that violated this Article; or

(3) ordering dissolution or reorganization of any

enterprise, making due provision for the rights of innocent

persons.

(b) Any violation of this Article is subject to the

remedies, procedures, and forfeiture as set forth in Article

29B of this Code.

(c) Property seized or forfeited under this Article is

subject to reporting under the Seizure and Forfeiture Reporting

Act.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;

revised 10-3-18.)

Section 690. The Illinois Controlled Substances Act is

amended by changing Sections 316, 320, and 411.2 as follows:

(720 ILCS 570/316)

Sec. 316. Prescription Monitoring Program.

(a) The Department must provide for a Prescription

Monitoring Program for Schedule II, III, IV, and V controlled

substances that includes the following components and

requirements:

(1) The dispenser must transmit to the central

repository, in a form and manner specified by the

Department, the following information:

(A) The recipient's name and address.

(B) The recipient's date of birth and gender.

(C) The national drug code number of the controlled

substance dispensed.

(D) The date the controlled substance is

dispensed.

(E) The quantity of the controlled substance

dispensed and days supply.

(F) The dispenser's United States Drug Enforcement

Administration registration number.

(G) The prescriber's United States Drug

Enforcement Administration registration number.

(H) The dates the controlled substance

prescription is filled.

(I) The payment type used to purchase the

controlled substance (i.e. Medicaid, cash, third party

insurance).

(J) The patient location code (i.e. home, nursing

home, outpatient, etc.) for the controlled substances

other than those filled at a retail pharmacy.

(K) Any additional information that may be

required by the department by administrative rule,

including but not limited to information required for

compliance with the criteria for electronic reporting

of the American Society for Automation and Pharmacy or

its successor.

(2) The information required to be transmitted under

this Section must be transmitted not later than the end of

the next business day after the date on which a controlled

substance is dispensed, or at such other time as may be

required by the Department by administrative rule.

(3) A dispenser must transmit the information required

under this Section by:

(A) an electronic device compatible with the

receiving device of the central repository;

(B) a computer diskette;

(C) a magnetic tape; or

(D) a pharmacy universal claim form or Pharmacy

Inventory Control form. ;

(4) The Department may impose a civil fine of up to

$100 per day for willful failure to report controlled

substance dispensing to the Prescription Monitoring

Program. The fine shall be calculated on no more than the

number of days from the time the report was required to be

made until the time the problem was resolved, and shall be

payable to the Prescription Monitoring Program.

(b) The Department, by rule, may include in the

Prescription Monitoring Program certain other select drugs

that are not included in Schedule II, III, IV, or V. The

Prescription Monitoring Program does not apply to controlled

substance prescriptions as exempted under Section 313.

(c) The collection of data on select drugs and scheduled

substances by the Prescription Monitoring Program may be used

as a tool for addressing oversight requirements of long-term

care institutions as set forth by Public Act 96-1372. Long-term

care pharmacies shall transmit patient medication profiles to

the Prescription Monitoring Program monthly or more frequently

as established by administrative rule.

(d) The Department of Human Services shall appoint a

full-time Clinical Director of the Prescription Monitoring

Program.

(e) (Blank).

(f) Within one year of January 1, 2008 (the effective date

of 100-564) this amendatory Act of the 100th General Assembly,

the Department shall adopt rules requiring all Electronic

Health Records Systems to interface with the Prescription

Monitoring Program application program on or before January 1,

2021 to ensure that all providers have access to specific

patient records during the treatment of their patients. These

rules shall also address the electronic integration of pharmacy

records with the Prescription Monitoring Program to allow for

faster transmission of the information required under this

Section. The Department shall establish actions to be taken if

a prescriber's Electronic Health Records System does not

effectively interface with the Prescription Monitoring Program

within the required timeline.

(g) The Department, in consultation with the Advisory

Committee, shall adopt rules allowing licensed prescribers or

pharmacists who have registered to access the Prescription

Monitoring Program to authorize a licensed or non-licensed

designee employed in that licensed prescriber's office or a

licensed designee in a licensed pharmacist's pharmacy, and who

has received training in the federal Health Insurance

Portability and Accountability Act to consult the Prescription

Monitoring Program on their behalf. The rules shall include

reasonable parameters concerning a practitioner's authority to

authorize a designee, and the eligibility of a person to be

selected as a designee. In this subsection (g), "pharmacist"

shall include a clinical pharmacist employed by and designated

by a Medicaid Managed Care Organization providing services

under Article V of the Illinois Public Aid Code under a

contract with the Department of Healthcare Health and Family

Services for the sole purpose of clinical review of services

provided to persons covered by the entity under the contract to

determine compliance with subsections (a) and (b) of Section

314.5 of this Act. A managed care entity pharmacist shall

notify prescribers of review activities.

(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18;

100-861, eff. 8-14-18; 100-1005, eff. 8-21-18; 100-1093, eff.

8-26-18; revised 10-9-18.)

(720 ILCS 570/320)

Sec. 320. Advisory committee.

(a) There is created a Prescription Monitoring Program

Advisory Committee to assist the Department of Human Services

in implementing the Prescription Monitoring Program created by

this Article and to advise the Department on the professional

performance of prescribers and dispensers and other matters

germane to the advisory committee's field of competence.

(b) The Prescription Monitoring Program Advisory Committee

shall consist of 16 members appointed by the Clinical Director

of the Prescription Monitoring Program composed of prescribers

and dispensers licensed to practice medicine in his or her

respective profession as follows: one family or primary care

physician; one pain specialist physician; 4 other physicians,

one of whom may be an ophthalmologist; 2 advanced practice

registered nurses; one physician assistant; one optometrist;

one dentist; one veterinarian; one clinical representative

from a statewide organization representing hospitals; and 3

pharmacists. The Advisory Committee members serving on August

26, 2018 (the effective date of Public Act 100-1093) this

amendatory Act of the 100th General Assembly shall continue to

serve until January 1, 2019. Prescriber and dispenser

nominations for membership on the Committee shall be submitted

by their respective professional associations. If there are

more nominees than membership positions for a prescriber or

dispenser category, as provided in this subsection (b), the

Clinical Director of the Prescription Monitoring Program shall

appoint a member or members for each profession as provided in

this subsection (b), from the nominations to serve on the

advisory committee. At the first meeting of the Committee in

2019 members shall draw lots for initial terms and 6 members

shall serve 3 years, 5 members shall serve 2 years, and 5

members shall serve one year. Thereafter, members shall serve

3-year 3 year terms. Members may serve more than one term but

no more than 3 terms. The Clinical Director of the Prescription

Monitoring Program may appoint a representative of an

organization representing a profession required to be

appointed. The Clinical Director of the Prescription

Monitoring Program shall serve as the Secretary of the

committee.

(c) The advisory committee may appoint a chairperson and

other officers as it deems appropriate.

(d) The members of the advisory committee shall receive no

compensation for their services as members of the advisory

committee, unless appropriated by the General Assembly, but may

be reimbursed for their actual expenses incurred in serving on

the advisory committee.

(e) The advisory committee shall:

(1) provide a uniform approach to reviewing this Act in

order to determine whether changes should be recommended to

the General Assembly;

(2) review current drug schedules in order to manage

changes to the administrative rules pertaining to the

utilization of this Act;

(3) review the following: current clinical guidelines

developed by health care professional organizations on the

prescribing of opioids or other controlled substances;

accredited continuing education programs related to

prescribing and dispensing; programs or information

developed by health care professional organizations that

may be used to assess patients or help ensure compliance

with prescriptions; updates from the Food and Drug

Administration, the Centers for Disease Control and

Prevention, and other public and private organizations

which are relevant to prescribing and dispensing; relevant

medical studies; and other publications which involve the

prescription of controlled substances;

(4) make recommendations for inclusion of these

materials or other studies which may be effective resources

for prescribers and dispensers on the Internet website of

the inquiry system established under Section 318;

(5) semi-annually review the content of the Internet

website of the inquiry system established pursuant to

Section 318 to ensure this Internet website has the most

current available information;

(6) semi-annually review opportunities for federal

grants and other forms of funding to support projects which

will increase the number of pilot programs which integrate

the inquiry system with electronic health records; and

(7) semi-annually review communication to be sent to

all registered users of the inquiry system established

pursuant to Section 318, including recommendations for

relevant accredited continuing education and information

regarding prescribing and dispensing.

(f) The Advisory Committee shall select from its members 11

members of the Peer Review Committee composed of: 6, and one

dentist,

(1) 3 physicians;

(2) 3 pharmacists;

(3) one dentist;

(4) one advanced practice registered nurse;

(4.5) one veterinarian;

(5) one physician assistant; and

(6) one optometrist.

The purpose of the Peer Review Committee is to establish a

formal peer review of professional performance of prescribers

and dispensers. The deliberations, information, and

communications of the Peer Review Committee are privileged and

confidential and shall not be disclosed in any manner except in

accordance with current law.

(1) The Peer Review Committee shall periodically

review the data contained within the prescription

monitoring program to identify those prescribers or

dispensers who may be prescribing or dispensing outside the

currently accepted standard and practice of their

profession. The Peer Review Committee member, whose

profession is the same as the prescriber or dispenser being

reviewed, shall prepare a preliminary report and

recommendation for any non-action or action. The

Prescription Monitoring Program Clinical Director and

staff shall provide the necessary assistance and data as

required.

(2) The Peer Review Committee may identify prescribers

or dispensers who may be prescribing outside the currently

accepted medical standards in the course of their

professional practice and send the identified prescriber

or dispenser a request for information regarding their

prescribing or dispensing practices. This request for

information shall be sent via certified mail, return

receipt requested. A prescriber or dispenser shall have 30

days to respond to the request for information.

(3) The Peer Review Committee shall refer a prescriber

or a dispenser to the Department of Financial and

Professional Regulation in the following situations:

(i) if a prescriber or dispenser does not respond

to three successive requests for information;

(ii) in the opinion of a majority of members of the

Peer Review Committee, the prescriber or dispenser

does not have a satisfactory explanation for the

practices identified by the Peer Review Committee in

its request for information; or

(iii) following communications with the Peer

Review Committee, the prescriber or dispenser does not

sufficiently rectify the practices identified in the

request for information in the opinion of a majority of

the members of the Peer Review Committee.

(4) The Department of Financial and Professional

Regulation may initiate an investigation and discipline in

accordance with current laws and rules for any prescriber

or dispenser referred by the Peer Review Committee peer

review subcommittee.

(5) The Peer Review Committee shall prepare an annual

report starting on July 1, 2017. This report shall contain

the following information: the number of times the Peer

Review Committee was convened; the number of prescribers or

dispensers who were reviewed by the Peer Review Committee;

the number of requests for information sent out by the Peer

Review Committee; and the number of prescribers or

dispensers referred to the Department of Financial and

Professional Regulation. The annual report shall be

delivered electronically to the Department and to the

General Assembly. The report to the General Assembly shall

be filed with the Clerk of the House of Representatives and

the Secretary of the Senate in electronic form only, in the

manner that the Clerk and the Secretary shall direct. The

report prepared by the Peer Review Committee shall not

identify any prescriber, dispenser, or patient.

(Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18;

100-861, eff. 8-14-18; 100-1093, eff. 8-26-18; revised

10-3-18.)

(720 ILCS 570/411.2)

(Text of Section before amendment by P.A. 100-987)

Sec. 411.2. (a) Every person convicted of a violation of

this Act, and every person placed on probation, conditional

discharge, supervision or probation under Section 410 of this

Act, shall be assessed for each offense a sum fixed at:

(1) $3,000 for a Class X felony;

(2) $2,000 for a Class 1 felony;

(3) $1,000 for a Class 2 felony;

(4) $500 for a Class 3 or Class 4 felony;

(5) $300 for a Class A misdemeanor;

(6) $200 for a Class B or Class C misdemeanor.

(b) The assessment under this Section is in addition to and

not in lieu of any fines, restitution costs, forfeitures or

other assessments authorized or required by law.

(c) As a condition of the assessment, the court may require

that payment be made in specified installments or within a

specified period of time. If the assessment is not paid within

the period of probation, conditional discharge or supervision

to which the defendant was originally sentenced, the court may

extend the period of probation, conditional discharge or

supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified

Code of Corrections, as applicable, until the assessment is

paid or until successful completion of public or community

service set forth in subsection (e) or the successful

completion of the substance abuse intervention or treatment

program set forth in subsection (f). If a term of probation,

conditional discharge or supervision is not imposed, the

assessment shall be payable upon judgment or as directed by the

court.

(d) If an assessment for a violation of this Act is imposed

on an organization, it is the duty of each individual

authorized to make disbursements of the assets of the

organization to pay the assessment from assets of the

organization.

(e) A defendant who has been ordered to pay an assessment

may petition the court to convert all or part of the assessment

into court-approved public or community service. One hour of

public or community service shall be equivalent to $4 of

assessment. The performance of this public or community service

shall be a condition of the probation, conditional discharge or

supervision and shall be in addition to the performance of any

other period of public or community service ordered by the

court or required by law.

(f) The court may suspend the collection of the assessment

imposed under this Section; provided the defendant agrees to

enter a substance abuse intervention or treatment program

approved by the court; and further provided that the defendant

agrees to pay for all or some portion of the costs associated

with the intervention or treatment program. In this case, the

collection of the assessment imposed under this Section shall

be suspended during the defendant's participation in the

approved intervention or treatment program. Upon successful

completion of the program, the defendant may apply to the court

to reduce the assessment imposed under this Section by any

amount actually paid by the defendant for his or her

participation in the program. The court shall not reduce the

penalty under this subsection unless the defendant establishes

to the satisfaction of the court that he or she has

successfully completed the intervention or treatment program.

If the defendant's participation is for any reason terminated

before his or her successful completion of the intervention or

treatment program, collection of the entire assessment imposed

under this Section shall be enforced. Nothing in this Section

shall be deemed to affect or suspend any other fines,

restitution costs, forfeitures or assessments imposed under

this or any other Act.

(g) The court shall not impose more than one assessment per

complaint, indictment or information. If the person is

convicted of more than one offense in a complaint, indictment

or information, the assessment shall be based on the highest

class offense for which the person is convicted.

(h) In counties under 3,000,000, all moneys collected under

this Section shall be forwarded by the clerk of the circuit

court to the State Treasurer for deposit in the Drug Treatment

Fund, which is hereby established as a special fund within the

State Treasury. The Department of Human Services may make

grants to persons licensed under Section 15-10 of the Substance

Use Disorder Act or to municipalities or counties from funds

appropriated to the Department from the Drug Treatment Fund for

the treatment of pregnant women who are addicted to alcohol,

cannabis or controlled substances and for the needed care of

minor, unemancipated children of women undergoing residential

drug treatment. If the Department of Human Services grants

funds to a municipality or a county that the Department

determines is not experiencing a problem with pregnant women

addicted to alcohol, cannabis or controlled substances, or with

care for minor, unemancipated children of women undergoing

residential drug treatment, or intervention, the funds shall be

used for the treatment of any person addicted to alcohol,

cannabis or controlled substances. The Department may adopt

such rules as it deems appropriate for the administration of

such grants.

(i) In counties over 3,000,000, all moneys collected under

this Section shall be forwarded to the County Treasurer for

deposit into the County Health Fund. The County Treasurer

shall, no later than the 15th day of each month, forward to the

State Treasurer 30 percent of all moneys collected under this

Act and received into the County Health Fund since the prior

remittance to the State Treasurer. Funds retained by the County

shall be used for community-based treatment of pregnant women

who are addicted to alcohol, cannabis, or controlled substances

or for the needed care of minor, unemancipated children of

these women. Funds forwarded to the State Treasurer shall be

deposited into the State Drug Treatment Fund maintained by the

State Treasurer from which the Department of Human Services may

make grants to persons licensed under Section 15-10 of the

Substance Use Disorder Act or to municipalities or counties

from funds appropriated to the Department from the Drug

Treatment Fund, provided that the moneys collected from each

county be returned proportionately to the counties through

grants to licensees located within the county from which the

assessment was received and moneys in the State Drug Treatment

Fund shall not supplant other local, State or federal funds. If

the Department of Human Services grants funds to a municipality

or county that the Department determines is not experiencing a

problem with pregnant women addicted to alcohol, cannabis or

controlled substances, or with care for minor, unemancipated

children or women undergoing residential drug treatment, the

funds shall be used for the treatment of any person addicted to

alcohol, cannabis or controlled substances. The Department may

adopt such rules as it deems appropriate for the administration

of such grants.

(Source: P.A. 100-759, eff. 1-1-19.)

(Text of Section after amendment by P.A. 100-987)

Sec. 411.2. Drug Treatment Fund; drug treatment grants.

(a) (Blank).

(b) (Blank).

(c) (Blank).

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) (Blank).

(h) The Drug Treatment Fund is hereby established as a

special fund within the State Treasury. The Department of Human

Services may make grants to persons licensed under Section

15-10 of the Substance Use Disorder Act or to municipalities or

counties from funds appropriated to the Department from the

Drug Treatment Fund for the treatment of pregnant women who are

addicted to alcohol, cannabis, or controlled substances and for

the needed care of minor, unemancipated children of women

undergoing residential drug treatment. If the Department of

Human Services grants funds to a municipality or a county that

the Department determines is not experiencing a problem with

pregnant women addicted to alcohol, cannabis, or controlled

substances, or with care for minor, unemancipated children of

women undergoing residential drug treatment, or intervention,

the funds shall be used for the treatment of any person

addicted to alcohol, cannabis, or controlled substances. The

Department may adopt such rules as it deems appropriate for the

administration of such grants.

(i) (Blank). Substance Use Disorder Act

(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;

revised 10-22-18.)

Section 695. The Methamphetamine Control and Community

Protection Act is amended by changing Section 80 as follows:

(720 ILCS 646/80)

(Text of Section before amendment by P.A. 100-987)

Sec. 80. Assessment.

(a) Every person convicted of a violation of this Act, and

every person placed on probation, conditional discharge,

supervision, or probation under this Act, shall be assessed for

each offense a sum fixed at:

(1) $3,000 for a Class X felony;

(2) $2,000 for a Class 1 felony;

(3) $1,000 for a Class 2 felony;

(4) $500 for a Class 3 or Class 4 felony.

(b) The assessment under this Section is in addition to and

not in lieu of any fines, restitution, costs, forfeitures, or

other assessments authorized or required by law.

(c) As a condition of the assessment, the court may require

that payment be made in specified installments or within a

specified period of time. If the assessment is not paid within

the period of probation, conditional discharge, or supervision

to which the defendant was originally sentenced, the court may

extend the period of probation, conditional discharge, or

supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified

Code of Corrections, as applicable, until the assessment is

paid or until successful completion of public or community

service set forth in subsection (e) or the successful

completion of the substance abuse intervention or treatment

program set forth in subsection (f). If a term of probation,

conditional discharge, or supervision is not imposed, the

assessment shall be payable upon judgment or as directed by the

court.

(d) If an assessment for a violation of this Act is imposed

on an organization, it is the duty of each individual

authorized to make disbursements of the assets of the

organization to pay the assessment from assets of the

organization.

(e) A defendant who has been ordered to pay an assessment

may petition the court to convert all or part of the assessment

into court-approved public or community service. One hour of

public or community service shall be equivalent to $4 of

assessment. The performance of this public or community service

shall be a condition of the probation, conditional discharge,

or supervision and shall be in addition to the performance of

any other period of public or community service ordered by the

court or required by law.

(f) The court may suspend the collection of the assessment

imposed under this Section if the defendant agrees to enter a

substance abuse intervention or treatment program approved by

the court and the defendant agrees to pay for all or some

portion of the costs associated with the intervention or

treatment program. In this case, the collection of the

assessment imposed under this Section shall be suspended during

the defendant's participation in the approved intervention or

treatment program. Upon successful completion of the program,

the defendant may apply to the court to reduce the assessment

imposed under this Section by any amount actually paid by the

defendant for his or her participation in the program. The

court shall not reduce the penalty under this subsection unless

the defendant establishes to the satisfaction of the court that

he or she has successfully completed the intervention or

treatment program. If the defendant's participation is for any

reason terminated before his or her successful completion of

the intervention or treatment program, collection of the entire

assessment imposed under this Section shall be enforced.

Nothing in this Section shall be deemed to affect or suspend

any other fines, restitution costs, forfeitures, or

assessments imposed under this or any other Act.

(g) The court shall not impose more than one assessment per

complaint, indictment, or information. If the person is

convicted of more than one offense in a complaint, indictment,

or information, the assessment shall be based on the highest

class offense for which the person is convicted.

(h) In counties with a population under 3,000,000, all

moneys collected under this Section shall be forwarded by the

clerk of the circuit court to the State Treasurer for deposit

in the Drug Treatment Fund. The Department of Human Services

may make grants to persons licensed under Section 15-10 of the

Substance Use Disorder Act or to municipalities or counties

from funds appropriated to the Department from the Drug

Treatment Fund for the treatment of pregnant women who are

addicted to alcohol, cannabis or controlled substances and for

the needed care of minor, unemancipated children of women

undergoing residential drug treatment. If the Department of

Human Services grants funds to a municipality or a county that

the Department determines is not experiencing a problem with

pregnant women addicted to alcohol, cannabis or controlled

substances, or with care for minor, unemancipated children of

women undergoing residential drug treatment, or intervention,

the funds shall be used for the treatment of any person

addicted to alcohol, cannabis, or controlled substances. The

Department may adopt such rules as it deems appropriate for the

administration of such grants.

(i) In counties with a population of 3,000,000 or more, all

moneys collected under this Section shall be forwarded to the

County Treasurer for deposit into the County Health Fund. The

County Treasurer shall, no later than the 15th day of each

month, forward to the State Treasurer 30 percent of all moneys

collected under this Act and received into the County Health

Fund since the prior remittance to the State Treasurer. Funds

retained by the County shall be used for community-based

treatment of pregnant women who are addicted to alcohol,

cannabis, or controlled substances or for the needed care of

minor, unemancipated children of these women. Funds forwarded

to the State Treasurer shall be deposited into the State Drug

Treatment Fund maintained by the State Treasurer from which the

Department of Human Services may make grants to persons

licensed under Section 15-10 of the Alcoholism and Other Drug

Abuse and Dependency Act or to municipalities or counties from

funds appropriated to the Department from the Drug Treatment

Fund, provided that the moneys collected from each county be

returned proportionately to the counties through grants to

licensees located within the county from which the assessment

was received and moneys in the State Drug Treatment Fund shall

not supplant other local, State or federal funds. If the

Department of Human Services grants funds to a municipality or

county that the Department determines is not experiencing a

problem with pregnant women addicted to alcohol, cannabis or

controlled substances, or with care for minor, unemancipated

children or women undergoing residential drug treatment, the

funds shall be used for the treatment of any person addicted to

alcohol, cannabis or controlled substances. The Department may

adopt such rules as it deems appropriate for the administration

of such grants.

(Source: P.A. 100-759, eff. 1-1-19.)

(Text of Section after amendment by P.A. 100-987)

Sec. 80. Drug treatment grants.

(a) (Blank).

(b) (Blank).

(c) (Blank).

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) (Blank).

(h) The Department of Human Services may make grants to

persons licensed under Section 15-10 of the Substance Use

Disorder Act or to municipalities or counties from funds

appropriated to the Department from the Drug Treatment Fund for

the treatment of pregnant women who are addicted to alcohol,

cannabis, or controlled substances and for the needed care of

minor, unemancipated children of women undergoing residential

drug treatment. If the Department of Human Services grants

funds to a municipality or a county that the Department

determines is not experiencing a problem with pregnant women

addicted to alcohol, cannabis, or controlled substances, or

with care for minor, unemancipated children of women undergoing

residential drug treatment, or intervention, the funds shall be

used for the treatment of any person addicted to alcohol,

cannabis, or controlled substances. The Department may adopt

such rules as it deems appropriate for the administration of

such grants.

(i) (Blank).

(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;

revised 10-12-18.)

Section 700. The Code of Criminal Procedure of 1963 is

amended by changing Sections 110-17, 112A-4.5, and 112A-14 as

follows:

(725 ILCS 5/110-17) (from Ch. 38, par. 110-17)

Sec. 110-17. Unclaimed bail deposits. Any sum of money

deposited by any person to secure his or her release from

custody which remains unclaimed by the person entitled to its

return for 3 years after the conditions of the bail bond have

been performed and the accused has been discharged from all

obligations in the cause shall be presumed to be abandoned and

subject to disposition under the Revised Uniform Unclaimed

Property Act.

(a) (Blank).

(b) (Blank).

(c) (Blank).

(d) (Blank).

(e) (Blank).

(Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19;

revised 10-3-18.)

(725 ILCS 5/112A-4.5)

Sec. 112A-4.5. Who may file petition.

(a) A petition for a domestic violence order of protection

may be filed:

(1) by a named victim who has been abused by a family

or household member;

(2) by any person or by the State's Attorney on behalf

of a named victim who is a minor child or an adult who has

been abused by a family or household member and who,

because of age, health, disability, or inaccessibility,

cannot file the petition; or

(3) by a State's Attorney on behalf of any minor child

or dependent adult in the care of the named victim, if the

named victim does not file a petition or request the

State's Attorney file the petition; or

(4) (3) any of the following persons if the person is

abused by a family or household member of a child:

(i) a foster parent of that child if the child has

been placed in the foster parent's home by the

Department of Children and Family Services or by

another state's public child welfare agency;

(ii) a legally appointed guardian or legally

appointed custodian of that child;

(iii) an adoptive parent of that child;

(iv) a prospective adoptive parent of that child if

the child has been placed in the prospective adoptive

parent's home pursuant to the Adoption Act or pursuant

to another state's law.

For purposes of this paragraph (a)(4) (3), individuals who

would have been considered "family or household members" of the

child under paragraph (3) of subsection (b) of Section 112A-3

before a termination of the parental rights with respect to the

child continue to meet the definition of "family or household

members" of the child.

(b) A petition for a civil no contact order may be filed:

(1) by any person who is a named victim of

non-consensual sexual conduct or non-consensual sexual

penetration, including a single incident of non-consensual

sexual conduct or non-consensual sexual penetration;

(2) by a person or by the State's Attorney on behalf of

a named victim who is a minor child or an adult who is a

victim of non-consensual sexual conduct or non-consensual

sexual penetration but, because of age, disability,

health, or inaccessibility, cannot file the petition; or

(3) by a State's Attorney on behalf of any minor child

who is a family or household member of the named victim, if

the named victim does not file a petition or request the

State's Attorney file the petition.

(c) A petition for a stalking no contact order may be

filed:

(1) by any person who is a named victim of stalking;

(2) by a person or by the State's Attorney on behalf of

a named victim who is a minor child or an adult who is a

victim of stalking but, because of age, disability, health,

or inaccessibility, cannot file the petition; or

(3) by a State's Attorney on behalf of any minor child

who is a family or household member of the named victim, if

the named victim does not file a petition or request the

State's Attorney file the petition.

(d) The State's Attorney shall file a petition on behalf of

any person who may file a petition under subsections (a), (b),

or (c) of this Section if the person requests the State's

Attorney to file a petition on the person's behalf, unless the

State's Attorney has a good faith basis to delay filing the

petition. The State's Attorney shall inform the person that the

State's Attorney will not be filing the petition at that time

and that the person may file a petition or may retain an

attorney to file the petition. The State's Attorney may file

the petition at a later date.

(d-5) (1) A person eligible to file a petition under

subsection (a), (b), or (c) of this Section may retain an

attorney to represent the petitioner on the petitioner's

request for a protective order. The attorney's representation

is limited to matters related to the petition and relief

authorized under this Article.

(2) Advocates shall be allowed to accompany the petitioner

and confer with the victim, unless otherwise directed by the

court. Advocates are not engaged in the unauthorized practice

of law when providing assistance to the petitioner.

(e) Any petition properly filed under this Article may seek

protection for any additional persons protected by this

Article.

(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18;

100-639, eff. 1-1-19; revised 8-20-18.)

(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

Sec. 112A-14. Domestic violence order of protection;

remedies.

(a) (Blank).

(b) The court may order any of the remedies listed in this

subsection (b). The remedies listed in this subsection (b)

shall be in addition to other civil or criminal remedies

available to petitioner.

(1) Prohibition of abuse. Prohibit respondent's

harassment, interference with personal liberty,

intimidation of a dependent, physical abuse, or willful

deprivation, as defined in this Article, if such abuse has

occurred or otherwise appears likely to occur if not

prohibited.

(2) Grant of exclusive possession of residence.

Prohibit respondent from entering or remaining in any

residence, household, or premises of the petitioner,

including one owned or leased by respondent, if petitioner

has a right to occupancy thereof. The grant of exclusive

possession of the residence, household, or premises shall

not affect title to real property, nor shall the court be

limited by the standard set forth in subsection (c-2) of

Section 501 of the Illinois Marriage and Dissolution of

Marriage Act.

(A) Right to occupancy. A party has a right to

occupancy of a residence or household if it is solely

or jointly owned or leased by that party, that party's

spouse, a person with a legal duty to support that

party or a minor child in that party's care, or by any

person or entity other than the opposing party that

authorizes that party's occupancy (e.g., a domestic

violence shelter). Standards set forth in subparagraph

(B) shall not preclude equitable relief.

(B) Presumption of hardships. If petitioner and

respondent each has the right to occupancy of a

residence or household, the court shall balance (i) the

hardships to respondent and any minor child or

dependent adult in respondent's care resulting from

entry of this remedy with (ii) the hardships to

petitioner and any minor child or dependent adult in

petitioner's care resulting from continued exposure to

the risk of abuse (should petitioner remain at the

residence or household) or from loss of possession of

the residence or household (should petitioner leave to

avoid the risk of abuse). When determining the balance

of hardships, the court shall also take into account

the accessibility of the residence or household.

Hardships need not be balanced if respondent does not

have a right to occupancy.

The balance of hardships is presumed to favor

possession by petitioner unless the presumption is

rebutted by a preponderance of the evidence, showing

that the hardships to respondent substantially

outweigh the hardships to petitioner and any minor

child or dependent adult in petitioner's care. The

court, on the request of petitioner or on its own

motion, may order respondent to provide suitable,

accessible, alternate housing for petitioner instead

of excluding respondent from a mutual residence or

household.

(3) Stay away order and additional prohibitions. Order

respondent to stay away from petitioner or any other person

protected by the domestic violence order of protection, or

prohibit respondent from entering or remaining present at

petitioner's school, place of employment, or other

specified places at times when petitioner is present, or

both, if reasonable, given the balance of hardships.

Hardships need not be balanced for the court to enter a

stay away order or prohibit entry if respondent has no

right to enter the premises.

(A) If a domestic violence order of protection

grants petitioner exclusive possession of the

residence, prohibits respondent from entering the

residence, or orders respondent to stay away from

petitioner or other protected persons, then the court

may allow respondent access to the residence to remove

items of clothing and personal adornment used

exclusively by respondent, medications, and other

items as the court directs. The right to access shall

be exercised on only one occasion as the court directs

and in the presence of an agreed-upon adult third party

or law enforcement officer.

(B) When the petitioner and the respondent attend

the same public, private, or non-public elementary,

middle, or high school, the court when issuing a

domestic violence order of protection and providing

relief shall consider the severity of the act, any

continuing physical danger or emotional distress to

the petitioner, the educational rights guaranteed to

the petitioner and respondent under federal and State

law, the availability of a transfer of the respondent

to another school, a change of placement or a change of

program of the respondent, the expense, difficulty,

and educational disruption that would be caused by a

transfer of the respondent to another school, and any

other relevant facts of the case. The court may order

that the respondent not attend the public, private, or

non-public elementary, middle, or high school attended

by the petitioner, order that the respondent accept a

change of placement or change of program, as determined

by the school district or private or non-public school,

or place restrictions on the respondent's movements

within the school attended by the petitioner. The

respondent bears the burden of proving by a

preponderance of the evidence that a transfer, change

of placement, or change of program of the respondent is

not available. The respondent also bears the burden of

production with respect to the expense, difficulty,

and educational disruption that would be caused by a

transfer of the respondent to another school. A

transfer, change of placement, or change of program is

not unavailable to the respondent solely on the ground

that the respondent does not agree with the school

district's or private or non-public school's transfer,

change of placement, or change of program or solely on

the ground that the respondent fails or refuses to

consent or otherwise does not take an action required

to effectuate a transfer, change of placement, or

change of program. When a court orders a respondent to

stay away from the public, private, or non-public

school attended by the petitioner and the respondent

requests a transfer to another attendance center

within the respondent's school district or private or

non-public school, the school district or private or

non-public school shall have sole discretion to

determine the attendance center to which the

respondent is transferred. If the court order results

in a transfer of the minor respondent to another

attendance center, a change in the respondent's

placement, or a change of the respondent's program, the

parents, guardian, or legal custodian of the

respondent is responsible for transportation and other

costs associated with the transfer or change.

(C) The court may order the parents, guardian, or

legal custodian of a minor respondent to take certain

actions or to refrain from taking certain actions to

ensure that the respondent complies with the order. If

the court orders a transfer of the respondent to

another school, the parents, guardian, or legal

custodian of the respondent is responsible for

transportation and other costs associated with the

change of school by the respondent.

(4) Counseling. Require or recommend the respondent to

undergo counseling for a specified duration with a social

worker, psychologist, clinical psychologist, psychiatrist,

family service agency, alcohol or substance abuse program,

mental health center guidance counselor, agency providing

services to elders, program designed for domestic violence

abusers, or any other guidance service the court deems

appropriate. The court may order the respondent in any

intimate partner relationship to report to an Illinois

Department of Human Services protocol approved partner

abuse intervention program for an assessment and to follow

all recommended treatment.

(5) Physical care and possession of the minor child. In

order to protect the minor child from abuse, neglect, or

unwarranted separation from the person who has been the

minor child's primary caretaker, or to otherwise protect

the well-being of the minor child, the court may do either

or both of the following: (i) grant petitioner physical

care or possession of the minor child, or both, or (ii)

order respondent to return a minor child to, or not remove

a minor child from, the physical care of a parent or person

in loco parentis.

If the respondent is charged with abuse (as defined in

Section 112A-3 of this Code) of a minor child, there shall

be a rebuttable presumption that awarding physical care to

respondent would not be in the minor child's best interest.

(6) Temporary allocation of parental responsibilities

and significant decision-making responsibilities. Award

temporary significant decision-making responsibility to

petitioner in accordance with this Section, the Illinois

Marriage and Dissolution of Marriage Act, the Illinois

Parentage Act of 2015, and this State's Uniform

Child-Custody Jurisdiction and Enforcement Act.

If the respondent is charged with abuse (as defined in

Section 112A-3 of this Code) of a minor child, there shall

be a rebuttable presumption that awarding temporary

significant decision-making responsibility to respondent

would not be in the child's best interest.

(7) Parenting time. Determine the parenting time, if

any, of respondent in any case in which the court awards

physical care or temporary significant decision-making

responsibility of a minor child to petitioner. The court

shall restrict or deny respondent's parenting time with a

minor child if the court finds that respondent has done or

is likely to do any of the following:

(i) abuse or endanger the minor child during

parenting time;

(ii) use the parenting time as an opportunity to

abuse or harass petitioner or petitioner's family or

household members;

(iii) improperly conceal or detain the minor

child; or

(iv) otherwise act in a manner that is not in the

best interests of the minor child.

The court shall not be limited by the standards set

forth in Section 603.10 of the Illinois Marriage and

Dissolution of Marriage Act. If the court grants parenting

time, the order shall specify dates and times for the

parenting time to take place or other specific parameters

or conditions that are appropriate. No order for parenting

time shall refer merely to the term "reasonable parenting

time". Petitioner may deny respondent access to the minor

child if, when respondent arrives for parenting time,

respondent is under the influence of drugs or alcohol and

constitutes a threat to the safety and well-being of

petitioner or petitioner's minor children or is behaving in

a violent or abusive manner. If necessary to protect any

member of petitioner's family or household from future

abuse, respondent shall be prohibited from coming to

petitioner's residence to meet the minor child for

parenting time, and the petitioner and respondent shall

submit to the court their recommendations for reasonable

alternative arrangements for parenting time. A person may

be approved to supervise parenting time only after filing

an affidavit accepting that responsibility and

acknowledging accountability to the court.

(8) Removal or concealment of minor child. Prohibit

respondent from removing a minor child from the State or

concealing the child within the State.

(9) Order to appear. Order the respondent to appear in

court, alone or with a minor child, to prevent abuse,

neglect, removal or concealment of the child, to return the

child to the custody or care of the petitioner, or to

permit any court-ordered interview or examination of the

child or the respondent.

(10) Possession of personal property. Grant petitioner

exclusive possession of personal property and, if

respondent has possession or control, direct respondent to

promptly make it available to petitioner, if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the petitioner and respondent own the

property jointly; sharing it would risk abuse of

petitioner by respondent or is impracticable; and the

balance of hardships favors temporary possession by

petitioner.

If petitioner's sole claim to ownership of the property

is that it is marital property, the court may award

petitioner temporary possession thereof under the

standards of subparagraph (ii) of this paragraph only if a

proper proceeding has been filed under the Illinois

Marriage and Dissolution of Marriage Act, as now or

hereafter amended.

No order under this provision shall affect title to

property.

(11) Protection of property. Forbid the respondent

from taking, transferring, encumbering, concealing,

damaging, or otherwise disposing of any real or personal

property, except as explicitly authorized by the court, if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the petitioner and respondent own the

property jointly, and the balance of hardships favors

granting this remedy.

If petitioner's sole claim to ownership of the property

is that it is marital property, the court may grant

petitioner relief under subparagraph (ii) of this

paragraph only if a proper proceeding has been filed under

the Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended.

The court may further prohibit respondent from

improperly using the financial or other resources of an

aged member of the family or household for the profit or

advantage of respondent or of any other person.

(11.5) Protection of animals. Grant the petitioner the

exclusive care, custody, or control of any animal owned,

possessed, leased, kept, or held by either the petitioner

or the respondent or a minor child residing in the

residence or household of either the petitioner or the

respondent and order the respondent to stay away from the

animal and forbid the respondent from taking,

transferring, encumbering, concealing, harming, or

otherwise disposing of the animal.

(12) Order for payment of support. Order respondent to

pay temporary support for the petitioner or any child in

the petitioner's care or over whom the petitioner has been

allocated parental responsibility, when the respondent has

a legal obligation to support that person, in accordance

with the Illinois Marriage and Dissolution of Marriage Act,

which shall govern, among other matters, the amount of

support, payment through the clerk and withholding of

income to secure payment. An order for child support may be

granted to a petitioner with lawful physical care of a

child, or an order or agreement for physical care of a

child, prior to entry of an order allocating significant

decision-making responsibility. Such a support order shall

expire upon entry of a valid order allocating parental

responsibility differently and vacating petitioner's

significant decision-making responsibility unless

otherwise provided in the order.

(13) Order for payment of losses. Order respondent to

pay petitioner for losses suffered as a direct result of

the abuse. Such losses shall include, but not be limited

to, medical expenses, lost earnings or other support,

repair or replacement of property damaged or taken,

reasonable attorney's fees, court costs, and moving or

other travel expenses, including additional reasonable

expenses for temporary shelter and restaurant meals.

(i) Losses affecting family needs. If a party is

entitled to seek maintenance, child support, or

property distribution from the other party under the

Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended, the court may order

respondent to reimburse petitioner's actual losses, to

the extent that such reimbursement would be

"appropriate temporary relief", as authorized by

subsection (a)(3) of Section 501 of that Act.

(ii) Recovery of expenses. In the case of an

improper concealment or removal of a minor child, the

court may order respondent to pay the reasonable

expenses incurred or to be incurred in the search for

and recovery of the minor child, including, but not

limited to, legal fees, court costs, private

investigator fees, and travel costs.

(14) Prohibition of entry. Prohibit the respondent

from entering or remaining in the residence or household

while the respondent is under the influence of alcohol or

drugs and constitutes a threat to the safety and well-being

of the petitioner or the petitioner's children.

(14.5) Prohibition of firearm possession.

(A) A person who is subject to an existing domestic

violence order of protection issued under this Code may

not lawfully possess weapons under Section 8.2 of the

Firearm Owners Identification Card Act.

(B) Any firearms in the possession of the

respondent, except as provided in subparagraph (C) of

this paragraph (14.5), shall be ordered by the court to

be turned over to a person with a valid Firearm Owner's

Identification Card for safekeeping. The court shall

issue an order that the respondent's Firearm Owner's

Identification Card be turned over to the local law

enforcement agency, which in turn shall immediately

mail the card to the Department of State Police Firearm

Owner's Identification Card Office for safekeeping.

The period of safekeeping shall be for the duration of

the domestic violence order of protection. The firearm

or firearms and Firearm Owner's Identification Card,

if unexpired, shall at the respondent's request be

returned to the respondent at expiration of the

domestic violence order of protection.

(C) If the respondent is a peace officer as defined

in Section 2-13 of the Criminal Code of 2012, the court

shall order that any firearms used by the respondent in

the performance of his or her duties as a peace officer

be surrendered to the chief law enforcement executive

of the agency in which the respondent is employed, who

shall retain the firearms for safekeeping for the

duration of the domestic violence order of protection.

(D) Upon expiration of the period of safekeeping,

if the firearms or Firearm Owner's Identification Card

cannot be returned to respondent because respondent

cannot be located, fails to respond to requests to

retrieve the firearms, or is not lawfully eligible to

possess a firearm, upon petition from the local law

enforcement agency, the court may order the local law

enforcement agency to destroy the firearms, use the

firearms for training purposes, or for any other

application as deemed appropriate by the local law

enforcement agency; or that the firearms be turned over

to a third party who is lawfully eligible to possess

firearms, and who does not reside with respondent.

(15) Prohibition of access to records. If a domestic

violence order of protection prohibits respondent from

having contact with the minor child, or if petitioner's

address is omitted under subsection (b) of Section 112A-5

of this Code, or if necessary to prevent abuse or wrongful

removal or concealment of a minor child, the order shall

deny respondent access to, and prohibit respondent from

inspecting, obtaining, or attempting to inspect or obtain,

school or any other records of the minor child who is in

the care of petitioner.

(16) Order for payment of shelter services. Order

respondent to reimburse a shelter providing temporary

housing and counseling services to the petitioner for the

cost of the services, as certified by the shelter and

deemed reasonable by the court.

(17) Order for injunctive relief. Enter injunctive

relief necessary or appropriate to prevent further abuse of

a family or household member or to effectuate one of the

granted remedies, if supported by the balance of hardships.

If the harm to be prevented by the injunction is abuse or

any other harm that one of the remedies listed in

paragraphs (1) through (16) of this subsection is designed

to prevent, no further evidence is necessary to establish

that the harm is an irreparable injury.

(18) Telephone services.

(A) Unless a condition described in subparagraph

(B) of this paragraph exists, the court may, upon

request by the petitioner, order a wireless telephone

service provider to transfer to the petitioner the

right to continue to use a telephone number or numbers

indicated by the petitioner and the financial

responsibility associated with the number or numbers,

as set forth in subparagraph (C) of this paragraph. In

this paragraph (18), the term "wireless telephone

service provider" means a provider of commercial

mobile service as defined in 47 U.S.C. 332. The

petitioner may request the transfer of each telephone

number that the petitioner, or a minor child in his or

her custody, uses. The clerk of the court shall serve

the order on the wireless telephone service provider's

agent for service of process provided to the Illinois

Commerce Commission. The order shall contain all of the

following:

(i) The name and billing telephone number of

the account holder including the name of the

wireless telephone service provider that serves

the account.

(ii) Each telephone number that will be

transferred.

(iii) A statement that the provider transfers

to the petitioner all financial responsibility for

and right to the use of any telephone number

transferred under this paragraph.

(B) A wireless telephone service provider shall

terminate the respondent's use of, and shall transfer

to the petitioner use of, the telephone number or

numbers indicated in subparagraph (A) of this

paragraph unless it notifies the petitioner, within 72

hours after it receives the order, that one of the

following applies:

(i) The account holder named in the order has

terminated the account.

(ii) A difference in network technology would

prevent or impair the functionality of a device on

a network if the transfer occurs.

(iii) The transfer would cause a geographic or

other limitation on network or service provision

to the petitioner.

(iv) Another technological or operational

issue would prevent or impair the use of the

telephone number if the transfer occurs.

(C) The petitioner assumes all financial

responsibility for and right to the use of any

telephone number transferred under this paragraph. In

this paragraph, "financial responsibility" includes

monthly service costs and costs associated with any

mobile device associated with the number.

(D) A wireless telephone service provider may

apply to the petitioner its routine and customary

requirements for establishing an account or

transferring a number, including requiring the

petitioner to provide proof of identification,

financial information, and customer preferences.

(E) Except for willful or wanton misconduct, a

wireless telephone service provider is immune from

civil liability for its actions taken in compliance

with a court order issued under this paragraph.

(F) All wireless service providers that provide

services to residential customers shall provide to the

Illinois Commerce Commission the name and address of an

agent for service of orders entered under this

paragraph (18). Any change in status of the registered

agent must be reported to the Illinois Commerce

Commission within 30 days of such change.

(G) The Illinois Commerce Commission shall

maintain the list of registered agents for service for

each wireless telephone service provider on the

Commission's website. The Commission may consult with

wireless telephone service providers and the Circuit

Court Clerks on the manner in which this information is

provided and displayed.

(c) Relevant factors; findings.

(1) In determining whether to grant a specific remedy,

other than payment of support, the court shall consider

relevant factors, including, but not limited to, the

following:

(i) the nature, frequency, severity, pattern, and

consequences of the respondent's past abuse of the

petitioner or any family or household member,

including the concealment of his or her location in

order to evade service of process or notice, and the

likelihood of danger of future abuse to petitioner or

any member of petitioner's or respondent's family or

household; and

(ii) the danger that any minor child will be abused

or neglected or improperly relocated from the

jurisdiction, improperly concealed within the State,

or improperly separated from the child's primary

caretaker.

(2) In comparing relative hardships resulting to the

parties from loss of possession of the family home, the

court shall consider relevant factors, including, but not

limited to, the following:

(i) availability, accessibility, cost, safety,

adequacy, location, and other characteristics of

alternate housing for each party and any minor child or

dependent adult in the party's care;

(ii) the effect on the party's employment; and

(iii) the effect on the relationship of the party,

and any minor child or dependent adult in the party's

care, to family, school, church, and community.

(3) Subject to the exceptions set forth in paragraph

(4) of this subsection (c), the court shall make its

findings in an official record or in writing, and shall at

a minimum set forth the following:

(i) That the court has considered the applicable

relevant factors described in paragraphs (1) and (2) of

this subsection (c).

(ii) Whether the conduct or actions of respondent,

unless prohibited, will likely cause irreparable harm

or continued abuse.

(iii) Whether it is necessary to grant the

requested relief in order to protect petitioner or

other alleged abused persons.

(4) (Blank).

(5) Never married parties. No rights or

responsibilities for a minor child born outside of marriage

attach to a putative father until a father and child

relationship has been established under the Illinois

Parentage Act of 1984, the Illinois Parentage Act of 2015,

the Illinois Public Aid Code, Section 12 of the Vital

Records Act, the Juvenile Court Act of 1987, the Probate

Act of 1975, the Uniform Interstate Family Support Act, the

Expedited Child Support Act of 1990, any judicial,

administrative, or other act of another state or territory,

any other statute of this State, or by any foreign nation

establishing the father and child relationship, any other

proceeding substantially in conformity with the federal

Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, or when both parties appeared

in open court or at an administrative hearing acknowledging

under oath or admitting by affirmation the existence of a

father and child relationship. Absent such an

adjudication, no putative father shall be granted

temporary allocation of parental responsibilities,

including parenting time with the minor child, or physical

care and possession of the minor child, nor shall an order

of payment for support of the minor child be entered.

(d) Balance of hardships; findings. If the court finds that

the balance of hardships does not support the granting of a

remedy governed by paragraph (2), (3), (10), (11), or (16) of

subsection (b) of this Section, which may require such

balancing, the court's findings shall so indicate and shall

include a finding as to whether granting the remedy will result

in hardship to respondent that would substantially outweigh the

hardship to petitioner from denial of the remedy. The findings

shall be an official record or in writing.

(e) Denial of remedies. Denial of any remedy shall not be

based, in whole or in part, on evidence that:

(1) respondent has cause for any use of force, unless

that cause satisfies the standards for justifiable use of

force provided by Article 7 of the Criminal Code of 2012;

(2) respondent was voluntarily intoxicated;

(3) petitioner acted in self-defense or defense of

another, provided that, if petitioner utilized force, such

force was justifiable under Article 7 of the Criminal Code

of 2012;

(4) petitioner did not act in self-defense or defense

of another;

(5) petitioner left the residence or household to avoid

further abuse by respondent;

(6) petitioner did not leave the residence or household

to avoid further abuse by respondent; or

(7) conduct by any family or household member excused

the abuse by respondent, unless that same conduct would

have excused such abuse if the parties had not been family

or household members.

(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;

100-388, eff. 1-1-18; 100-597, eff. 6-29-18; 100-863, eff.

8-14-18; 100-923, eff. 1-1-19; revised 10-18-18.)

Section 705. The Rights of Crime Victims and Witnesses Act

is amended by changing Sections 4.5 and 6 as follows:

(725 ILCS 120/4.5)

Sec. 4.5. Procedures to implement the rights of crime

victims. To afford crime victims their rights, law enforcement,

prosecutors, judges, and corrections will provide information,

as appropriate, of the following procedures:

(a) At the request of the crime victim, law enforcement

authorities investigating the case shall provide notice of the

status of the investigation, except where the State's Attorney

determines that disclosure of such information would

unreasonably interfere with the investigation, until such time

as the alleged assailant is apprehended or the investigation is

closed.

(a-5) When law enforcement authorities reopen re-open a

closed case to resume investigating, they shall provide notice

of the reopening re-opening of the case, except where the

State's Attorney determines that disclosure of such

information would unreasonably interfere with the

investigation.

(b) The office of the State's Attorney:

(1) shall provide notice of the filing of an

information, the return of an indictment, or the filing of

a petition to adjudicate a minor as a delinquent for a

violent crime;

(2) shall provide timely notice of the date, time, and

place of court proceedings; of any change in the date,

time, and place of court proceedings; and of any

cancellation of court proceedings. Notice shall be

provided in sufficient time, wherever possible, for the

victim to make arrangements to attend or to prevent an

unnecessary appearance at court proceedings;

(3) or victim advocate personnel shall provide

information of social services and financial assistance

available for victims of crime, including information of

how to apply for these services and assistance;

(3.5) or victim advocate personnel shall provide

information about available victim services, including

referrals to programs, counselors, and agencies that

assist a victim to deal with trauma, loss, and grief;

(4) shall assist in having any stolen or other personal

property held by law enforcement authorities for

evidentiary or other purposes returned as expeditiously as

possible, pursuant to the procedures set out in Section

115-9 of the Code of Criminal Procedure of 1963;

(5) or victim advocate personnel shall provide

appropriate employer intercession services to ensure that

employers of victims will cooperate with the criminal

justice system in order to minimize an employee's loss of

pay and other benefits resulting from court appearances;

(6) shall provide, whenever possible, a secure waiting

area during court proceedings that does not require victims

to be in close proximity to defendants or juveniles accused

of a violent crime, and their families and friends;

(7) shall provide notice to the crime victim of the

right to have a translator present at all court proceedings

and, in compliance with the federal Americans with

Disabilities Act of 1990, the right to communications

access through a sign language interpreter or by other

means;

(8) (blank);

(8.5) shall inform the victim of the right to be

present at all court proceedings, unless the victim is to

testify and the court determines that the victim's

testimony would be materially affected if the victim hears

other testimony at trial;

(9) shall inform the victim of the right to have

present at all court proceedings, subject to the rules of

evidence and confidentiality, an advocate and other

support person of the victim's choice;

(9.3) shall inform the victim of the right to retain an

attorney, at the victim's own expense, who, upon written

notice filed with the clerk of the court and State's

Attorney, is to receive copies of all notices, motions, and

court orders filed thereafter in the case, in the same

manner as if the victim were a named party in the case;

(9.5) shall inform the victim of (A) the victim's right

under Section 6 of this Act to make a statement at the

sentencing hearing; (B) the right of the victim's spouse,

guardian, parent, grandparent, and other immediate family

and household members under Section 6 of this Act to

present a statement at sentencing; and (C) if a presentence

report is to be prepared, the right of the victim's spouse,

guardian, parent, grandparent, and other immediate family

and household members to submit information to the preparer

of the presentence report about the effect the offense has

had on the victim and the person;

(10) at the sentencing shall make a good faith attempt

to explain the minimum amount of time during which the

defendant may actually be physically imprisoned. The

Office of the State's Attorney shall further notify the

crime victim of the right to request from the Prisoner

Review Board or Department of Juvenile Justice information

concerning the release of the defendant;

(11) shall request restitution at sentencing and as

part of a plea agreement if the victim requests

restitution;

(12) shall, upon the court entering a verdict of not

guilty by reason of insanity, inform the victim of the

notification services available from the Department of

Human Services, including the statewide telephone number,

under subparagraph (d)(2) of this Section;

(13) shall provide notice within a reasonable time

after receipt of notice from the custodian, of the release

of the defendant on bail or personal recognizance or the

release from detention of a minor who has been detained;

(14) shall explain in nontechnical language the

details of any plea or verdict of a defendant, or any

adjudication of a juvenile as a delinquent;

(15) shall make all reasonable efforts to consult with

the crime victim before the Office of the State's Attorney

makes an offer of a plea bargain to the defendant or enters

into negotiations with the defendant concerning a possible

plea agreement, and shall consider the written statement,

if prepared prior to entering into a plea agreement. The

right to consult with the prosecutor does not include the

right to veto a plea agreement or to insist the case go to

trial. If the State's Attorney has not consulted with the

victim prior to making an offer or entering into plea

negotiations with the defendant, the Office of the State's

Attorney shall notify the victim of the offer or the

negotiations within 2 business days and confer with the

victim;

(16) shall provide notice of the ultimate disposition

of the cases arising from an indictment or an information,

or a petition to have a juvenile adjudicated as a

delinquent for a violent crime;

(17) shall provide notice of any appeal taken by the

defendant and information on how to contact the appropriate

agency handling the appeal, and how to request notice of

any hearing, oral argument, or decision of an appellate

court;

(18) shall provide timely notice of any request for

post-conviction review filed by the defendant under

Article 122 of the Code of Criminal Procedure of 1963, and

of the date, time and place of any hearing concerning the

petition. Whenever possible, notice of the hearing shall be

given within 48 hours of the court's scheduling of the

hearing; and

(19) shall forward a copy of any statement presented

under Section 6 to the Prisoner Review Board or Department

of Juvenile Justice to be considered in making a

determination under Section 3-2.5-85 or subsection (b) of

Section 3-3-8 of the Unified Code of Corrections.

(c) The court shall ensure that the rights of the victim

are afforded.

(c-5) The following procedures shall be followed to afford

victims the rights guaranteed by Article I, Section 8.1 of the

Illinois Constitution:

(1) Written notice. A victim may complete a written

notice of intent to assert rights on a form prepared by the

Office of the Attorney General and provided to the victim

by the State's Attorney. The victim may at any time provide

a revised written notice to the State's Attorney. The

State's Attorney shall file the written notice with the

court. At the beginning of any court proceeding in which

the right of a victim may be at issue, the court and

prosecutor shall review the written notice to determine

whether the victim has asserted the right that may be at

issue.

(2) Victim's retained attorney. A victim's attorney

shall file an entry of appearance limited to assertion of

the victim's rights. Upon the filing of the entry of

appearance and service on the State's Attorney and the

defendant, the attorney is to receive copies of all

notices, motions and court orders filed thereafter in the

case.

(3) Standing. The victim has standing to assert the

rights enumerated in subsection (a) of Article I, Section

8.1 of the Illinois Constitution and the statutory rights

under Section 4 of this Act in any court exercising

jurisdiction over the criminal case. The prosecuting

attorney, a victim, or the victim's retained attorney may

assert the victim's rights. The defendant in the criminal

case has no standing to assert a right of the victim in any

court proceeding, including on appeal.

(4) Assertion of and enforcement of rights.

(A) The prosecuting attorney shall assert a

victim's right or request enforcement of a right by

filing a motion or by orally asserting the right or

requesting enforcement in open court in the criminal

case outside the presence of the jury. The prosecuting

attorney shall consult with the victim and the victim's

attorney regarding the assertion or enforcement of a

right. If the prosecuting attorney decides not to

assert or enforce a victim's right, the prosecuting

attorney shall notify the victim or the victim's

attorney in sufficient time to allow the victim or the

victim's attorney to assert the right or to seek

enforcement of a right.

(B) If the prosecuting attorney elects not to

assert a victim's right or to seek enforcement of a

right, the victim or the victim's attorney may assert

the victim's right or request enforcement of a right by

filing a motion or by orally asserting the right or

requesting enforcement in open court in the criminal

case outside the presence of the jury.

(C) If the prosecuting attorney asserts a victim's

right or seeks enforcement of a right, and the court

denies the assertion of the right or denies the request

for enforcement of a right, the victim or victim's

attorney may file a motion to assert the victim's right

or to request enforcement of the right within 10 days

of the court's ruling. The motion need not demonstrate

the grounds for a motion for reconsideration. The court

shall rule on the merits of the motion.

(D) The court shall take up and decide any motion

or request asserting or seeking enforcement of a

victim's right without delay, unless a specific time

period is specified by law or court rule. The reasons

for any decision denying the motion or request shall be

clearly stated on the record.

(5) Violation of rights and remedies.

(A) If the court determines that a victim's right

has been violated, the court shall determine the

appropriate remedy for the violation of the victim's

right by hearing from the victim and the parties,

considering all factors relevant to the issue, and then

awarding appropriate relief to the victim.

(A-5) Consideration of an issue of a substantive

nature or an issue that implicates the constitutional

or statutory right of a victim at a court proceeding

labeled as a status hearing shall constitute a per se

violation of a victim's right.

(B) The appropriate remedy shall include only

actions necessary to provide the victim the right to

which the victim was entitled and may include reopening

previously held proceedings; however, in no event

shall the court vacate a conviction. Any remedy shall

be tailored to provide the victim an appropriate remedy

without violating any constitutional right of the

defendant. In no event shall the appropriate remedy be

a new trial, damages, or costs.

(6) Right to be heard. Whenever a victim has the right

to be heard, the court shall allow the victim to exercise

the right in any reasonable manner the victim chooses.

(7) Right to attend trial. A party must file a written

motion to exclude a victim from trial at least 60 days

prior to the date set for trial. The motion must state with

specificity the reason exclusion is necessary to protect a

constitutional right of the party, and must contain an

offer of proof. The court shall rule on the motion within

30 days. If the motion is granted, the court shall set

forth on the record the facts that support its finding that

the victim's testimony will be materially affected if the

victim hears other testimony at trial.

(8) Right to have advocate and support person present

at court proceedings.

(A) A party who intends to call an advocate as a

witness at trial must seek permission of the court

before the subpoena is issued. The party must file a

written motion at least 90 days before trial that sets

forth specifically the issues on which the advocate's

testimony is sought and an offer of proof regarding (i)

the content of the anticipated testimony of the

advocate; and (ii) the relevance, admissibility, and

materiality of the anticipated testimony. The court

shall consider the motion and make findings within 30

days of the filing of the motion. If the court finds by

a preponderance of the evidence that: (i) the

anticipated testimony is not protected by an absolute

privilege; and (ii) the anticipated testimony contains

relevant, admissible, and material evidence that is

not available through other witnesses or evidence, the

court shall issue a subpoena requiring the advocate to

appear to testify at an in camera hearing. The

prosecuting attorney and the victim shall have 15 days

to seek appellate review before the advocate is

required to testify at an ex parte in camera

proceeding.

The prosecuting attorney, the victim, and the

advocate's attorney shall be allowed to be present at

the ex parte in camera proceeding. If, after conducting

the ex parte in camera hearing, the court determines

that due process requires any testimony regarding

confidential or privileged information or

communications, the court shall provide to the

prosecuting attorney, the victim, and the advocate's

attorney a written memorandum on the substance of the

advocate's testimony. The prosecuting attorney, the

victim, and the advocate's attorney shall have 15 days

to seek appellate review before a subpoena may be

issued for the advocate to testify at trial. The

presence of the prosecuting attorney at the ex parte in

camera proceeding does not make the substance of the

advocate's testimony that the court has ruled

inadmissible subject to discovery.

(B) If a victim has asserted the right to have a

support person present at the court proceedings, the

victim shall provide the name of the person the victim

has chosen to be the victim's support person to the

prosecuting attorney, within 60 days of trial. The

prosecuting attorney shall provide the name to the

defendant. If the defendant intends to call the support

person as a witness at trial, the defendant must seek

permission of the court before a subpoena is issued.

The defendant must file a written motion at least 45

days prior to trial that sets forth specifically the

issues on which the support person will testify and an

offer of proof regarding: (i) the content of the

anticipated testimony of the support person; and (ii)

the relevance, admissibility, and materiality of the

anticipated testimony.

If the prosecuting attorney intends to call the

support person as a witness during the State's

case-in-chief, the prosecuting attorney shall inform

the court of this intent in the response to the

defendant's written motion. The victim may choose a

different person to be the victim's support person. The

court may allow the defendant to inquire about matters

outside the scope of the direct examination during

cross-examination cross examination. If the court

allows the defendant to do so, the support person shall

be allowed to remain in the courtroom after the support

person has testified. A defendant who fails to question

the support person about matters outside the scope of

direct examination during the State's case-in-chief

waives the right to challenge the presence of the

support person on appeal. The court shall allow the

support person to testify if called as a witness in the

defendant's case-in-chief or the State's rebuttal.

If the court does not allow the defendant to

inquire about matters outside the scope of the direct

examination, the support person shall be allowed to

remain in the courtroom after the support person has

been called by the defendant or the defendant has

rested. The court shall allow the support person to

testify in the State's rebuttal.

If the prosecuting attorney does not intend to call

the support person in the State's case-in-chief, the

court shall verify with the support person whether the

support person, if called as a witness, would testify

as set forth in the offer of proof. If the court finds

that the support person would testify as set forth in

the offer of proof, the court shall rule on the

relevance, materiality, and admissibility of the

anticipated testimony. If the court rules the

anticipated testimony is admissible, the court shall

issue the subpoena. The support person may remain in

the courtroom after the support person testifies and

shall be allowed to testify in rebuttal.

If the court excludes the victim's support person

during the State's case-in-chief, the victim shall be

allowed to choose another support person to be present

in court.

If the victim fails to designate a support person

within 60 days of trial and the defendant has

subpoenaed the support person to testify at trial, the

court may exclude the support person from the trial

until the support person testifies. If the court

excludes the support person the victim may choose

another person as a support person.

(9) Right to notice and hearing before disclosure of

confidential or privileged information or records. A

defendant who seeks to subpoena records of or concerning

the victim that are confidential or privileged by law must

seek permission of the court before the subpoena is issued.

The defendant must file a written motion and an offer of

proof regarding the relevance, admissibility and

materiality of the records. If the court finds by a

preponderance of the evidence that: (A) the records are not

protected by an absolute privilege and (B) the records

contain relevant, admissible, and material evidence that

is not available through other witnesses or evidence, the

court shall issue a subpoena requiring a sealed copy of the

records be delivered to the court to be reviewed in camera.

If, after conducting an in camera review of the records,

the court determines that due process requires disclosure

of any portion of the records, the court shall provide

copies of what it intends to disclose to the prosecuting

attorney and the victim. The prosecuting attorney and the

victim shall have 30 days to seek appellate review before

the records are disclosed to the defendant. The disclosure

of copies of any portion of the records to the prosecuting

attorney does not make the records subject to discovery.

(10) Right to notice of court proceedings. If the

victim is not present at a court proceeding in which a

right of the victim is at issue, the court shall ask the

prosecuting attorney whether the victim was notified of the

time, place, and purpose of the court proceeding and that

the victim had a right to be heard at the court proceeding.

If the court determines that timely notice was not given or

that the victim was not adequately informed of the nature

of the court proceeding, the court shall not rule on any

substantive issues, accept a plea, or impose a sentence and

shall continue the hearing for the time necessary to notify

the victim of the time, place and nature of the court

proceeding. The time between court proceedings shall not be

attributable to the State under Section 103-5 of the Code

of Criminal Procedure of 1963.

(11) Right to timely disposition of the case. A victim

has the right to timely disposition of the case so as to

minimize the stress, cost, and inconvenience resulting

from the victim's involvement in the case. Before ruling on

a motion to continue trial or other court proceeding, the

court shall inquire into the circumstances for the request

for the delay and, if the victim has provided written

notice of the assertion of the right to a timely

disposition, and whether the victim objects to the delay.

If the victim objects, the prosecutor shall inform the

court of the victim's objections. If the prosecutor has not

conferred with the victim about the continuance, the

prosecutor shall inform the court of the attempts to

confer. If the court finds the attempts of the prosecutor

to confer with the victim were inadequate to protect the

victim's right to be heard, the court shall give the

prosecutor at least 3 but not more than 5 business days to

confer with the victim. In ruling on a motion to continue,

the court shall consider the reasons for the requested

continuance, the number and length of continuances that

have been granted, the victim's objections and procedures

to avoid further delays. If a continuance is granted over

the victim's objection, the court shall specify on the

record the reasons for the continuance and the procedures

that have been or will be taken to avoid further delays.

(12) Right to Restitution.

(A) If the victim has asserted the right to

restitution and the amount of restitution is known at

the time of sentencing, the court shall enter the

judgment of restitution at the time of sentencing.

(B) If the victim has asserted the right to

restitution and the amount of restitution is not known

at the time of sentencing, the prosecutor shall, within

5 days after sentencing, notify the victim what

information and documentation related to restitution

is needed and that the information and documentation

must be provided to the prosecutor within 45 days after

sentencing. Failure to timely provide information and

documentation related to restitution shall be deemed a

waiver of the right to restitution. The prosecutor

shall file and serve within 60 days after sentencing a

proposed judgment for restitution and a notice that

includes information concerning the identity of any

victims or other persons seeking restitution, whether

any victim or other person expressly declines

restitution, the nature and amount of any damages

together with any supporting documentation, a

restitution amount recommendation, and the names of

any co-defendants and their case numbers. Within 30

days after receipt of the proposed judgment for

restitution, the defendant shall file any objection to

the proposed judgment, a statement of grounds for the

objection, and a financial statement. If the defendant

does not file an objection, the court may enter the

judgment for restitution without further proceedings.

If the defendant files an objection and either party

requests a hearing, the court shall schedule a hearing.

(13) Access to presentence reports.

(A) The victim may request a copy of the

presentence report prepared under the Unified Code of

Corrections from the State's Attorney. The State's

Attorney shall redact the following information before

providing a copy of the report:

(i) the defendant's mental history and

condition;

(ii) any evaluation prepared under subsection

(b) or (b-5) of Section 5-3-2; and

(iii) the name, address, phone number, and

other personal information about any other victim.

(B) The State's Attorney or the defendant may

request the court redact other information in the

report that may endanger the safety of any person.

(C) The State's Attorney may orally disclose to the

victim any of the information that has been redacted if

there is a reasonable likelihood that the information

will be stated in court at the sentencing.

(D) The State's Attorney must advise the victim

that the victim must maintain the confidentiality of

the report and other information. Any dissemination of

the report or information that was not stated at a

court proceeding constitutes indirect criminal

contempt of court.

(14) Appellate relief. If the trial court denies the

relief requested, the victim, the victim's attorney, or the

prosecuting attorney may file an appeal within 30 days of

the trial court's ruling. The trial or appellate court may

stay the court proceedings if the court finds that a stay

would not violate a constitutional right of the defendant.

If the appellate court denies the relief sought, the

reasons for the denial shall be clearly stated in a written

opinion. In any appeal in a criminal case, the State may

assert as error the court's denial of any crime victim's

right in the proceeding to which the appeal relates.

(15) Limitation on appellate relief. In no case shall

an appellate court provide a new trial to remedy the

violation of a victim's right.

(16) The right to be reasonably protected from the

accused throughout the criminal justice process and the

right to have the safety of the victim and the victim's

family considered in denying or fixing the amount of bail,

determining whether to release the defendant, and setting

conditions of release after arrest and conviction. A victim

of domestic violence, a sexual offense, or stalking may

request the entry of a protective order under Article 112A

of the Code of Criminal Procedure of 1963.

(d)(1) The Prisoner Review Board shall inform a victim or

any other concerned citizen, upon written request, of the

prisoner's release on parole, mandatory supervised release,

electronic detention, work release, international transfer or

exchange, or by the custodian, other than the Department of

Juvenile Justice, of the discharge of any individual who was

adjudicated a delinquent for a crime from State custody and by

the sheriff of the appropriate county of any such person's

final discharge from county custody. The Prisoner Review Board,

upon written request, shall provide to a victim or any other

concerned citizen a recent photograph of any person convicted

of a felony, upon his or her release from custody. The Prisoner

Review Board, upon written request, shall inform a victim or

any other concerned citizen when feasible at least 7 days prior

to the prisoner's release on furlough of the times and dates of

such furlough. Upon written request by the victim or any other

concerned citizen, the State's Attorney shall notify the person

once of the times and dates of release of a prisoner sentenced

to periodic imprisonment. Notification shall be based on the

most recent information as to victim's or other concerned

citizen's residence or other location available to the

notifying authority.

(2) When the defendant has been committed to the Department

of Human Services pursuant to Section 5-2-4 or any other

provision of the Unified Code of Corrections, the victim may

request to be notified by the releasing authority of the

approval by the court of an on-grounds pass, a supervised

off-grounds pass, an unsupervised off-grounds pass, or

conditional release; the release on an off-grounds pass; the

return from an off-grounds pass; transfer to another facility;

conditional release; escape; death; or final discharge from

State custody. The Department of Human Services shall establish

and maintain a statewide telephone number to be used by victims

to make notification requests under these provisions and shall

publicize this telephone number on its website and to the

State's Attorney of each county.

(3) In the event of an escape from State custody, the

Department of Corrections or the Department of Juvenile Justice

immediately shall notify the Prisoner Review Board of the

escape and the Prisoner Review Board shall notify the victim.

The notification shall be based upon the most recent

information as to the victim's residence or other location

available to the Board. When no such information is available,

the Board shall make all reasonable efforts to obtain the

information and make the notification. When the escapee is

apprehended, the Department of Corrections or the Department of

Juvenile Justice immediately shall notify the Prisoner Review

Board and the Board shall notify the victim.

(4) The victim of the crime for which the prisoner has been

sentenced shall receive reasonable written notice not less than

30 days prior to the parole hearing or target aftercare release

date and may submit, in writing, on film, videotape, or other

electronic means or in the form of a recording prior to the

parole hearing or target aftercare release date or in person at

the parole hearing or aftercare release protest hearing or if a

victim of a violent crime, by calling the toll-free number

established in subsection (f) of this Section, information for

consideration by the Prisoner Review Board or Department of

Juvenile Justice. The victim shall be notified within 7 days

after the prisoner has been granted parole or aftercare release

and shall be informed of the right to inspect the registry of

parole decisions, established under subsection (g) of Section

3-3-5 of the Unified Code of Corrections. The provisions of

this paragraph (4) are subject to the Open Parole Hearings Act.

(5) If a statement is presented under Section 6, the

Prisoner Review Board or Department of Juvenile Justice shall

inform the victim of any order of discharge pursuant to Section

3-2.5-85 or 3-3-8 of the Unified Code of Corrections.

(6) At the written or oral request of the victim of the

crime for which the prisoner was sentenced or the State's

Attorney of the county where the person seeking parole or

aftercare release was prosecuted, the Prisoner Review Board or

Department of Juvenile Justice shall notify the victim and the

State's Attorney of the county where the person seeking parole

or aftercare release was prosecuted of the death of the

prisoner if the prisoner died while on parole or aftercare

release or mandatory supervised release.

(7) When a defendant who has been committed to the

Department of Corrections, the Department of Juvenile Justice,

or the Department of Human Services is released or discharged

and subsequently committed to the Department of Human Services

as a sexually violent person and the victim had requested to be

notified by the releasing authority of the defendant's

discharge, conditional release, death, or escape from State

custody, the releasing authority shall provide to the

Department of Human Services such information that would allow

the Department of Human Services to contact the victim.

(8) When a defendant has been convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act and

has been sentenced to the Department of Corrections or the

Department of Juvenile Justice, the Prisoner Review Board or

the Department of Juvenile Justice shall notify the victim of

the sex offense of the prisoner's eligibility for release on

parole, aftercare release, mandatory supervised release,

electronic detention, work release, international transfer or

exchange, or by the custodian of the discharge of any

individual who was adjudicated a delinquent for a sex offense

from State custody and by the sheriff of the appropriate county

of any such person's final discharge from county custody. The

notification shall be made to the victim at least 30 days,

whenever possible, before release of the sex offender.

(e) The officials named in this Section may satisfy some or

all of their obligations to provide notices and other

information through participation in a statewide victim and

witness notification system established by the Attorney

General under Section 8.5 of this Act.

(f) To permit a crime victim of a violent crime to provide

information to the Prisoner Review Board or the Department of

Juvenile Justice for consideration by the Board or Department

at a parole hearing or before an aftercare release decision of

a person who committed the crime against the victim in

accordance with clause (d)(4) of this Section or at a

proceeding to determine the conditions of mandatory supervised

release of a person sentenced to a determinate sentence or at a

hearing on revocation of mandatory supervised release of a

person sentenced to a determinate sentence, the Board shall

establish a toll-free number that may be accessed by the victim

of a violent crime to present that information to the Board.

(Source: P.A. 99-413, eff. 8-20-15; 99-628, eff. 1-1-17;

100-199, eff. 1-1-18; 100-961, eff. 1-1-19; revised 10-3-18.)

(725 ILCS 120/6) (from Ch. 38, par. 1406)

Sec. 6. Right to be heard at sentencing.

(a) A crime victim shall be allowed to present an oral or

written statement in any case in which a defendant has been

convicted of a violent crime or a juvenile has been adjudicated

delinquent for a violent crime after a bench or jury trial, or

a defendant who was charged with a violent crime and has been

convicted under a plea agreement of a crime that is not a

violent crime as defined in subsection (c) of Section 3 of this

Act. The court shall allow a victim to make an oral statement

if the victim is present in the courtroom and requests to make

an oral statement. An oral statement includes the victim or a

representative of the victim reading the written statement. The

court may allow persons impacted by the crime who are not

victims under subsection (a) of Section 3 of this Act to

present an oral or written statement. A victim and any person

making an oral statement shall not be put under oath or subject

to cross-examination. The court shall consider any statement

presented along with all other appropriate factors in

determining the sentence of the defendant or disposition of

such juvenile.

(a-1) In any case where a defendant has been convicted of a

violation of any statute, ordinance, or regulation relating to

the operation or use of motor vehicles, the use of streets and

highways by pedestrians or the operation of any other wheeled

or tracked vehicle, except parking violations, if the violation

resulted in great bodily harm or death, the person who suffered

great bodily harm, the injured person's representative, or the

representative of a deceased person shall be entitled to notice

of the sentencing hearing. "Representative" includes the

spouse, guardian, grandparent, or other immediate family or

household member of an injured or deceased person. The injured

person or his or her representative and a representative of the

deceased person shall have the right to address the court

regarding the impact that the defendant's criminal conduct has

had upon them. If more than one representative of an injured or

deceased person is present in the courtroom at the time of

sentencing, the court has discretion to permit one or more of

the representatives to present an oral impact statement. A

victim and any person making an oral statement shall not be put

under oath or subject to cross-examination. The court shall

consider any impact statement presented along with all other

appropriate factors in determining the sentence of the

defendant.

(a-5) A crime victim shall be allowed to present an oral

and written victim impact statement at a hearing ordered by the

court under the Mental Health and Developmental Disabilities

Code to determine if the defendant is: (1) in need of mental

health services on an inpatient basis; (2) in need of mental

health services on an outpatient basis; or (3) not in need of

mental health services, unless the defendant was under 18 years

of age at the time the offense was committed. The court shall

allow a victim to make an oral impact statement if the victim

is present in the courtroom and requests to make an oral

statement. An oral statement includes the victim or a

representative of the victim reading the written impact

statement. The court may allow persons impacted by the crime

who are not victims under subsection (a) of Section 3 of this

Act, to present an oral or written statement. A victim and any

person making an oral statement shall not be put under oath or

subject to cross-examination. The court may only consider the

impact statement along with all other appropriate factors in

determining the: (1) threat of serious physical harm posed

poised by the respondent to himself or herself, or to another

person; (2) location of inpatient or outpatient mental health

services ordered by the court, but only after complying with

all other applicable administrative, rule, and statutory

requirements; (3) maximum period of commitment for inpatient

mental health services; and (4) conditions of release for

outpatient mental health services ordered by the court.

(b) The crime victim has the right to prepare a victim

impact statement and present it to the Office of the State's

Attorney at any time during the proceedings. Any written victim

impact statement submitted to the Office of the State's

Attorney shall be considered by the court during its

consideration of aggravation and mitigation in plea

proceedings under Supreme Court Rule 402.

(c) This Section shall apply to any victims during any

dispositional hearing under Section 5-705 of the Juvenile Court

Act of 1987 which takes place pursuant to an adjudication or

trial or plea of delinquency for any such offense.

(d) If any provision of this Section or its application to

any person or circumstance is held invalid, the invalidity of

that provision does not affect any other provision or

application of this Section that can be given effect without

the invalid provision or application.

(Source: P.A. 99-413, eff. 8-20-15; 100-961, eff. 1-1-19;

revised 10-3-18.)

Section 710. The Unified Code of Corrections is amended by

changing Sections 3-2-12, 3-5-3.1, 3-6-2, 3-10-2, 5-2-4,

5-2-6, 5-4-1, 5-5-3, 5-5-6, and 5-7-1 as follows:

(730 ILCS 5/3-2-12)

Sec. 3-2-12. Report of violence in Department of

Corrections institutions and facilities; public safety

reports.

(a) The Department of Corrections shall collect and report:

(1) data on a rate per 100 of committed persons

regarding violence within Department institutions and

facilities as defined under the terms, if applicable, in 20

Ill. Adm. Code 504 as follows:

(A) committed person on committed person assaults;

(B) committed person on correctional staff

assaults;

(C) dangerous contraband, including weapons,

explosives, dangerous chemicals, or other dangerous

weapons;

(D) committed person on committed person fights;

(E) multi-committed person on single committed

person fights;

(F) committed person use of a weapon on

correctional staff;

(G) committed person use of a weapon on committed

person;

(H) sexual assault committed by a committed person

against another committed person, correctional staff,

or visitor;

(I) sexual assault committed by correctional staff

against another correctional staff, committed person,

or visitor;

(J) correctional staff use of physical force;

(K) forced cell extraction;

(L) use of oleoresin capsaicin (pepper spray),

2-chlorobenzalmalononitrile (CS gas), or other control

agents or implements;

(M) committed person suicide and attempted

suicide;

(N) requests and placements in protective custody;

and

(O) committed persons in segregation, secured

housing, and restrictive housing; and

(2) data on average length of stay in segregation,

secured housing, and restrictive housing.

(b) The Department of Corrections shall collect and report:

(1) data on a rate per 100 of committed persons

regarding public safety as follows:

(A) committed persons released directly from

segregation secured housing and restrictive housing to

the community;

(B) the types type of housing facilities facility,

whether a private residences residence, transitional

housing, homeless shelters, shelter or other, to which

committed persons are released to from Department

correctional institutions and facilities;

(C) committed persons in custody who have

completed evidence-based programs, including:

(i) educational;

(ii) vocational;

(iii) chemical dependency;

(iv) sex offender treatment; or

(v) cognitive behavioral;

(D) committed persons who are being held in custody

past their mandatory statutory release date and the

reasons for their continued confinement;

(E) parole and mandatory supervised release

revocation rate by county and reasons for revocation;

and

(F) committed persons on parole or mandatory

supervised release who have completed evidence-based

programs, including:

(A) educational;

(B) vocational;

(C) chemical dependency;

(D) sex offender treatment; or

(E) cognitive behavioral; and

(2) data on the average daily population and vacancy

rate of each Adult Transition Center and work camp.

(c) The data provided under subsections (a) and (b) of this

Section shall be included in the Department of Corrections

quarterly report to the General Assembly under Section 3-5-3.1

of this Code and shall include an aggregate chart at the agency

level and individual reports by each correctional institution

or facility of the Department of Corrections.

(d) The Director of Corrections shall ensure that the

agency level data is reviewed by the Director's executive team

on a quarterly basis. The correctional institution or

facility's executive team and each chief administrative

officer of the correctional institution or facility shall

examine statewide and local data at least quarterly. During

these reviews, each chief administrative officer shall:

(1) identify trends;

(2) develop action items to mitigate the root causes of

violence; and

(3) establish committees at each correctional

institution or facility which shall review the violence

data on a quarterly basis and develop action plans to

reduce violence. These plans shall include a wide range of

strategies to incentivize good conduct.

(Source: P.A. 100-907, eff. 1-1-19; revised 10-3-18.)

(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)

Sec. 3-5-3.1. Report to the General Assembly.

(a) As used in this Section, "facility" includes any

facility of the Department of Corrections.

(b) (a) The Department of Corrections shall, by January

1st, April 1st, July 1st, and October 1st of each year,

electronically transmit to the General Assembly, a report which

shall include the following information reflecting the period

ending 30 days prior to the submission of the report:

(1) the number of residents in all Department

facilities indicating the number of residents in each

listed facility;

(2) a classification of each facility's residents by

the nature of the offense for which each resident was

committed to the Department;

(3) the number of residents in maximum, medium, and

minimum security facilities indicating the classification

of each facility's residents by the nature of the offense

for which each resident was committed to the Department;

(4) the educational and vocational programs provided

at each facility and the number of residents participating

in each such program;

(5) the present design and rated capacity levels in

each facility;

(6) the projected design and rated capacity of each

facility six months and one year following each reporting

date;

(7) the ratio of the security staff to residents in

each facility;

(8) the ratio of total employees to residents in each

facility;

(9) the number of residents in each facility that are

single-celled and the number in each facility that are

double-celled;

(10) information indicating the distribution of

residents in each facility by the allocated floor space per

resident;

(11) a status of all capital projects currently funded

by the Department, location of each capital project, the

projected on-line dates for each capital project,

including phase-in dates and full occupancy dates;

(12) the projected adult prison facility populations

of the Department for each of the succeeding twelve months

following each reporting date, indicating all assumptions

built into such population estimates;

(13) the projected exits and projected admissions in

each facility for each of the succeeding twelve months

following each reporting date, indicating all assumptions

built into such population estimate;

(14) the locations of all Department-operated or

contractually operated community correctional centers,

including the present design and rated capacity and

population levels at each facility;

(15) the number of reported assaults on employees at

each facility;

(16) the number of reported incidents of resident

sexual aggression towards employees at each facility

including sexual assault, residents exposing themselves,

sexual touching, and sexually offensive language; and

(17) the number of employee injuries resulting from

resident violence at each facility including descriptions

of the nature of the injuries, the number of injuries

requiring medical treatment at the facility, the number of

injuries requiring outside medical treatment, and the

number of days off work per injury.

For purposes of this Section, the definition of assault on

staff includes, but is not limited to, kicking, punching,

knocking down, harming or threatening to harm with improvised

weapons, or throwing urine or feces at staff.

The report shall also include the data collected under

Section 3-2-12 of this Code in the manner required under that

Section. The report to the General Assembly shall be filed with

the Clerk of the House of Representatives and the Secretary of

the Senate in electronic form only, in the manner that the

Clerk and the Secretary shall direct.

(c) A copy of the report required under this Section shall

be posted to the Department's Internet website at the time the

report is submitted to the General Assembly.

(d) (b) The requirements in subsection (b) (a) do not

relieve the Department from the recordkeeping requirements of

the Occupational Safety and Health Act.

(e) (c) The Department shall:

(1) establish a reasonable procedure for employees to

report work-related assaults and injuries. A procedure is

not reasonable if it would deter or discourage a reasonable

employee from accurately reporting a workplace assault or

injury;

(2) inform each employee:

(A) of the procedure for reporting work-related

assaults and injuries;

(B) of the right to report work-related assaults

and injuries; and

(C) that the Department is prohibited from

discharging or in any manner discriminating against

employees for reporting work-related assaults and

injuries; and

(3) not discharge, discipline, or in any manner

discriminate against any employee for reporting a

work-related assault or injury.

(Source: P.A. 99-255, eff. 1-1-16; 100-907, eff. 1-1-19;

100-1075, eff. 1-1-19; revised 10-18-18.)

(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)

Sec. 3-6-2. Institutions and facility administration.

(a) Each institution and facility of the Department shall

be administered by a chief administrative officer appointed by

the Director. A chief administrative officer shall be

responsible for all persons assigned to the institution or

facility. The chief administrative officer shall administer

the programs of the Department for the custody and treatment of

such persons.

(b) The chief administrative officer shall have such

assistants as the Department may assign.

(c) The Director or Assistant Director shall have the

emergency powers to temporarily transfer individuals without

formal procedures to any State, county, municipal or regional

correctional or detention institution or facility in the State,

subject to the acceptance of such receiving institution or

facility, or to designate any reasonably secure place in the

State as such an institution or facility and to make transfers

thereto. However, transfers made under emergency powers shall

be reviewed as soon as practicable under Article 8, and shall

be subject to Section 5-905 of the Juvenile Court Act of 1987.

This Section shall not apply to transfers to the Department of

Human Services which are provided for under Section 3-8-5 or

Section 3-10-5.

(d) The Department shall provide educational programs for

all committed persons so that all persons have an opportunity

to attain the achievement level equivalent to the completion of

the twelfth grade in the public school system in this State.

Other higher levels of attainment shall be encouraged and

professional instruction shall be maintained wherever

possible. The Department may establish programs of mandatory

education and may establish rules and regulations for the

administration of such programs. A person committed to the

Department who, during the period of his or her incarceration,

participates in an educational program provided by or through

the Department and through that program is awarded or earns the

number of hours of credit required for the award of an

associate, baccalaureate, or higher degree from a community

college, college, or university located in Illinois shall

reimburse the State, through the Department, for the costs

incurred by the State in providing that person during his or

her incarceration with the education that qualifies him or her

for the award of that degree. The costs for which reimbursement

is required under this subsection shall be determined and

computed by the Department under rules and regulations that it

shall establish for that purpose. However, interest at the rate

of 6% per annum shall be charged on the balance of those costs

from time to time remaining unpaid, from the date of the

person's parole, mandatory supervised release, or release

constituting a final termination of his or her commitment to

the Department until paid.

(d-5) A person committed to the Department is entitled to

confidential testing for infection with human immunodeficiency

virus (HIV) and to counseling in connection with such testing,

with no copay to the committed person. A person committed to

the Department who has tested positive for infection with HIV

is entitled to medical care while incarcerated, counseling, and

referrals to support services, in connection with that positive

test result. Implementation of this subsection (d-5) is subject

to appropriation.

(e) A person committed to the Department who becomes in

need of medical or surgical treatment but is incapable of

giving consent thereto shall receive such medical or surgical

treatment by the chief administrative officer consenting on the

person's behalf. Before the chief administrative officer

consents, he or she shall obtain the advice of one or more

physicians licensed to practice medicine in all its branches in

this State. If such physician or physicians advise:

(1) that immediate medical or surgical treatment is

required relative to a condition threatening to cause

death, damage or impairment to bodily functions, or

disfigurement; and

(2) that the person is not capable of giving consent to

such treatment; the chief administrative officer may give

consent for such medical or surgical treatment, and such

consent shall be deemed to be the consent of the person for

all purposes, including, but not limited to, the authority

of a physician to give such treatment.

(e-5) If a physician providing medical care to a committed

person on behalf of the Department advises the chief

administrative officer that the committed person's mental or

physical health has deteriorated as a result of the cessation

of ingestion of food or liquid to the point where medical or

surgical treatment is required to prevent death, damage, or

impairment to bodily functions, the chief administrative

officer may authorize such medical or surgical treatment.

(f) In the event that the person requires medical care and

treatment at a place other than the institution or facility,

the person may be removed therefrom under conditions prescribed

by the Department. The Department shall require the committed

person receiving medical or dental services on a non-emergency

basis to pay a $5 co-payment to the Department for each visit

for medical or dental services. The amount of each co-payment

shall be deducted from the committed person's individual

account. A committed person who has a chronic illness, as

defined by Department rules and regulations, shall be exempt

from the $5 co-payment for treatment of the chronic illness. A

committed person shall not be subject to a $5 co-payment for

follow-up visits ordered by a physician, who is employed by, or

contracts with, the Department. A committed person who is

indigent is exempt from the $5 co-payment and is entitled to

receive medical or dental services on the same basis as a

committed person who is financially able to afford the

co-payment. For purposes of this Section only, "indigent" means

a committed person who has $20 or less in his or her Inmate

Trust Fund at the time of such services and for the 30 days

prior to such services. Notwithstanding any other provision in

this subsection (f) to the contrary, any person committed to

any facility operated by the Department of Juvenile Justice, as

set forth in Section 3-2.5-15 of this Code, is exempt from the

co-payment requirement for the duration of confinement in those

facilities.

(f-5) The Department shall comply with the Health Care

Violence Prevention Act.

(g) Any person having sole custody of a child at the time

of commitment or any woman giving birth to a child after her

commitment, may arrange through the Department of Children and

Family Services for suitable placement of the child outside of

the Department of Corrections. The Director of the Department

of Corrections may determine that there are special reasons why

the child should continue in the custody of the mother until

the child is 6 years old.

(h) The Department may provide Family Responsibility

Services which may consist of, but not be limited to the

following:

(1) family advocacy counseling;

(2) parent self-help group;

(3) parenting skills training;

(4) parent and child overnight program;

(5) parent and child reunification counseling, either

separately or together, preceding the inmate's release;

and

(6) a prerelease reunification staffing involving the

family advocate, the inmate and the child's counselor, or

both and the inmate.

(i) (Blank).

(j) Any person convicted of a sex offense as defined in the

Sex Offender Management Board Act shall be required to receive

a sex offender evaluation prior to release into the community

from the Department of Corrections. The sex offender evaluation

shall be conducted in conformance with the standards and

guidelines developed under the Sex Offender Management Board

Act and by an evaluator approved by the Board.

(k) Any minor committed to the Department of Juvenile

Justice for a sex offense as defined by the Sex Offender

Management Board Act shall be required to undergo sex offender

treatment by a treatment provider approved by the Board and

conducted in conformance with the Sex Offender Management Board

Act.

(l) Prior to the release of any inmate committed to a

facility of the Department or the Department of Juvenile

Justice, the Department must provide the inmate with

appropriate information verbally, in writing, by video, or

other electronic means, concerning HIV and AIDS. The Department

shall develop the informational materials in consultation with

the Department of Public Health. At the same time, the

Department must also offer the committed person the option of

testing for infection with human immunodeficiency virus (HIV),

with no copayment for the test. Pre-test information shall be

provided to the committed person and informed consent obtained

as required in subsection (d) of Section 3 and Section 5 of the

AIDS Confidentiality Act. The Department may conduct opt-out

HIV testing as defined in Section 4 of the AIDS Confidentiality

Act. If the Department conducts opt-out HIV testing, the

Department shall place signs in English, Spanish and other

languages as needed in multiple, highly visible locations in

the area where HIV testing is conducted informing inmates that

they will be tested for HIV unless they refuse, and refusal or

acceptance of testing shall be documented in the inmate's

medical record. The Department shall follow procedures

established by the Department of Public Health to conduct HIV

testing and testing to confirm positive HIV test results. All

testing must be conducted by medical personnel, but pre-test

and other information may be provided by committed persons who

have received appropriate training. The Department, in

conjunction with the Department of Public Health, shall develop

a plan that complies with the AIDS Confidentiality Act to

deliver confidentially all positive or negative HIV test

results to inmates or former inmates. Nothing in this Section

shall require the Department to offer HIV testing to an inmate

who is known to be infected with HIV, or who has been tested

for HIV within the previous 180 days and whose documented HIV

test result is available to the Department electronically. The

testing provided under this subsection (l) shall consist of a

test approved by the Illinois Department of Public Health to

determine the presence of HIV infection, based upon

recommendations of the United States Centers for Disease

Control and Prevention. If the test result is positive, a

reliable supplemental test based upon recommendations of the

United States Centers for Disease Control and Prevention shall

be administered.

Prior to the release of an inmate who the Department knows

has tested positive for infection with HIV, the Department in a

timely manner shall offer the inmate transitional case

management, including referrals to other support services.

(m) The chief administrative officer of each institution or

facility of the Department shall make a room in the institution

or facility available for substance use disorder services to be

provided to committed persons on a voluntary basis. The

services shall be provided for one hour once a week at a time

specified by the chief administrative officer of the

institution or facility if the following conditions are met:

(1) the substance use disorder service contacts the

chief administrative officer to arrange the meeting;

(2) the committed person may attend the meeting for

substance use disorder services only if the committed

person uses pre-existing free time already available to the

committed person;

(3) all disciplinary and other rules of the institution

or facility remain in effect;

(4) the committed person is not given any additional

privileges to attend substance use disorder services;

(5) if the substance use disorder service does not

arrange for scheduling a meeting for that week, no

substance use disorder services shall be provided to the

committed person in the institution or facility for that

week;

(6) the number of committed persons who may attend a

substance use disorder meeting shall not exceed 40 during

any session held at the correctional institution or

facility;

(7) a volunteer seeking to provide substance use

disorder services under this subsection (m) must submit an

application to the Department of Corrections under

existing Department rules and the Department must review

the application within 60 days after submission of the

application to the Department; and

(8) each institution and facility of the Department

shall manage the substance use disorder services program

according to its own processes and procedures.

For the purposes of this subsection (m), "substance use

disorder services" means recovery services for persons with

substance use disorders provided by volunteers of recovery

support services recognized by the Department of Human

Services.

(Source: P.A. 100-759, eff. 1-1-19; 100-1051, eff. 1-1-19;

revised 10-3-18.)

(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)

Sec. 3-10-2. Examination of persons committed to the

Department of Juvenile Justice.

(a) A person committed to the Department of Juvenile

Justice shall be examined in regard to his medical,

psychological, social, educational and vocational condition

and history, including the use of alcohol and other drugs, the

circumstances of his offense and any other information as the

Department of Juvenile Justice may determine.

(a-5) Upon admission of a person committed to the

Department of Juvenile Justice, the Department of Juvenile

Justice must provide the person with appropriate information

concerning HIV and AIDS in writing, verbally, or by video or

other electronic means. The Department of Juvenile Justice

shall develop the informational materials in consultation with

the Department of Public Health. At the same time, the

Department of Juvenile Justice also must offer the person the

option of being tested, at no charge to the person, for

infection with human immunodeficiency virus (HIV). Pre-test

information shall be provided to the committed person and

informed consent obtained as required in subsection (q) of

Section 3 and Section 5 of the AIDS Confidentiality Act. The

Department of Juvenile Justice may conduct opt-out HIV testing

as defined in Section 4 of the AIDS Confidentiality Act. If the

Department conducts opt-out HIV testing, the Department shall

place signs in English, Spanish and other languages as needed

in multiple, highly visible locations in the area where HIV

testing is conducted informing inmates that they will be tested

for HIV unless they refuse, and refusal or acceptance of

testing shall be documented in the inmate's medical record. The

Department shall follow procedures established by the

Department of Public Health to conduct HIV testing and testing

to confirm positive HIV test results. All testing must be

conducted by medical personnel, but pre-test and other

information may be provided by committed persons who have

received appropriate training. The Department, in conjunction

with the Department of Public Health, shall develop a plan that

complies with the AIDS Confidentiality Act to deliver

confidentially all positive or negative HIV test results to

inmates or former inmates. Nothing in this Section shall

require the Department to offer HIV testing to an inmate who is

known to be infected with HIV, or who has been tested for HIV

within the previous 180 days and whose documented HIV test

result is available to the Department electronically. The

testing provided under this subsection (a-5) shall consist of a

test approved by the Illinois Department of Public Health to

determine the presence of HIV infection, based upon

recommendations of the United States Centers for Disease

Control and Prevention. If the test result is positive, a

reliable supplemental test based upon recommendations of the

United States Centers for Disease Control and Prevention shall

be administered.

Also, upon the admission of a person committed to the

Department of Juvenile Justice, the Department of Juvenile

Justice must inform the person of the Department's obligation

to provide the person with medical care.

(b) Based on its examination, the Department of Juvenile

Justice may exercise the following powers in developing a

treatment program of any person committed to the Department of

Juvenile Justice:

(1) Require participation by him in vocational,

physical, educational and corrective training and

activities to return him to the community.

(2) Place him in any institution or facility of the

Department of Juvenile Justice.

(3) Order replacement or referral to the Parole and

Pardon Board as often as it deems desirable. The Department

of Juvenile Justice shall refer the person to the Parole

and Pardon Board as required under Section 3-3-4.

(4) Enter into agreements with the Secretary of Human

Services and the Director of Children and Family Services,

with courts having probation officers, and with private

agencies or institutions for separate care or special

treatment of persons subject to the control of the

Department of Juvenile Justice.

(c) The Department of Juvenile Justice shall make periodic

reexamination of all persons under the control of the

Department of Juvenile Justice to determine whether existing

orders in individual cases should be modified or continued.

This examination shall be made with respect to every person at

least once annually.

(d) A record of the treatment decision, including any

modification thereof and the reason therefor, shall be part of

the committed person's master record file.

(e) The Department of Juvenile Justice shall by regular

mail and telephone or electronic message notify the parent,

guardian, or nearest relative of any person committed to the

Department of Juvenile Justice of his or her physical location

and any change of his or her physical location.

(Source: P.A. 99-78, eff. 7-20-15; 100-19, eff. 1-1-18;

100-700, eff. 8-3-18; revised 10-9-18.)

(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)

Sec. 5-2-4. Proceedings after acquittal by reason of

insanity.

(a) After a finding or verdict of not guilty by reason of

insanity under Sections 104-25, 115-3, or 115-4 of the Code of

Criminal Procedure of 1963, the defendant shall be ordered to

the Department of Human Services for an evaluation as to

whether he is in need of mental health services. The order

shall specify whether the evaluation shall be conducted on an

inpatient or outpatient basis. If the evaluation is to be

conducted on an inpatient basis, the defendant shall be placed

in a secure setting. With the court order for evaluation shall

be sent a copy of the arrest report, criminal charges, arrest

record, jail record, any report prepared under Section 115-6 of

the Code of Criminal Procedure of 1963, and any statement

prepared under Section 6 of the Rights of Crime Victims and

Witnesses Act. The clerk of the circuit court shall transmit

this information to the Department within 5 days. If the court

orders that the evaluation be done on an inpatient basis, the

Department shall evaluate the defendant to determine to which

secure facility the defendant shall be transported and, within

20 days of the transmittal by the clerk of the circuit court of

the placement court order, notify the sheriff of the designated

facility. Upon receipt of that notice, the sheriff shall

promptly transport the defendant to the designated facility.

During the period of time required to determine the appropriate

placement, the defendant shall remain in jail. If, within 20

days of the transmittal by the clerk of the circuit court of

the placement court order, the Department fails to notify the

sheriff of the identity of the facility to which the defendant

shall be transported, the sheriff shall contact a designated

person within the Department to inquire about when a placement

will become available at the designated facility and bed

availability at other facilities. If, within 20 days of the

transmittal by the clerk of the circuit court of the placement

court order, the Department fails to notify the sheriff of the

identity of the facility to which the defendant shall be

transported, the sheriff shall notify the Department of its

intent to transfer the defendant to the nearest secure mental

health facility operated by the Department and inquire as to

the status of the placement evaluation and availability for

admission to the facility operated by the Department by

contacting a designated person within the Department. The

Department shall respond to the sheriff within 2 business days

of the notice and inquiry by the sheriff seeking the transfer

and the Department shall provide the sheriff with the status of

the placement evaluation, information on bed and placement

availability, and an estimated date of admission for the

defendant and any changes to that estimated date of admission.

If the Department notifies the sheriff during the 2 business

day period of a facility operated by the Department with

placement availability, the sheriff shall promptly transport

the defendant to that facility. Individualized placement

evaluations by the Department of Human Services determine the

most appropriate setting for forensic treatment based upon a

number of factors including mental health diagnosis, proximity

to surviving victims, security need, age, gender, and proximity

to family.

The Department shall provide the Court with a report of its

evaluation within 30 days of the date of this order. The Court

shall hold a hearing as provided under the Mental Health and

Developmental Disabilities Code to determine if the individual

is: (a) in need of mental health services on an inpatient

basis; (b) in need of mental health services on an outpatient

basis; (c) a person not in need of mental health services. The

court shall afford the victim the opportunity to make a written

or oral statement as guaranteed by Article I, Section 8.1 of

the Illinois Constitution and Section 6 of the Rights of Crime

Victims and Witnesses Act. The court shall allow a victim to

make an oral statement if the victim is present in the

courtroom and requests to make an oral statement. An oral

statement includes the victim or a representative of the victim

reading the written statement. The court may allow persons

impacted by the crime who are not victims under subsection (a)

of Section 3 of the this Rights of Crime Victims and Witnesses

Act to present an oral or written statement. A victim and any

person making an oral statement shall not be put under oath or

subject to cross-examination. The court shall consider any

statement presented along with all other appropriate factors in

determining the sentence of the defendant or disposition of the

juvenile. All statements shall become part of the record of the

court.

If the defendant is found to be in need of mental health

services on an inpatient care basis, the Court shall order the

defendant to the Department of Human Services. The defendant

shall be placed in a secure setting. Such defendants placed in

a secure setting shall not be permitted outside the facility's

housing unit unless escorted or accompanied by personnel of the

Department of Human Services or with the prior approval of the

Court for unsupervised on-grounds privileges as provided

herein. Any defendant placed in a secure setting pursuant to

this Section, transported to court hearings or other necessary

appointments off facility grounds by personnel of the

Department of Human Services, shall be placed in security

devices or otherwise secured during the period of

transportation to assure secure transport of the defendant and

the safety of Department of Human Services personnel and

others. These security measures shall not constitute restraint

as defined in the Mental Health and Developmental Disabilities

Code. If the defendant is found to be in need of mental health

services, but not on an inpatient care basis, the Court shall

conditionally release the defendant, under such conditions as

set forth in this Section as will reasonably assure the

defendant's satisfactory progress and participation in

treatment or rehabilitation and the safety of the defendant,

the victim, the victim's family members, and others. If the

Court finds the person not in need of mental health services,

then the Court shall order the defendant discharged from

custody.

(a-1) Definitions. For the purposes of this Section:

(A) (Blank).

(B) "In need of mental health services on an inpatient

basis" means: a defendant who has been found not guilty by

reason of insanity but who, due to mental illness, is

reasonably expected to inflict serious physical harm upon

himself or another and who would benefit from inpatient

care or is in need of inpatient care.

(C) "In need of mental health services on an outpatient

basis" means: a defendant who has been found not guilty by

reason of insanity who is not in need of mental health

services on an inpatient basis, but is in need of

outpatient care, drug and/or alcohol rehabilitation

programs, community adjustment programs, individual,

group, or family therapy, or chemotherapy.

(D) "Conditional Release" means: the release from

either the custody of the Department of Human Services or

the custody of the Court of a person who has been found not

guilty by reason of insanity under such conditions as the

Court may impose which reasonably assure the defendant's

satisfactory progress in treatment or habilitation and the

safety of the defendant, the victim, the victim's family,

and others. The Court shall consider such terms and

conditions which may include, but need not be limited to,

outpatient care, alcoholic and drug rehabilitation

programs, community adjustment programs, individual,

group, family, and chemotherapy, random testing to ensure

the defendant's timely and continuous taking of any

medicines prescribed to control or manage his or her

conduct or mental state, and periodic checks with the legal

authorities and/or the Department of Human Services. The

Court may order as a condition of conditional release that

the defendant not contact the victim of the offense that

resulted in the finding or verdict of not guilty by reason

of insanity or any other person. The Court may order the

Department of Human Services to provide care to any person

conditionally released under this Section. The Department

may contract with any public or private agency in order to

discharge any responsibilities imposed under this Section.

The Department shall monitor the provision of services to

persons conditionally released under this Section and

provide periodic reports to the Court concerning the

services and the condition of the defendant. Whenever a

person is conditionally released pursuant to this Section,

the State's Attorney for the county in which the hearing is

held shall designate in writing the name, telephone number,

and address of a person employed by him or her who shall be

notified in the event that either the reporting agency or

the Department decides that the conditional release of the

defendant should be revoked or modified pursuant to

subsection (i) of this Section. Such conditional release

shall be for a period of five years. However, the

defendant, the person or facility rendering the treatment,

therapy, program or outpatient care, the Department, or the

State's Attorney may petition the Court for an extension of

the conditional release period for an additional 5 years.

Upon receipt of such a petition, the Court shall hold a

hearing consistent with the provisions of paragraph (a),

this paragraph (a-1), and paragraph (f) of this Section,

shall determine whether the defendant should continue to be

subject to the terms of conditional release, and shall

enter an order either extending the defendant's period of

conditional release for an additional 5-year period or

discharging the defendant. Additional 5-year periods of

conditional release may be ordered following a hearing as

provided in this Section. However, in no event shall the

defendant's period of conditional release continue beyond

the maximum period of commitment ordered by the Court

pursuant to paragraph (b) of this Section. These provisions

for extension of conditional release shall only apply to

defendants conditionally released on or after August 8,

2003. However, the extension provisions of Public Act

83-1449 apply only to defendants charged with a forcible

felony.

(E) "Facility director" means the chief officer of a

mental health or developmental disabilities facility or

his or her designee or the supervisor of a program of

treatment or habilitation or his or her designee.

"Designee" may include a physician, clinical psychologist,

social worker, nurse, or clinical professional counselor.

(b) If the Court finds the defendant in need of mental

health services on an inpatient basis, the admission,

detention, care, treatment or habilitation, treatment plans,

review proceedings, including review of treatment and

treatment plans, and discharge of the defendant after such

order shall be under the Mental Health and Developmental

Disabilities Code, except that the initial order for admission

of a defendant acquitted of a felony by reason of insanity

shall be for an indefinite period of time. Such period of

commitment shall not exceed the maximum length of time that the

defendant would have been required to serve, less credit for

good behavior as provided in Section 5-4-1 of the Unified Code

of Corrections, before becoming eligible for release had he

been convicted of and received the maximum sentence for the

most serious crime for which he has been acquitted by reason of

insanity. The Court shall determine the maximum period of

commitment by an appropriate order. During this period of time,

the defendant shall not be permitted to be in the community in

any manner, including, but not limited to, off-grounds

privileges, with or without escort by personnel of the

Department of Human Services, unsupervised on-grounds

privileges, discharge or conditional or temporary release,

except by a plan as provided in this Section. In no event shall

a defendant's continued unauthorized absence be a basis for

discharge. Not more than 30 days after admission and every 90

days thereafter so long as the initial order remains in effect,

the facility director shall file a treatment plan report in

writing with the court and forward a copy of the treatment plan

report to the clerk of the court, the State's Attorney, and the

defendant's attorney, if the defendant is represented by

counsel, or to a person authorized by the defendant under the

Mental Health and Developmental Disabilities Confidentiality

Act to be sent a copy of the report. The report shall include

an opinion as to whether the defendant is currently in need of

mental health services on an inpatient basis or in need of

mental health services on an outpatient basis. The report shall

also summarize the basis for those findings and provide a

current summary of the following items from the treatment plan:

(1) an assessment of the defendant's treatment needs, (2) a

description of the services recommended for treatment, (3) the

goals of each type of element of service, (4) an anticipated

timetable for the accomplishment of the goals, and (5) a

designation of the qualified professional responsible for the

implementation of the plan. The report may also include

unsupervised on-grounds privileges, off-grounds privileges

(with or without escort by personnel of the Department of Human

Services), home visits and participation in work programs, but

only where such privileges have been approved by specific court

order, which order may include such conditions on the defendant

as the Court may deem appropriate and necessary to reasonably

assure the defendant's satisfactory progress in treatment and

the safety of the defendant and others.

(c) Every defendant acquitted of a felony by reason of

insanity and subsequently found to be in need of mental health

services shall be represented by counsel in all proceedings

under this Section and under the Mental Health and

Developmental Disabilities Code.

(1) The Court shall appoint as counsel the public

defender or an attorney licensed by this State.

(2) Upon filing with the Court of a verified statement

of legal services rendered by the private attorney

appointed pursuant to paragraph (1) of this subsection, the

Court shall determine a reasonable fee for such services.

If the defendant is unable to pay the fee, the Court shall

enter an order upon the State to pay the entire fee or such

amount as the defendant is unable to pay from funds

appropriated by the General Assembly for that purpose.

(d) When the facility director determines that:

(1) the defendant is no longer in need of mental health

services on an inpatient basis; and

(2) the defendant may be conditionally released

because he or she is still in need of mental health

services or that the defendant may be discharged as not in

need of any mental health services; or

(3) (blank);

the facility director shall give written notice to the Court,

State's Attorney and defense attorney. Such notice shall set

forth in detail the basis for the recommendation of the

facility director, and specify clearly the recommendations, if

any, of the facility director, concerning conditional release.

Any recommendation for conditional release shall include an

evaluation of the defendant's need for psychotropic

medication, what provisions should be made, if any, to ensure

that the defendant will continue to receive psychotropic

medication following discharge, and what provisions should be

made to assure the safety of the defendant and others in the

event the defendant is no longer receiving psychotropic

medication. Within 30 days of the notification by the facility

director, the Court shall set a hearing and make a finding as

to whether the defendant is:

(i) (blank); or

(ii) in need of mental health services in the form of

inpatient care; or

(iii) in need of mental health services but not subject

to inpatient care; or

(iv) no longer in need of mental health services; or

(v) (blank).

A crime victim shall be allowed to present an oral and

written statement. The court shall allow a victim to make an

oral statement if the victim is present in the courtroom and

requests to make an oral statement. An oral statement includes

the victim or a representative of the victim reading the

written statement. A victim and any person making an oral

statement shall not be put under oath or subject to

cross-examination. All statements shall become part of the

record of the court.

Upon finding by the Court, the Court shall enter its

findings and such appropriate order as provided in subsections

(a) and (a-1) of this Section.

(e) A defendant admitted pursuant to this Section, or any

person on his behalf, may file a petition for treatment plan

review or discharge or conditional release under the standards

of this Section in the Court which rendered the verdict. Upon

receipt of a petition for treatment plan review or discharge or

conditional release, the Court shall set a hearing to be held

within 120 days. Thereafter, no new petition may be filed for

180 days without leave of the Court.

(f) The Court shall direct that notice of the time and

place of the hearing be served upon the defendant, the facility

director, the State's Attorney, and the defendant's attorney.

If requested by either the State or the defense or if the Court

feels it is appropriate, an impartial examination of the

defendant by a psychiatrist or clinical psychologist as defined

in Section 1-103 of the Mental Health and Developmental

Disabilities Code who is not in the employ of the Department of

Human Services shall be ordered, and the report considered at

the time of the hearing.

(g) The findings of the Court shall be established by clear

and convincing evidence. The burden of proof and the burden of

going forth with the evidence rest with the defendant or any

person on the defendant's behalf when a hearing is held to

review a petition filed by or on behalf of the defendant. The

evidence shall be presented in open Court with the right of

confrontation and cross-examination. Such evidence may

include, but is not limited to:

(1) whether the defendant appreciates the harm caused

by the defendant to others and the community by his or her

prior conduct that resulted in the finding of not guilty by

reason of insanity;

(2) Whether the person appreciates the criminality of

conduct similar to the conduct for which he or she was

originally charged in this matter;

(3) the current state of the defendant's illness;

(4) what, if any, medications the defendant is taking

to control his or her mental illness;

(5) what, if any, adverse physical side effects the

medication has on the defendant;

(6) the length of time it would take for the

defendant's mental health to deteriorate if the defendant

stopped taking prescribed medication;

(7) the defendant's history or potential for alcohol

and drug abuse;

(8) the defendant's past criminal history;

(9) any specialized physical or medical needs of the

defendant;

(10) any family participation or involvement expected

upon release and what is the willingness and ability of the

family to participate or be involved;

(11) the defendant's potential to be a danger to

himself, herself, or others;

(11.5) a written or oral statement made by the victim;

and

(12) any other factor or factors the Court deems

appropriate.

(h) Before the court orders that the defendant be

discharged or conditionally released, it shall order the

facility director to establish a discharge plan that includes a

plan for the defendant's shelter, support, and medication. If

appropriate, the court shall order that the facility director

establish a program to train the defendant in self-medication

under standards established by the Department of Human

Services. If the Court finds, consistent with the provisions of

this Section, that the defendant is no longer in need of mental

health services it shall order the facility director to

discharge the defendant. If the Court finds, consistent with

the provisions of this Section, that the defendant is in need

of mental health services, and no longer in need of inpatient

care, it shall order the facility director to release the

defendant under such conditions as the Court deems appropriate

and as provided by this Section. Such conditional release shall

be imposed for a period of 5 years as provided in paragraph (D)

of subsection (a-1) and shall be subject to later modification

by the Court as provided by this Section. If the Court finds

consistent with the provisions in this Section that the

defendant is in need of mental health services on an inpatient

basis, it shall order the facility director not to discharge or

release the defendant in accordance with paragraph (b) of this

Section.

(i) If within the period of the defendant's conditional

release the State's Attorney determines that the defendant has

not fulfilled the conditions of his or her release, the State's

Attorney may petition the Court to revoke or modify the

conditional release of the defendant. Upon the filing of such

petition the defendant may be remanded to the custody of the

Department, or to any other mental health facility designated

by the Department, pending the resolution of the petition.

Nothing in this Section shall prevent the emergency admission

of a defendant pursuant to Article VI of Chapter III of the

Mental Health and Developmental Disabilities Code or the

voluntary admission of the defendant pursuant to Article IV of

Chapter III of the Mental Health and Developmental Disabilities

Code. If the Court determines, after hearing evidence, that the

defendant has not fulfilled the conditions of release, the

Court shall order a hearing to be held consistent with the

provisions of paragraph (f) and (g) of this Section. At such

hearing, if the Court finds that the defendant is in need of

mental health services on an inpatient basis, it shall enter an

order remanding him or her to the Department of Human Services

or other facility. If the defendant is remanded to the

Department of Human Services, he or she shall be placed in a

secure setting unless the Court determines that there are

compelling reasons that such placement is not necessary. If the

Court finds that the defendant continues to be in need of

mental health services but not on an inpatient basis, it may

modify the conditions of the original release in order to

reasonably assure the defendant's satisfactory progress in

treatment and his or her safety and the safety of others in

accordance with the standards established in paragraph (D) of

subsection (a-1). Nothing in this Section shall limit a Court's

contempt powers or any other powers of a Court.

(j) An order of admission under this Section does not

affect the remedy of habeas corpus.

(k) In the event of a conflict between this Section and the

Mental Health and Developmental Disabilities Code or the Mental

Health and Developmental Disabilities Confidentiality Act, the

provisions of this Section shall govern.

(l) Public Act 90-593 shall apply to all persons who have

been found not guilty by reason of insanity and who are

presently committed to the Department of Mental Health and

Developmental Disabilities (now the Department of Human

Services).

(m) The Clerk of the Court shall transmit a certified copy

of the order of discharge or conditional release to the

Department of Human Services, to the sheriff of the county from

which the defendant was admitted, to the Illinois Department of

State Police, to the proper law enforcement agency for the

municipality where the offense took place, and to the sheriff

of the county into which the defendant is conditionally

discharged. The Illinois Department of State Police shall

maintain a centralized record of discharged or conditionally

released defendants while they are under court supervision for

access and use of appropriate law enforcement agencies.

(n) The provisions in this Section which allows a crime

victim to make a written and oral statement do not apply if the

defendant was under 18 years of age at the time the offense was

committed.

(o) If any provision of this Section or its application to

any person or circumstance is held invalid, the invalidity of

that provision does not affect any other provision or

application of this Section that can be given effect without

the invalid provision or application.

(Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18;

100-863, eff. 8-14-18; 100-961, eff. 1-1-19; revised 10-3-18.)

(730 ILCS 5/5-2-6) (from Ch. 38, par. 1005-2-6)

Sec. 5-2-6. Sentencing and treatment of defendant found

guilty but mentally ill.

(a) After a plea or verdict of guilty but mentally ill

under Section Sections 115-2, 115-3, or 115-4 of the Code of

Criminal Procedure of 1963, the court shall order a presentence

investigation and report pursuant to Sections 5-3-1 and 5-3-2

of this Act, and shall set a date for a sentencing hearing. The

court may impose any sentence upon the defendant which could be

imposed pursuant to law upon a defendant who had been convicted

of the same offense without a finding of mental illness.

(b) If the court imposes a sentence of imprisonment upon a

defendant who has been found guilty but mentally ill, the

defendant shall be committed to the Department of Corrections,

which shall cause periodic inquiry and examination to be made

concerning the nature, extent, continuance, and treatment of

the defendant's mental illness. The Department of Corrections

shall provide such psychiatric, psychological, or other

counseling and treatment for the defendant as it determines

necessary.

(c) The Department of Corrections may transfer the

defendant's custody to the Department of Human Services in

accordance with the provisions of Section 3-8-5 of this Act.

(d) (1) The Department of Human Services shall return to

the Department of Corrections any person committed to it

pursuant to this Section whose sentence has not expired and

whom the Department of Human Services deems no longer requires

hospitalization for mental treatment, an intellectual

disability, or a substance use disorder as defined in Section

1-10 of the Substance Use Disorder Act..

(2) The Department of Corrections shall notify the

Secretary of Human Services of the expiration of the sentence

of any person transferred to the Department of Human Services

under this Section. If the Department of Human Services

determines that any such person requires further

hospitalization, it shall file an appropriate petition for

involuntary commitment pursuant to the Mental Health and

Developmental Disabilities Code.

(e) (1) All persons found guilty but mentally ill, whether

by plea or by verdict, who are placed on probation or sentenced

to a term of periodic imprisonment or a period of conditional

discharge shall be required to submit to a course of mental

treatment prescribed by the sentencing court.

(2) The course of treatment prescribed by the court shall

reasonably assure the defendant's satisfactory progress in

treatment or habilitation and for the safety of the defendant

and others. The court shall consider terms, conditions and

supervision which may include, but need not be limited to,

notification and discharge of the person to the custody of his

family, community adjustment programs, periodic checks with

legal authorities and outpatient care and utilization of local

mental health or developmental disabilities facilities.

(3) Failure to continue treatment, except by agreement with

the treating person or agency and the court, shall be a basis

for the institution of probation revocation proceedings.

(4) The period of probation shall be in accordance with

Article 4.5 of Chapter V of this Code and shall not be

shortened without receipt and consideration of such

psychiatric or psychological report or reports as the court may

require.

(Source: P.A. 100-759, eff. 1-1-19; revised 10-3-18.)

(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

Sec. 5-4-1. Sentencing hearing.

(a) Except when the death penalty is sought under hearing

procedures otherwise specified, after a determination of

guilt, a hearing shall be held to impose the sentence. However,

prior to the imposition of sentence on an individual being

sentenced for an offense based upon a charge for a violation of

Section 11-501 of the Illinois Vehicle Code or a similar

provision of a local ordinance, the individual must undergo a

professional evaluation to determine if an alcohol or other

drug abuse problem exists and the extent of such a problem.

Programs conducting these evaluations shall be licensed by the

Department of Human Services. However, if the individual is not

a resident of Illinois, the court may, in its discretion,

accept an evaluation from a program in the state of such

individual's residence. The court may in its sentencing order

approve an eligible defendant for placement in a Department of

Corrections impact incarceration program as provided in

Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing

order recommend a defendant for placement in a Department of

Corrections substance abuse treatment program as provided in

paragraph (a) of subsection (1) of Section 3-2-2 conditioned

upon the defendant being accepted in a program by the

Department of Corrections. At the hearing the court shall:

(1) consider the evidence, if any, received upon the

trial;

(2) consider any presentence reports;

(3) consider the financial impact of incarceration

based on the financial impact statement filed with the

clerk of the court by the Department of Corrections;

(4) consider evidence and information offered by the

parties in aggravation and mitigation;

(4.5) consider substance abuse treatment, eligibility

screening, and an assessment, if any, of the defendant by

an agent designated by the State of Illinois to provide

assessment services for the Illinois courts;

(5) hear arguments as to sentencing alternatives;

(6) afford the defendant the opportunity to make a

statement in his own behalf;

(7) afford the victim of a violent crime or a violation

of Section 11-501 of the Illinois Vehicle Code, or a

similar provision of a local ordinance, the opportunity to

present an oral or written statement, as guaranteed by

Article I, Section 8.1 of the Illinois Constitution and

provided in Section 6 of the Rights of Crime Victims and

Witnesses Act. The court shall allow a victim to make an

oral statement if the victim is present in the courtroom

and requests to make an oral or written statement. An oral

or written statement includes the victim or a

representative of the victim reading the written

statement. The court may allow persons impacted by the

crime who are not victims under subsection (a) of Section 3

of the Rights of Crime Victims and Witnesses Act to present

an oral or written statement. A victim and any person

making an oral statement shall not be put under oath or

subject to cross-examination. All statements offered under

this paragraph (7) shall become part of the record of the

court. In this paragraph (7), "victim of a violent crime"

means a person who is a victim of a violent crime for which

the defendant has been convicted after a bench or jury

trial or a person who is the victim of a violent crime with

which the defendant was charged and the defendant has been

convicted under a plea agreement of a crime that is not a

violent crime as defined in subsection (c) of 3 of the

Rights of Crime Victims and Witnesses Act;

(7.5) afford a qualified person affected by: (i) a

violation of Section 405, 405.1, 405.2, or 407 of the

Illinois Controlled Substances Act or a violation of

Section 55 or Section 65 of the Methamphetamine Control and

Community Protection Act; or (ii) a Class 4 felony

violation of Section 11-14, 11-14.3 except as described in

subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

11-18.1, or 11-19 of the Criminal Code of 1961 or the

Criminal Code of 2012, committed by the defendant the

opportunity to make a statement concerning the impact on

the qualified person and to offer evidence in aggravation

or mitigation; provided that the statement and evidence

offered in aggravation or mitigation shall first be

prepared in writing in conjunction with the State's

Attorney before it may be presented orally at the hearing.

Sworn testimony offered by the qualified person is subject

to the defendant's right to cross-examine. All statements

and evidence offered under this paragraph (7.5) shall

become part of the record of the court. In this paragraph

(7.5), "qualified person" means any person who: (i) lived

or worked within the territorial jurisdiction where the

offense took place when the offense took place; or (ii) is

familiar with various public places within the territorial

jurisdiction where the offense took place when the offense

took place. "Qualified person" includes any peace officer

or any member of any duly organized State, county, or

municipal peace officer unit assigned to the territorial

jurisdiction where the offense took place when the offense

took place;

(8) in cases of reckless homicide afford the victim's

spouse, guardians, parents or other immediate family

members an opportunity to make oral statements;

(9) in cases involving a felony sex offense as defined

under the Sex Offender Management Board Act, consider the

results of the sex offender evaluation conducted pursuant

to Section 5-3-2 of this Act; and

(10) make a finding of whether a motor vehicle was used

in the commission of the offense for which the defendant is

being sentenced.

(b) All sentences shall be imposed by the judge based upon

his independent assessment of the elements specified above and

any agreement as to sentence reached by the parties. The judge

who presided at the trial or the judge who accepted the plea of

guilty shall impose the sentence unless he is no longer sitting

as a judge in that court. Where the judge does not impose

sentence at the same time on all defendants who are convicted

as a result of being involved in the same offense, the

defendant or the State's Attorney may advise the sentencing

court of the disposition of any other defendants who have been

sentenced.

(b-1) In imposing a sentence of imprisonment or periodic

imprisonment for a Class 3 or Class 4 felony for which a

sentence of probation or conditional discharge is an available

sentence, if the defendant has no prior sentence of probation

or conditional discharge and no prior conviction for a violent

crime, the defendant shall not be sentenced to imprisonment

before review and consideration of a presentence report and

determination and explanation of why the particular evidence,

information, factor in aggravation, factual finding, or other

reasons support a sentencing determination that one or more of

the factors under subsection (a) of Section 5-6-1 of this Code

apply and that probation or conditional discharge is not an

appropriate sentence.

(c) In imposing a sentence for a violent crime or for an

offense of operating or being in physical control of a vehicle

while under the influence of alcohol, any other drug or any

combination thereof, or a similar provision of a local

ordinance, when such offense resulted in the personal injury to

someone other than the defendant, the trial judge shall specify

on the record the particular evidence, information, factors in

mitigation and aggravation or other reasons that led to his

sentencing determination. The full verbatim record of the

sentencing hearing shall be filed with the clerk of the court

and shall be a public record.

(c-1) In imposing a sentence for the offense of aggravated

kidnapping for ransom, home invasion, armed robbery,

aggravated vehicular hijacking, aggravated discharge of a

firearm, or armed violence with a category I weapon or category

II weapon, the trial judge shall make a finding as to whether

the conduct leading to conviction for the offense resulted in

great bodily harm to a victim, and shall enter that finding and

the basis for that finding in the record.

(c-2) If the defendant is sentenced to prison, other than

when a sentence of natural life imprisonment or a sentence of

death is imposed, at the time the sentence is imposed the judge

shall state on the record in open court the approximate period

of time the defendant will serve in custody according to the

then current statutory rules and regulations for sentence

credit found in Section 3-6-3 and other related provisions of

this Code. This statement is intended solely to inform the

public, has no legal effect on the defendant's actual release,

and may not be relied on by the defendant on appeal.

The judge's statement, to be given after pronouncing the

sentence, other than when the sentence is imposed for one of

the offenses enumerated in paragraph (a)(4) of Section 3-6-3,

shall include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois as

applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, assuming the defendant receives all of his or her

sentence credit, the period of estimated actual custody is ...

years and ... months, less up to 180 days additional earned

sentence credit. If the defendant, because of his or her own

misconduct or failure to comply with the institutional

regulations, does not receive those credits, the actual time

served in prison will be longer. The defendant may also receive

an additional one-half day sentence credit for each day of

participation in vocational, industry, substance abuse, and

educational programs as provided for by Illinois statute."

When the sentence is imposed for one of the offenses

enumerated in paragraph (a)(2) of Section 3-6-3, other than

first degree murder, and the offense was committed on or after

June 19, 1998, and when the sentence is imposed for reckless

homicide as defined in subsection (e) of Section 9-3 of the

Criminal Code of 1961 or the Criminal Code of 2012 if the

offense was committed on or after January 1, 1999, and when the

sentence is imposed for aggravated driving under the influence

of alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof as defined in

subparagraph (F) of paragraph (1) of subsection (d) of Section

11-501 of the Illinois Vehicle Code, and when the sentence is

imposed for aggravated arson if the offense was committed on or

after July 27, 2001 (the effective date of Public Act 92-176),

and when the sentence is imposed for aggravated driving under

the influence of alcohol, other drug or drugs, or intoxicating

compound or compounds, or any combination thereof as defined in

subparagraph (C) of paragraph (1) of subsection (d) of Section

11-501 of the Illinois Vehicle Code committed on or after

January 1, 2011 (the effective date of Public Act 96-1230), the

judge's statement, to be given after pronouncing the sentence,

shall include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois as

applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant is entitled to no more than 4 1/2 days of

sentence credit for each month of his or her sentence of

imprisonment. Therefore, this defendant will serve at least 85%

of his or her sentence. Assuming the defendant receives 4 1/2

days credit for each month of his or her sentence, the period

of estimated actual custody is ... years and ... months. If the

defendant, because of his or her own misconduct or failure to

comply with the institutional regulations receives lesser

credit, the actual time served in prison will be longer."

When a sentence of imprisonment is imposed for first degree

murder and the offense was committed on or after June 19, 1998,

the judge's statement, to be given after pronouncing the

sentence, shall include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois as

applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant is not entitled to sentence credit.

Therefore, this defendant will serve 100% of his or her

sentence."

When the sentencing order recommends placement in a

substance abuse program for any offense that results in

incarceration in a Department of Corrections facility and the

crime was committed on or after September 1, 2003 (the

effective date of Public Act 93-354), the judge's statement, in

addition to any other judge's statement required under this

Section, to be given after pronouncing the sentence, shall

include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois as

applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant shall receive no earned sentence credit

under clause (3) of subsection (a) of Section 3-6-3 until he or

she participates in and completes a substance abuse treatment

program or receives a waiver from the Director of Corrections

pursuant to clause (4.5) of subsection (a) of Section 3-6-3."

(c-4) Before the sentencing hearing and as part of the

presentence investigation under Section 5-3-1, the court shall

inquire of the defendant whether the defendant is currently

serving in or is a veteran of the Armed Forces of the United

States. If the defendant is currently serving in the Armed

Forces of the United States or is a veteran of the Armed Forces

of the United States and has been diagnosed as having a mental

illness by a qualified psychiatrist or clinical psychologist or

physician, the court may:

(1) order that the officer preparing the presentence

report consult with the United States Department of

Veterans Affairs, Illinois Department of Veterans'

Affairs, or another agency or person with suitable

knowledge or experience for the purpose of providing the

court with information regarding treatment options

available to the defendant, including federal, State, and

local programming; and

(2) consider the treatment recommendations of any

diagnosing or treating mental health professionals

together with the treatment options available to the

defendant in imposing sentence.

For the purposes of this subsection (c-4), "qualified

psychiatrist" means a reputable physician licensed in Illinois

to practice medicine in all its branches, who has specialized

in the diagnosis and treatment of mental and nervous disorders

for a period of not less than 5 years.

(c-6) In imposing a sentence, the trial judge shall

specify, on the record, the particular evidence and other

reasons which led to his or her determination that a motor

vehicle was used in the commission of the offense.

(d) When the defendant is committed to the Department of

Corrections, the State's Attorney shall and counsel for the

defendant may file a statement with the clerk of the court to

be transmitted to the department, agency or institution to

which the defendant is committed to furnish such department,

agency or institution with the facts and circumstances of the

offense for which the person was committed together with all

other factual information accessible to them in regard to the

person prior to his commitment relative to his habits,

associates, disposition and reputation and any other facts and

circumstances which may aid such department, agency or

institution during its custody of such person. The clerk shall

within 10 days after receiving any such statements transmit a

copy to such department, agency or institution and a copy to

the other party, provided, however, that this shall not be

cause for delay in conveying the person to the department,

agency or institution to which he has been committed.

(e) The clerk of the court shall transmit to the

department, agency or institution, if any, to which the

defendant is committed, the following:

(1) the sentence imposed;

(2) any statement by the court of the basis for

imposing the sentence;

(3) any presentence reports;

(3.5) any sex offender evaluations;

(3.6) any substance abuse treatment eligibility

screening and assessment of the defendant by an agent

designated by the State of Illinois to provide assessment

services for the Illinois courts;

(4) the number of days, if any, which the defendant has

been in custody and for which he is entitled to credit

against the sentence, which information shall be provided

to the clerk by the sheriff;

(4.1) any finding of great bodily harm made by the

court with respect to an offense enumerated in subsection

(c-1);

(5) all statements filed under subsection (d) of this

Section;

(6) any medical or mental health records or summaries

of the defendant;

(7) the municipality where the arrest of the offender

or the commission of the offense has occurred, where such

municipality has a population of more than 25,000 persons;

(8) all statements made and evidence offered under

paragraph (7) of subsection (a) of this Section; and

(9) all additional matters which the court directs the

clerk to transmit.

(f) In cases in which the court finds that a motor vehicle

was used in the commission of the offense for which the

defendant is being sentenced, the clerk of the court shall,

within 5 days thereafter, forward a report of such conviction

to the Secretary of State.

(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;

100-961, eff. 1-1-19; revised 10-3-18.)

(730 ILCS 5/5-5-3)

(Text of Section before amendment by P.A. 100-987)

Sec. 5-5-3. Disposition.

(a) (Blank).

(b) (Blank).

(c) (1) (Blank).

(2) A period of probation, a term of periodic imprisonment

or conditional discharge shall not be imposed for the following

offenses. The court shall sentence the offender to not less

than the minimum term of imprisonment set forth in this Code

for the following offenses, and may order a fine or restitution

or both in conjunction with such term of imprisonment:

(A) First degree murder where the death penalty is not

imposed.

(B) Attempted first degree murder.

(C) A Class X felony.

(D) A violation of Section 401.1 or 407 of the Illinois

Controlled Substances Act, or a violation of subdivision

(c)(1.5) of Section 401 of that Act which relates to more

than 5 grams of a substance containing fentanyl or an

analog thereof.

(D-5) A violation of subdivision (c)(1) of Section 401

of the Illinois Controlled Substances Act which relates to

3 or more grams of a substance containing heroin or an

analog thereof.

(E) (Blank).

(F) A Class 1 or greater felony if the offender had

been convicted of a Class 1 or greater felony, including

any state or federal conviction for an offense that

contained, at the time it was committed, the same elements

as an offense now (the date of the offense committed after

the prior Class 1 or greater felony) classified as a Class

1 or greater felony, within 10 years of the date on which

the offender committed the offense for which he or she is

being sentenced, except as otherwise provided in Section

40-10 of the Substance Use Disorder Act.

(F-3) A Class 2 or greater felony sex offense or felony

firearm offense if the offender had been convicted of a

Class 2 or greater felony, including any state or federal

conviction for an offense that contained, at the time it

was committed, the same elements as an offense now (the

date of the offense committed after the prior Class 2 or

greater felony) classified as a Class 2 or greater felony,

within 10 years of the date on which the offender committed

the offense for which he or she is being sentenced, except

as otherwise provided in Section 40-10 of the Substance Use

Disorder Act.

(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of

the Criminal Code of 1961 or the Criminal Code of 2012 for

which imprisonment is prescribed in those Sections.

(G) Residential burglary, except as otherwise provided

in Section 40-10 of the Substance Use Disorder Act.

(H) Criminal sexual assault.

(I) Aggravated battery of a senior citizen as described

in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

of the Criminal Code of 1961 or the Criminal Code of 2012.

(J) A forcible felony if the offense was related to the

activities of an organized gang.

Before July 1, 1994, for the purposes of this

paragraph, "organized gang" means an association of 5 or

more persons, with an established hierarchy, that

encourages members of the association to perpetrate crimes

or provides support to the members of the association who

do commit crimes.

Beginning July 1, 1994, for the purposes of this

paragraph, "organized gang" has the meaning ascribed to it

in Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(K) Vehicular hijacking.

(L) A second or subsequent conviction for the offense

of hate crime when the underlying offense upon which the

hate crime is based is felony aggravated assault or felony

mob action.

(M) A second or subsequent conviction for the offense

of institutional vandalism if the damage to the property

exceeds $300.

(N) A Class 3 felony violation of paragraph (1) of

subsection (a) of Section 2 of the Firearm Owners

Identification Card Act.

(O) A violation of Section 12-6.1 or 12-6.5 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(P) A violation of paragraph (1), (2), (3), (4), (5),

or (7) of subsection (a) of Section 11-20.1 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(Q) A violation of subsection (b) or (b-5) of Section

20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(R) A violation of Section 24-3A of the Criminal Code

of 1961 or the Criminal Code of 2012.

(S) (Blank).

(T) (Blank).

(U) A second or subsequent violation of Section 6-303

of the Illinois Vehicle Code committed while his or her

driver's license, permit, or privilege was revoked because

of a violation of Section 9-3 of the Criminal Code of 1961

or the Criminal Code of 2012, relating to the offense of

reckless homicide, or a similar provision of a law of

another state.

(V) A violation of paragraph (4) of subsection (c) of

Section 11-20.1B or paragraph (4) of subsection (c) of

Section 11-20.3 of the Criminal Code of 1961, or paragraph

(6) of subsection (a) of Section 11-20.1 of the Criminal

Code of 2012 when the victim is under 13 years of age and

the defendant has previously been convicted under the laws

of this State or any other state of the offense of child

pornography, aggravated child pornography, aggravated

criminal sexual abuse, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, or any of the

offenses formerly known as rape, deviate sexual assault,

indecent liberties with a child, or aggravated indecent

liberties with a child where the victim was under the age

of 18 years or an offense that is substantially equivalent

to those offenses.

(W) A violation of Section 24-3.5 of the Criminal Code

of 1961 or the Criminal Code of 2012.

(X) A violation of subsection (a) of Section 31-1a of

the Criminal Code of 1961 or the Criminal Code of 2012.

(Y) A conviction for unlawful possession of a firearm

by a street gang member when the firearm was loaded or

contained firearm ammunition.

(Z) A Class 1 felony committed while he or she was

serving a term of probation or conditional discharge for a

felony.

(AA) Theft of property exceeding $500,000 and not

exceeding $1,000,000 in value.

(BB) Laundering of criminally derived property of a

value exceeding $500,000.

(CC) Knowingly selling, offering for sale, holding for

sale, or using 2,000 or more counterfeit items or

counterfeit items having a retail value in the aggregate of

$500,000 or more.

(DD) A conviction for aggravated assault under

paragraph (6) of subsection (c) of Section 12-2 of the

Criminal Code of 1961 or the Criminal Code of 2012 if the

firearm is aimed toward the person against whom the firearm

is being used.

(EE) A conviction for a violation of paragraph (2) of

subsection (a) of Section 24-3B of the Criminal Code of

2012.

(3) (Blank).

(4) A minimum term of imprisonment of not less than 10

consecutive days or 30 days of community service shall be

imposed for a violation of paragraph (c) of Section 6-303 of

the Illinois Vehicle Code.

(4.1) (Blank).

(4.2) Except as provided in paragraphs (4.3) and (4.8) of

this subsection (c), a minimum of 100 hours of community

service shall be imposed for a second violation of Section

6-303 of the Illinois Vehicle Code.

(4.3) A minimum term of imprisonment of 30 days or 300

hours of community service, as determined by the court, shall

be imposed for a second violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.4) Except as provided in paragraphs (4.5), (4.6), and

(4.9) of this subsection (c), a minimum term of imprisonment of

30 days or 300 hours of community service, as determined by the

court, shall be imposed for a third or subsequent violation of

Section 6-303 of the Illinois Vehicle Code. The court may give

credit toward the fulfillment of community service hours for

participation in activities and treatment as determined by

court services.

(4.5) A minimum term of imprisonment of 30 days shall be

imposed for a third violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.6) Except as provided in paragraph (4.10) of this

subsection (c), a minimum term of imprisonment of 180 days

shall be imposed for a fourth or subsequent violation of

subsection (c) of Section 6-303 of the Illinois Vehicle Code.

(4.7) A minimum term of imprisonment of not less than 30

consecutive days, or 300 hours of community service, shall be

imposed for a violation of subsection (a-5) of Section 6-303 of

the Illinois Vehicle Code, as provided in subsection (b-5) of

that Section.

(4.8) A mandatory prison sentence shall be imposed for a

second violation of subsection (a-5) of Section 6-303 of the

Illinois Vehicle Code, as provided in subsection (c-5) of that

Section. The person's driving privileges shall be revoked for a

period of not less than 5 years from the date of his or her

release from prison.

(4.9) A mandatory prison sentence of not less than 4 and

not more than 15 years shall be imposed for a third violation

of subsection (a-5) of Section 6-303 of the Illinois Vehicle

Code, as provided in subsection (d-2.5) of that Section. The

person's driving privileges shall be revoked for the remainder

of his or her life.

(4.10) A mandatory prison sentence for a Class 1 felony

shall be imposed, and the person shall be eligible for an

extended term sentence, for a fourth or subsequent violation of

subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,

as provided in subsection (d-3.5) of that Section. The person's

driving privileges shall be revoked for the remainder of his or

her life.

(5) The court may sentence a corporation or unincorporated

association convicted of any offense to:

(A) a period of conditional discharge;

(B) a fine;

(C) make restitution to the victim under Section 5-5-6

of this Code.

(5.1) In addition to any other penalties imposed, and

except as provided in paragraph (5.2) or (5.3), a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for at least 90 days but not

more than one year, if the violation resulted in damage to the

property of another person.

(5.2) In addition to any other penalties imposed, and

except as provided in paragraph (5.3), a person convicted of

violating subsection (c) of Section 11-907 of the Illinois

Vehicle Code shall have his or her driver's license, permit, or

privileges suspended for at least 180 days but not more than 2

years, if the violation resulted in injury to another person.

(5.3) In addition to any other penalties imposed, a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for 2 years, if the violation

resulted in the death of another person.

(5.4) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code shall have his or her driver's license, permit, or

privileges suspended for 3 months and until he or she has paid

a reinstatement fee of $100.

(5.5) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code during a period in which his or her driver's license,

permit, or privileges were suspended for a previous violation

of that Section shall have his or her driver's license, permit,

or privileges suspended for an additional 6 months after the

expiration of the original 3-month suspension and until he or

she has paid a reinstatement fee of $100.

(6) (Blank).

(7) (Blank).

(8) (Blank).

(9) A defendant convicted of a second or subsequent offense

of ritualized abuse of a child may be sentenced to a term of

natural life imprisonment.

(10) (Blank).

(11) The court shall impose a minimum fine of $1,000 for a

first offense and $2,000 for a second or subsequent offense

upon a person convicted of or placed on supervision for battery

when the individual harmed was a sports official or coach at

any level of competition and the act causing harm to the sports

official or coach occurred within an athletic facility or

within the immediate vicinity of the athletic facility at which

the sports official or coach was an active participant of the

athletic contest held at the athletic facility. For the

purposes of this paragraph (11), "sports official" means a

person at an athletic contest who enforces the rules of the

contest, such as an umpire or referee; "athletic facility"

means an indoor or outdoor playing field or recreational area

where sports activities are conducted; and "coach" means a

person recognized as a coach by the sanctioning authority that

conducted the sporting event.

(12) A person may not receive a disposition of court

supervision for a violation of Section 5-16 of the Boat

Registration and Safety Act if that person has previously

received a disposition of court supervision for a violation of

that Section.

(13) A person convicted of or placed on court supervision

for an assault or aggravated assault when the victim and the

offender are family or household members as defined in Section

103 of the Illinois Domestic Violence Act of 1986 or convicted

of domestic battery or aggravated domestic battery may be

required to attend a Partner Abuse Intervention Program under

protocols set forth by the Illinois Department of Human

Services under such terms and conditions imposed by the court.

The costs of such classes shall be paid by the offender.

(d) In any case in which a sentence originally imposed is

vacated, the case shall be remanded to the trial court. The

trial court shall hold a hearing under Section 5-4-1 of this

the Unified Code of Corrections which may include evidence of

the defendant's life, moral character and occupation during the

time since the original sentence was passed. The trial court

shall then impose sentence upon the defendant. The trial court

may impose any sentence which could have been imposed at the

original trial subject to Section 5-5-4 of this the Unified

Code of Corrections. If a sentence is vacated on appeal or on

collateral attack due to the failure of the trier of fact at

trial to determine beyond a reasonable doubt the existence of a

fact (other than a prior conviction) necessary to increase the

punishment for the offense beyond the statutory maximum

otherwise applicable, either the defendant may be re-sentenced

to a term within the range otherwise provided or, if the State

files notice of its intention to again seek the extended

sentence, the defendant shall be afforded a new trial.

(e) In cases where prosecution for aggravated criminal

sexual abuse under Section 11-1.60 or 12-16 of the Criminal

Code of 1961 or the Criminal Code of 2012 results in conviction

of a defendant who was a family member of the victim at the

time of the commission of the offense, the court shall consider

the safety and welfare of the victim and may impose a sentence

of probation only where:

(1) the court finds (A) or (B) or both are appropriate:

(A) the defendant is willing to undergo a court

approved counseling program for a minimum duration of 2

years; or

(B) the defendant is willing to participate in a

court approved plan including but not limited to the

defendant's:

(i) removal from the household;

(ii) restricted contact with the victim;

(iii) continued financial support of the

family;

(iv) restitution for harm done to the victim;

and

(v) compliance with any other measures that

the court may deem appropriate; and

(2) the court orders the defendant to pay for the

victim's counseling services, to the extent that the court

finds, after considering the defendant's income and

assets, that the defendant is financially capable of paying

for such services, if the victim was under 18 years of age

at the time the offense was committed and requires

counseling as a result of the offense.

Probation may be revoked or modified pursuant to Section

5-6-4; except where the court determines at the hearing that

the defendant violated a condition of his or her probation

restricting contact with the victim or other family members or

commits another offense with the victim or other family

members, the court shall revoke the defendant's probation and

impose a term of imprisonment.

For the purposes of this Section, "family member" and

"victim" shall have the meanings ascribed to them in Section

11-0.1 of the Criminal Code of 2012.

(f) (Blank).

(g) Whenever a defendant is convicted of an offense under

Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

11-14.3, 11-14.4 except for an offense that involves keeping a

place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012, the defendant shall undergo medical

testing to determine whether the defendant has any sexually

transmissible disease, including a test for infection with

human immunodeficiency virus (HIV) or any other identified

causative agent of acquired immunodeficiency syndrome (AIDS).

Any such medical test shall be performed only by appropriately

licensed medical practitioners and may include an analysis of

any bodily fluids as well as an examination of the defendant's

person. Except as otherwise provided by law, the results of

such test shall be kept strictly confidential by all medical

personnel involved in the testing and must be personally

delivered in a sealed envelope to the judge of the court in

which the conviction was entered for the judge's inspection in

camera. Acting in accordance with the best interests of the

victim and the public, the judge shall have the discretion to

determine to whom, if anyone, the results of the testing may be

revealed. The court shall notify the defendant of the test

results. The court shall also notify the victim if requested by

the victim, and if the victim is under the age of 15 and if

requested by the victim's parents or legal guardian, the court

shall notify the victim's parents or legal guardian of the test

results. The court shall provide information on the

availability of HIV testing and counseling at Department of

Public Health facilities to all parties to whom the results of

the testing are revealed and shall direct the State's Attorney

to provide the information to the victim when possible. A

State's Attorney may petition the court to obtain the results

of any HIV test administered under this Section, and the court

shall grant the disclosure if the State's Attorney shows it is

relevant in order to prosecute a charge of criminal

transmission of HIV under Section 12-5.01 or 12-16.2 of the

Criminal Code of 1961 or the Criminal Code of 2012 against the

defendant. The court shall order that the cost of any such test

shall be paid by the county and may be taxed as costs against

the convicted defendant.

(g-5) When an inmate is tested for an airborne communicable

disease, as determined by the Illinois Department of Public

Health including but not limited to tuberculosis, the results

of the test shall be personally delivered by the warden or his

or her designee in a sealed envelope to the judge of the court

in which the inmate must appear for the judge's inspection in

camera if requested by the judge. Acting in accordance with the

best interests of those in the courtroom, the judge shall have

the discretion to determine what if any precautions need to be

taken to prevent transmission of the disease in the courtroom.

(h) Whenever a defendant is convicted of an offense under

Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

defendant shall undergo medical testing to determine whether

the defendant has been exposed to human immunodeficiency virus

(HIV) or any other identified causative agent of acquired

immunodeficiency syndrome (AIDS). Except as otherwise provided

by law, the results of such test shall be kept strictly

confidential by all medical personnel involved in the testing

and must be personally delivered in a sealed envelope to the

judge of the court in which the conviction was entered for the

judge's inspection in camera. Acting in accordance with the

best interests of the public, the judge shall have the

discretion to determine to whom, if anyone, the results of the

testing may be revealed. The court shall notify the defendant

of a positive test showing an infection with the human

immunodeficiency virus (HIV). The court shall provide

information on the availability of HIV testing and counseling

at Department of Public Health facilities to all parties to

whom the results of the testing are revealed and shall direct

the State's Attorney to provide the information to the victim

when possible. A State's Attorney may petition the court to

obtain the results of any HIV test administered under this

Section, and the court shall grant the disclosure if the

State's Attorney shows it is relevant in order to prosecute a

charge of criminal transmission of HIV under Section 12-5.01 or

12-16.2 of the Criminal Code of 1961 or the Criminal Code of

2012 against the defendant. The court shall order that the cost

of any such test shall be paid by the county and may be taxed as

costs against the convicted defendant.

(i) All fines and penalties imposed under this Section for

any violation of Chapters 3, 4, 6, and 11 of the Illinois

Vehicle Code, or a similar provision of a local ordinance, and

any violation of the Child Passenger Protection Act, or a

similar provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under Section 27.5

of the Clerks of Courts Act.

(j) In cases when prosecution for any violation of Section

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

Code of 2012, any violation of the Illinois Controlled

Substances Act, any violation of the Cannabis Control Act, or

any violation of the Methamphetamine Control and Community

Protection Act results in conviction, a disposition of court

supervision, or an order of probation granted under Section 10

of the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, or Section 70 of the Methamphetamine

Control and Community Protection Act of a defendant, the court

shall determine whether the defendant is employed by a facility

or center as defined under the Child Care Act of 1969, a public

or private elementary or secondary school, or otherwise works

with children under 18 years of age on a daily basis. When a

defendant is so employed, the court shall order the Clerk of

the Court to send a copy of the judgment of conviction or order

of supervision or probation to the defendant's employer by

certified mail. If the employer of the defendant is a school,

the Clerk of the Court shall direct the mailing of a copy of

the judgment of conviction or order of supervision or probation

to the appropriate regional superintendent of schools. The

regional superintendent of schools shall notify the State Board

of Education of any notification under this subsection.

(j-5) A defendant at least 17 years of age who is convicted

of a felony and who has not been previously convicted of a

misdemeanor or felony and who is sentenced to a term of

imprisonment in the Illinois Department of Corrections shall as

a condition of his or her sentence be required by the court to

attend educational courses designed to prepare the defendant

for a high school diploma and to work toward a high school

diploma or to work toward passing high school equivalency

testing or to work toward completing a vocational training

program offered by the Department of Corrections. If a

defendant fails to complete the educational training required

by his or her sentence during the term of incarceration, the

Prisoner Review Board shall, as a condition of mandatory

supervised release, require the defendant, at his or her own

expense, to pursue a course of study toward a high school

diploma or passage of high school equivalency testing. The

Prisoner Review Board shall revoke the mandatory supervised

release of a defendant who wilfully fails to comply with this

subsection (j-5) upon his or her release from confinement in a

penal institution while serving a mandatory supervised release

term; however, the inability of the defendant after making a

good faith effort to obtain financial aid or pay for the

educational training shall not be deemed a wilful failure to

comply. The Prisoner Review Board shall recommit the defendant

whose mandatory supervised release term has been revoked under

this subsection (j-5) as provided in Section 3-3-9. This

subsection (j-5) does not apply to a defendant who has a high

school diploma or has successfully passed high school

equivalency testing. This subsection (j-5) does not apply to a

defendant who is determined by the court to be a person with a

developmental disability or otherwise mentally incapable of

completing the educational or vocational program.

(k) (Blank).

(l) (A) Except as provided in paragraph (C) of subsection

(l), whenever a defendant, who is an alien as defined by the

Immigration and Nationality Act, is convicted of any felony or

misdemeanor offense, the court after sentencing the defendant

may, upon motion of the State's Attorney, hold sentence in

abeyance and remand the defendant to the custody of the

Attorney General of the United States or his or her designated

agent to be deported when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

Otherwise, the defendant shall be sentenced as provided in

this Chapter V.

(B) If the defendant has already been sentenced for a

felony or misdemeanor offense, or has been placed on probation

under Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act, the

court may, upon motion of the State's Attorney to suspend the

sentence imposed, commit the defendant to the custody of the

Attorney General of the United States or his or her designated

agent when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

(C) This subsection (l) does not apply to offenders who are

subject to the provisions of paragraph (2) of subsection (a) of

Section 3-6-3.

(D) Upon motion of the State's Attorney, if a defendant

sentenced under this Section returns to the jurisdiction of the

United States, the defendant shall be recommitted to the

custody of the county from which he or she was sentenced.

Thereafter, the defendant shall be brought before the

sentencing court, which may impose any sentence that was

available under Section 5-5-3 at the time of initial

sentencing. In addition, the defendant shall not be eligible

for additional earned sentence credit as provided under Section

3-6-3.

(m) A person convicted of criminal defacement of property

under Section 21-1.3 of the Criminal Code of 1961 or the

Criminal Code of 2012, in which the property damage exceeds

$300 and the property damaged is a school building, shall be

ordered to perform community service that may include cleanup,

removal, or painting over the defacement.

(n) The court may sentence a person convicted of a

violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 (i) to an impact

incarceration program if the person is otherwise eligible for

that program under Section 5-8-1.1, (ii) to community service,

or (iii) if the person has a substance use disorder, as defined

in the Substance Use Disorder Act, to a treatment program

licensed under that Act.

(o) Whenever a person is convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act, the

defendant's driver's license or permit shall be subject to

renewal on an annual basis in accordance with the provisions of

license renewal established by the Secretary of State.

(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;

99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.

1-1-19; revised 10-12-18.)

(Text of Section after amendment by P.A. 100-987)

Sec. 5-5-3. Disposition.

(a) (Blank).

(b) (Blank).

(c) (1) (Blank).

(2) A period of probation, a term of periodic imprisonment

or conditional discharge shall not be imposed for the following

offenses. The court shall sentence the offender to not less

than the minimum term of imprisonment set forth in this Code

for the following offenses, and may order a fine or restitution

or both in conjunction with such term of imprisonment:

(A) First degree murder where the death penalty is not

imposed.

(B) Attempted first degree murder.

(C) A Class X felony.

(D) A violation of Section 401.1 or 407 of the Illinois

Controlled Substances Act, or a violation of subdivision

(c)(1.5) of Section 401 of that Act which relates to more

than 5 grams of a substance containing fentanyl or an

analog thereof.

(D-5) A violation of subdivision (c)(1) of Section 401

of the Illinois Controlled Substances Act which relates to

3 or more grams of a substance containing heroin or an

analog thereof.

(E) (Blank).

(F) A Class 1 or greater felony if the offender had

been convicted of a Class 1 or greater felony, including

any state or federal conviction for an offense that

contained, at the time it was committed, the same elements

as an offense now (the date of the offense committed after

the prior Class 1 or greater felony) classified as a Class

1 or greater felony, within 10 years of the date on which

the offender committed the offense for which he or she is

being sentenced, except as otherwise provided in Section

40-10 of the Substance Use Disorder Act.

(F-3) A Class 2 or greater felony sex offense or felony

firearm offense if the offender had been convicted of a

Class 2 or greater felony, including any state or federal

conviction for an offense that contained, at the time it

was committed, the same elements as an offense now (the

date of the offense committed after the prior Class 2 or

greater felony) classified as a Class 2 or greater felony,

within 10 years of the date on which the offender committed

the offense for which he or she is being sentenced, except

as otherwise provided in Section 40-10 of the Substance Use

Disorder Act.

(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of

the Criminal Code of 1961 or the Criminal Code of 2012 for

which imprisonment is prescribed in those Sections.

(G) Residential burglary, except as otherwise provided

in Section 40-10 of the Substance Use Disorder Act.

(H) Criminal sexual assault.

(I) Aggravated battery of a senior citizen as described

in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

of the Criminal Code of 1961 or the Criminal Code of 2012.

(J) A forcible felony if the offense was related to the

activities of an organized gang.

Before July 1, 1994, for the purposes of this

paragraph, "organized gang" means an association of 5 or

more persons, with an established hierarchy, that

encourages members of the association to perpetrate crimes

or provides support to the members of the association who

do commit crimes.

Beginning July 1, 1994, for the purposes of this

paragraph, "organized gang" has the meaning ascribed to it

in Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(K) Vehicular hijacking.

(L) A second or subsequent conviction for the offense

of hate crime when the underlying offense upon which the

hate crime is based is felony aggravated assault or felony

mob action.

(M) A second or subsequent conviction for the offense

of institutional vandalism if the damage to the property

exceeds $300.

(N) A Class 3 felony violation of paragraph (1) of

subsection (a) of Section 2 of the Firearm Owners

Identification Card Act.

(O) A violation of Section 12-6.1 or 12-6.5 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(P) A violation of paragraph (1), (2), (3), (4), (5),

or (7) of subsection (a) of Section 11-20.1 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(Q) A violation of subsection (b) or (b-5) of Section

20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(R) A violation of Section 24-3A of the Criminal Code

of 1961 or the Criminal Code of 2012.

(S) (Blank).

(T) (Blank).

(U) A second or subsequent violation of Section 6-303

of the Illinois Vehicle Code committed while his or her

driver's license, permit, or privilege was revoked because

of a violation of Section 9-3 of the Criminal Code of 1961

or the Criminal Code of 2012, relating to the offense of

reckless homicide, or a similar provision of a law of

another state.

(V) A violation of paragraph (4) of subsection (c) of

Section 11-20.1B or paragraph (4) of subsection (c) of

Section 11-20.3 of the Criminal Code of 1961, or paragraph

(6) of subsection (a) of Section 11-20.1 of the Criminal

Code of 2012 when the victim is under 13 years of age and

the defendant has previously been convicted under the laws

of this State or any other state of the offense of child

pornography, aggravated child pornography, aggravated

criminal sexual abuse, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, or any of the

offenses formerly known as rape, deviate sexual assault,

indecent liberties with a child, or aggravated indecent

liberties with a child where the victim was under the age

of 18 years or an offense that is substantially equivalent

to those offenses.

(W) A violation of Section 24-3.5 of the Criminal Code

of 1961 or the Criminal Code of 2012.

(X) A violation of subsection (a) of Section 31-1a of

the Criminal Code of 1961 or the Criminal Code of 2012.

(Y) A conviction for unlawful possession of a firearm

by a street gang member when the firearm was loaded or

contained firearm ammunition.

(Z) A Class 1 felony committed while he or she was

serving a term of probation or conditional discharge for a

felony.

(AA) Theft of property exceeding $500,000 and not

exceeding $1,000,000 in value.

(BB) Laundering of criminally derived property of a

value exceeding $500,000.

(CC) Knowingly selling, offering for sale, holding for

sale, or using 2,000 or more counterfeit items or

counterfeit items having a retail value in the aggregate of

$500,000 or more.

(DD) A conviction for aggravated assault under

paragraph (6) of subsection (c) of Section 12-2 of the

Criminal Code of 1961 or the Criminal Code of 2012 if the

firearm is aimed toward the person against whom the firearm

is being used.

(EE) A conviction for a violation of paragraph (2) of

subsection (a) of Section 24-3B of the Criminal Code of

2012.

(3) (Blank).

(4) A minimum term of imprisonment of not less than 10

consecutive days or 30 days of community service shall be

imposed for a violation of paragraph (c) of Section 6-303 of

the Illinois Vehicle Code.

(4.1) (Blank).

(4.2) Except as provided in paragraphs (4.3) and (4.8) of

this subsection (c), a minimum of 100 hours of community

service shall be imposed for a second violation of Section

6-303 of the Illinois Vehicle Code.

(4.3) A minimum term of imprisonment of 30 days or 300

hours of community service, as determined by the court, shall

be imposed for a second violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.4) Except as provided in paragraphs (4.5), (4.6), and

(4.9) of this subsection (c), a minimum term of imprisonment of

30 days or 300 hours of community service, as determined by the

court, shall be imposed for a third or subsequent violation of

Section 6-303 of the Illinois Vehicle Code. The court may give

credit toward the fulfillment of community service hours for

participation in activities and treatment as determined by

court services.

(4.5) A minimum term of imprisonment of 30 days shall be

imposed for a third violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.6) Except as provided in paragraph (4.10) of this

subsection (c), a minimum term of imprisonment of 180 days

shall be imposed for a fourth or subsequent violation of

subsection (c) of Section 6-303 of the Illinois Vehicle Code.

(4.7) A minimum term of imprisonment of not less than 30

consecutive days, or 300 hours of community service, shall be

imposed for a violation of subsection (a-5) of Section 6-303 of

the Illinois Vehicle Code, as provided in subsection (b-5) of

that Section.

(4.8) A mandatory prison sentence shall be imposed for a

second violation of subsection (a-5) of Section 6-303 of the

Illinois Vehicle Code, as provided in subsection (c-5) of that

Section. The person's driving privileges shall be revoked for a

period of not less than 5 years from the date of his or her

release from prison.

(4.9) A mandatory prison sentence of not less than 4 and

not more than 15 years shall be imposed for a third violation

of subsection (a-5) of Section 6-303 of the Illinois Vehicle

Code, as provided in subsection (d-2.5) of that Section. The

person's driving privileges shall be revoked for the remainder

of his or her life.

(4.10) A mandatory prison sentence for a Class 1 felony

shall be imposed, and the person shall be eligible for an

extended term sentence, for a fourth or subsequent violation of

subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,

as provided in subsection (d-3.5) of that Section. The person's

driving privileges shall be revoked for the remainder of his or

her life.

(5) The court may sentence a corporation or unincorporated

association convicted of any offense to:

(A) a period of conditional discharge;

(B) a fine;

(C) make restitution to the victim under Section 5-5-6

of this Code.

(5.1) In addition to any other penalties imposed, and

except as provided in paragraph (5.2) or (5.3), a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for at least 90 days but not

more than one year, if the violation resulted in damage to the

property of another person.

(5.2) In addition to any other penalties imposed, and

except as provided in paragraph (5.3), a person convicted of

violating subsection (c) of Section 11-907 of the Illinois

Vehicle Code shall have his or her driver's license, permit, or

privileges suspended for at least 180 days but not more than 2

years, if the violation resulted in injury to another person.

(5.3) In addition to any other penalties imposed, a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for 2 years, if the violation

resulted in the death of another person.

(5.4) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code shall have his or her driver's license, permit, or

privileges suspended for 3 months and until he or she has paid

a reinstatement fee of $100.

(5.5) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code during a period in which his or her driver's license,

permit, or privileges were suspended for a previous violation

of that Section shall have his or her driver's license, permit,

or privileges suspended for an additional 6 months after the

expiration of the original 3-month suspension and until he or

she has paid a reinstatement fee of $100.

(6) (Blank).

(7) (Blank).

(8) (Blank).

(9) A defendant convicted of a second or subsequent offense

of ritualized abuse of a child may be sentenced to a term of

natural life imprisonment.

(10) (Blank).

(11) The court shall impose a minimum fine of $1,000 for a

first offense and $2,000 for a second or subsequent offense

upon a person convicted of or placed on supervision for battery

when the individual harmed was a sports official or coach at

any level of competition and the act causing harm to the sports

official or coach occurred within an athletic facility or

within the immediate vicinity of the athletic facility at which

the sports official or coach was an active participant of the

athletic contest held at the athletic facility. For the

purposes of this paragraph (11), "sports official" means a

person at an athletic contest who enforces the rules of the

contest, such as an umpire or referee; "athletic facility"

means an indoor or outdoor playing field or recreational area

where sports activities are conducted; and "coach" means a

person recognized as a coach by the sanctioning authority that

conducted the sporting event.

(12) A person may not receive a disposition of court

supervision for a violation of Section 5-16 of the Boat

Registration and Safety Act if that person has previously

received a disposition of court supervision for a violation of

that Section.

(13) A person convicted of or placed on court supervision

for an assault or aggravated assault when the victim and the

offender are family or household members as defined in Section

103 of the Illinois Domestic Violence Act of 1986 or convicted

of domestic battery or aggravated domestic battery may be

required to attend a Partner Abuse Intervention Program under

protocols set forth by the Illinois Department of Human

Services under such terms and conditions imposed by the court.

The costs of such classes shall be paid by the offender.

(d) In any case in which a sentence originally imposed is

vacated, the case shall be remanded to the trial court. The

trial court shall hold a hearing under Section 5-4-1 of this

the Unified Code of Corrections which may include evidence of

the defendant's life, moral character and occupation during the

time since the original sentence was passed. The trial court

shall then impose sentence upon the defendant. The trial court

may impose any sentence which could have been imposed at the

original trial subject to Section 5-5-4 of this the Unified

Code of Corrections. If a sentence is vacated on appeal or on

collateral attack due to the failure of the trier of fact at

trial to determine beyond a reasonable doubt the existence of a

fact (other than a prior conviction) necessary to increase the

punishment for the offense beyond the statutory maximum

otherwise applicable, either the defendant may be re-sentenced

to a term within the range otherwise provided or, if the State

files notice of its intention to again seek the extended

sentence, the defendant shall be afforded a new trial.

(e) In cases where prosecution for aggravated criminal

sexual abuse under Section 11-1.60 or 12-16 of the Criminal

Code of 1961 or the Criminal Code of 2012 results in conviction

of a defendant who was a family member of the victim at the

time of the commission of the offense, the court shall consider

the safety and welfare of the victim and may impose a sentence

of probation only where:

(1) the court finds (A) or (B) or both are appropriate:

(A) the defendant is willing to undergo a court

approved counseling program for a minimum duration of 2

years; or

(B) the defendant is willing to participate in a

court approved plan including but not limited to the

defendant's:

(i) removal from the household;

(ii) restricted contact with the victim;

(iii) continued financial support of the

family;

(iv) restitution for harm done to the victim;

and

(v) compliance with any other measures that

the court may deem appropriate; and

(2) the court orders the defendant to pay for the

victim's counseling services, to the extent that the court

finds, after considering the defendant's income and

assets, that the defendant is financially capable of paying

for such services, if the victim was under 18 years of age

at the time the offense was committed and requires

counseling as a result of the offense.

Probation may be revoked or modified pursuant to Section

5-6-4; except where the court determines at the hearing that

the defendant violated a condition of his or her probation

restricting contact with the victim or other family members or

commits another offense with the victim or other family

members, the court shall revoke the defendant's probation and

impose a term of imprisonment.

For the purposes of this Section, "family member" and

"victim" shall have the meanings ascribed to them in Section

11-0.1 of the Criminal Code of 2012.

(f) (Blank).

(g) Whenever a defendant is convicted of an offense under

Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

11-14.3, 11-14.4 except for an offense that involves keeping a

place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012, the defendant shall undergo medical

testing to determine whether the defendant has any sexually

transmissible disease, including a test for infection with

human immunodeficiency virus (HIV) or any other identified

causative agent of acquired immunodeficiency syndrome (AIDS).

Any such medical test shall be performed only by appropriately

licensed medical practitioners and may include an analysis of

any bodily fluids as well as an examination of the defendant's

person. Except as otherwise provided by law, the results of

such test shall be kept strictly confidential by all medical

personnel involved in the testing and must be personally

delivered in a sealed envelope to the judge of the court in

which the conviction was entered for the judge's inspection in

camera. Acting in accordance with the best interests of the

victim and the public, the judge shall have the discretion to

determine to whom, if anyone, the results of the testing may be

revealed. The court shall notify the defendant of the test

results. The court shall also notify the victim if requested by

the victim, and if the victim is under the age of 15 and if

requested by the victim's parents or legal guardian, the court

shall notify the victim's parents or legal guardian of the test

results. The court shall provide information on the

availability of HIV testing and counseling at Department of

Public Health facilities to all parties to whom the results of

the testing are revealed and shall direct the State's Attorney

to provide the information to the victim when possible. A

State's Attorney may petition the court to obtain the results

of any HIV test administered under this Section, and the court

shall grant the disclosure if the State's Attorney shows it is

relevant in order to prosecute a charge of criminal

transmission of HIV under Section 12-5.01 or 12-16.2 of the

Criminal Code of 1961 or the Criminal Code of 2012 against the

defendant. The court shall order that the cost of any such test

shall be paid by the county and may be taxed as costs against

the convicted defendant.

(g-5) When an inmate is tested for an airborne communicable

disease, as determined by the Illinois Department of Public

Health including but not limited to tuberculosis, the results

of the test shall be personally delivered by the warden or his

or her designee in a sealed envelope to the judge of the court

in which the inmate must appear for the judge's inspection in

camera if requested by the judge. Acting in accordance with the

best interests of those in the courtroom, the judge shall have

the discretion to determine what if any precautions need to be

taken to prevent transmission of the disease in the courtroom.

(h) Whenever a defendant is convicted of an offense under

Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

defendant shall undergo medical testing to determine whether

the defendant has been exposed to human immunodeficiency virus

(HIV) or any other identified causative agent of acquired

immunodeficiency syndrome (AIDS). Except as otherwise provided

by law, the results of such test shall be kept strictly

confidential by all medical personnel involved in the testing

and must be personally delivered in a sealed envelope to the

judge of the court in which the conviction was entered for the

judge's inspection in camera. Acting in accordance with the

best interests of the public, the judge shall have the

discretion to determine to whom, if anyone, the results of the

testing may be revealed. The court shall notify the defendant

of a positive test showing an infection with the human

immunodeficiency virus (HIV). The court shall provide

information on the availability of HIV testing and counseling

at Department of Public Health facilities to all parties to

whom the results of the testing are revealed and shall direct

the State's Attorney to provide the information to the victim

when possible. A State's Attorney may petition the court to

obtain the results of any HIV test administered under this

Section, and the court shall grant the disclosure if the

State's Attorney shows it is relevant in order to prosecute a

charge of criminal transmission of HIV under Section 12-5.01 or

12-16.2 of the Criminal Code of 1961 or the Criminal Code of

2012 against the defendant. The court shall order that the cost

of any such test shall be paid by the county and may be taxed as

costs against the convicted defendant.

(i) All fines and penalties imposed under this Section for

any violation of Chapters 3, 4, 6, and 11 of the Illinois

Vehicle Code, or a similar provision of a local ordinance, and

any violation of the Child Passenger Protection Act, or a

similar provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under the Criminal

and Traffic Assessment Act.

(j) In cases when prosecution for any violation of Section

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

Code of 2012, any violation of the Illinois Controlled

Substances Act, any violation of the Cannabis Control Act, or

any violation of the Methamphetamine Control and Community

Protection Act results in conviction, a disposition of court

supervision, or an order of probation granted under Section 10

of the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, or Section 70 of the Methamphetamine

Control and Community Protection Act of a defendant, the court

shall determine whether the defendant is employed by a facility

or center as defined under the Child Care Act of 1969, a public

or private elementary or secondary school, or otherwise works

with children under 18 years of age on a daily basis. When a

defendant is so employed, the court shall order the Clerk of

the Court to send a copy of the judgment of conviction or order

of supervision or probation to the defendant's employer by

certified mail. If the employer of the defendant is a school,

the Clerk of the Court shall direct the mailing of a copy of

the judgment of conviction or order of supervision or probation

to the appropriate regional superintendent of schools. The

regional superintendent of schools shall notify the State Board

of Education of any notification under this subsection.

(j-5) A defendant at least 17 years of age who is convicted

of a felony and who has not been previously convicted of a

misdemeanor or felony and who is sentenced to a term of

imprisonment in the Illinois Department of Corrections shall as

a condition of his or her sentence be required by the court to

attend educational courses designed to prepare the defendant

for a high school diploma and to work toward a high school

diploma or to work toward passing high school equivalency

testing or to work toward completing a vocational training

program offered by the Department of Corrections. If a

defendant fails to complete the educational training required

by his or her sentence during the term of incarceration, the

Prisoner Review Board shall, as a condition of mandatory

supervised release, require the defendant, at his or her own

expense, to pursue a course of study toward a high school

diploma or passage of high school equivalency testing. The

Prisoner Review Board shall revoke the mandatory supervised

release of a defendant who wilfully fails to comply with this

subsection (j-5) upon his or her release from confinement in a

penal institution while serving a mandatory supervised release

term; however, the inability of the defendant after making a

good faith effort to obtain financial aid or pay for the

educational training shall not be deemed a wilful failure to

comply. The Prisoner Review Board shall recommit the defendant

whose mandatory supervised release term has been revoked under

this subsection (j-5) as provided in Section 3-3-9. This

subsection (j-5) does not apply to a defendant who has a high

school diploma or has successfully passed high school

equivalency testing. This subsection (j-5) does not apply to a

defendant who is determined by the court to be a person with a

developmental disability or otherwise mentally incapable of

completing the educational or vocational program.

(k) (Blank).

(l) (A) Except as provided in paragraph (C) of subsection

(l), whenever a defendant, who is an alien as defined by the

Immigration and Nationality Act, is convicted of any felony or

misdemeanor offense, the court after sentencing the defendant

may, upon motion of the State's Attorney, hold sentence in

abeyance and remand the defendant to the custody of the

Attorney General of the United States or his or her designated

agent to be deported when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

Otherwise, the defendant shall be sentenced as provided in

this Chapter V.

(B) If the defendant has already been sentenced for a

felony or misdemeanor offense, or has been placed on probation

under Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act, the

court may, upon motion of the State's Attorney to suspend the

sentence imposed, commit the defendant to the custody of the

Attorney General of the United States or his or her designated

agent when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

(C) This subsection (l) does not apply to offenders who are

subject to the provisions of paragraph (2) of subsection (a) of

Section 3-6-3.

(D) Upon motion of the State's Attorney, if a defendant

sentenced under this Section returns to the jurisdiction of the

United States, the defendant shall be recommitted to the

custody of the county from which he or she was sentenced.

Thereafter, the defendant shall be brought before the

sentencing court, which may impose any sentence that was

available under Section 5-5-3 at the time of initial

sentencing. In addition, the defendant shall not be eligible

for additional earned sentence credit as provided under Section

3-6-3.

(m) A person convicted of criminal defacement of property

under Section 21-1.3 of the Criminal Code of 1961 or the

Criminal Code of 2012, in which the property damage exceeds

$300 and the property damaged is a school building, shall be

ordered to perform community service that may include cleanup,

removal, or painting over the defacement.

(n) The court may sentence a person convicted of a

violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 (i) to an impact

incarceration program if the person is otherwise eligible for

that program under Section 5-8-1.1, (ii) to community service,

or (iii) if the person has a substance use disorder, as defined

in the Substance Use Disorder Act, to a treatment program

licensed under that Act.

(o) Whenever a person is convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act, the

defendant's driver's license or permit shall be subject to

renewal on an annual basis in accordance with the provisions of

license renewal established by the Secretary of State.

(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;

99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.

1-1-19; 100-987, eff. 7-1-19; revised 10-12-18.)

(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)

Sec. 5-5-6. In all convictions for offenses in violation of

the Criminal Code of 1961 or the Criminal Code of 2012 or of

Section 11-501 of the Illinois Vehicle Code in which the person

received any injury to his or her person or damage to his or

her real or personal property as a result of the criminal act

of the defendant, the court shall order restitution as provided

in this Section. In all other cases, except cases in which

restitution is required under this Section, the court must at

the sentence hearing determine whether restitution is an

appropriate sentence to be imposed on each defendant convicted

of an offense. If the court determines that an order directing

the offender to make restitution is appropriate, the offender

may be sentenced to make restitution. The court may consider

restitution an appropriate sentence to be imposed on each

defendant convicted of an offense in addition to a sentence of

imprisonment. The sentence of the defendant to a term of

imprisonment is not a mitigating factor that prevents the court

from ordering the defendant to pay restitution. If the offender

is sentenced to make restitution the Court shall determine the

restitution as hereinafter set forth:

(a) At the sentence hearing, the court shall determine

whether the property may be restored in kind to the

possession of the owner or the person entitled to

possession thereof; or whether the defendant is possessed

of sufficient skill to repair and restore property damaged;

or whether the defendant should be required to make

restitution in cash, for out-of-pocket expenses, damages,

losses, or injuries found to have been proximately caused

by the conduct of the defendant or another for whom the

defendant is legally accountable under the provisions of

Article 5 of the Criminal Code of 1961 or the Criminal Code

of 2012.

(b) In fixing the amount of restitution to be paid in

cash, the court shall allow credit for property returned in

kind, for property damages ordered to be repaired by the

defendant, and for property ordered to be restored by the

defendant; and after granting the credit, the court shall

assess the actual out-of-pocket expenses, losses, damages,

and injuries suffered by the victim named in the charge and

any other victims who may also have suffered out-of-pocket

expenses, losses, damages, and injuries proximately caused

by the same criminal conduct of the defendant, and

insurance carriers who have indemnified the named victim or

other victims for the out-of-pocket expenses, losses,

damages, or injuries, provided that in no event shall

restitution be ordered to be paid on account of pain and

suffering. When a victim's out-of-pocket expenses have

been paid pursuant to the Crime Victims Compensation Act,

the court shall order restitution be paid to the

compensation program. If a defendant is placed on

supervision for, or convicted of, domestic battery, the

defendant shall be required to pay restitution to any

domestic violence shelter in which the victim and any other

family or household members lived because of the domestic

battery. The amount of the restitution shall equal the

actual expenses of the domestic violence shelter in

providing housing and any other services for the victim and

any other family or household members living at the

shelter. If a defendant fails to pay restitution in the

manner or within the time period specified by the court,

the court may enter an order directing the sheriff to seize

any real or personal property of a defendant to the extent

necessary to satisfy the order of restitution and dispose

of the property by public sale. All proceeds from such sale

in excess of the amount of restitution plus court costs and

the costs of the sheriff in conducting the sale shall be

paid to the defendant. The defendant convicted of domestic

battery, if a person under 18 years of age was present and

witnessed the domestic battery of the victim, is liable to

pay restitution for the cost of any counseling required for

the child at the discretion of the court.

(c) In cases where more than one defendant is

accountable for the same criminal conduct that results in

out-of-pocket expenses, losses, damages, or injuries, each

defendant shall be ordered to pay restitution in the amount

of the total actual out-of-pocket expenses, losses,

damages, or injuries to the victim proximately caused by

the conduct of all of the defendants who are legally

accountable for the offense.

(1) In no event shall the victim be entitled to

recover restitution in excess of the actual

out-of-pocket expenses, losses, damages, or injuries,

proximately caused by the conduct of all of the

defendants.

(2) As between the defendants, the court may

apportion the restitution that is payable in

proportion to each co-defendant's culpability in the

commission of the offense.

(3) In the absence of a specific order apportioning

the restitution, each defendant shall bear his pro rata

share of the restitution.

(4) As between the defendants, each defendant

shall be entitled to a pro rata reduction in the total

restitution required to be paid to the victim for

amounts of restitution actually paid by co-defendants,

and defendants who shall have paid more than their pro

rata share shall be entitled to refunds to be computed

by the court as additional amounts are paid by

co-defendants.

(d) In instances where a defendant has more than one

criminal charge pending against him in a single case, or

more than one case, and the defendant stands convicted of

one or more charges, a plea agreement negotiated by the

State's Attorney and the defendants may require the

defendant to make restitution to victims of charges that

have been dismissed or which it is contemplated will be

dismissed under the terms of the plea agreement, and under

the agreement, the court may impose a sentence of

restitution on the charge or charges of which the defendant

has been convicted that would require the defendant to make

restitution to victims of other offenses as provided in the

plea agreement.

(e) The court may require the defendant to apply the

balance of the cash bond, after payment of court costs, and

any fine that may be imposed to the payment of restitution.

(f) Taking into consideration the ability of the

defendant to pay, including any real or personal property

or any other assets of the defendant, the court shall

determine whether restitution shall be paid in a single

payment or in installments, and shall fix a period of time

not in excess of 5 years, except for violations of Sections

16-1.3 and 17-56 of the Criminal Code of 1961 or the

Criminal Code of 2012, or the period of time specified in

subsection (f-1), not including periods of incarceration,

within which payment of restitution is to be paid in full.

Complete restitution shall be paid in as short a time

period as possible. However, if the court deems it

necessary and in the best interest of the victim, the court

may extend beyond 5 years the period of time within which

the payment of restitution is to be paid. If the defendant

is ordered to pay restitution and the court orders that

restitution is to be paid over a period greater than 6

months, the court shall order that the defendant make

monthly payments; the court may waive this requirement of

monthly payments only if there is a specific finding of

good cause for waiver.

(f-1)(1) In addition to any other penalty prescribed by

law and any restitution ordered under this Section that did

not include long-term physical health care costs, the court

may, upon conviction of any misdemeanor or felony, order a

defendant to pay restitution to a victim in accordance with

the provisions of this subsection (f-1) if the victim has

suffered physical injury as a result of the offense that is

reasonably probable to require or has required long-term

physical health care for more than 3 months. As used in

this subsection (f-1), "long-term physical health care"

includes mental health care.

(2) The victim's estimate of long-term physical health

care costs may be made as part of a victim impact statement

under Section 6 of the Rights of Crime Victims and

Witnesses Act or made separately. The court shall enter the

long-term physical health care restitution order at the

time of sentencing. An order of restitution made under this

subsection (f-1) shall fix a monthly amount to be paid by

the defendant for as long as long-term physical health care

of the victim is required as a result of the offense. The

order may exceed the length of any sentence imposed upon

the defendant for the criminal activity. The court shall

include as a special finding in the judgment of conviction

its determination of the monthly cost of long-term physical

health care.

(3) After a sentencing order has been entered, the

court may from time to time, on the petition of either the

defendant or the victim, or upon its own motion, enter an

order for restitution for long-term physical care or modify

the existing order for restitution for long-term physical

care as to the amount of monthly payments. Any modification

of the order shall be based only upon a substantial change

of circumstances relating to the cost of long-term physical

health care or the financial condition of either the

defendant or the victim. The petition shall be filed as

part of the original criminal docket.

(g) In addition to the sentences provided for in

Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14,

12-14.1, 12-15, and 12-16, and subdivision (a)(4) of

Section 11-14.4, of the Criminal Code of 1961 or the

Criminal Code of 2012, the court may order any person who

is convicted of violating any of those Sections or who was

charged with any of those offenses and which charge was

reduced to another charge as a result of a plea agreement

under subsection (d) of this Section to meet all or any

portion of the financial obligations of treatment,

including but not limited to medical, psychiatric, or

rehabilitative treatment or psychological counseling,

prescribed for the victim or victims of the offense.

The payments shall be made by the defendant to the

clerk of the circuit court and transmitted by the clerk to

the appropriate person or agency as directed by the court.

Except as otherwise provided in subsection (f-1), the order

may require such payments to be made for a period not to

exceed 5 years after sentencing, not including periods of

incarceration.

(h) The judge may enter an order of withholding to

collect the amount of restitution owed in accordance with

Part 8 of Article XII of the Code of Civil Procedure.

(i) A sentence of restitution may be modified or

revoked by the court if the offender commits another

offense, or the offender fails to make restitution as

ordered by the court, but no sentence to make restitution

shall be revoked unless the court shall find that the

offender has had the financial ability to make restitution,

and he has wilfully refused to do so. When the offender's

ability to pay restitution was established at the time an

order of restitution was entered or modified, or when the

offender's ability to pay was based on the offender's

willingness to make restitution as part of a plea agreement

made at the time the order of restitution was entered or

modified, there is a rebuttable presumption that the facts

and circumstances considered by the court at the hearing at

which the order of restitution was entered or modified

regarding the offender's ability or willingness to pay

restitution have not materially changed. If the court shall

find that the defendant has failed to make restitution and

that the failure is not wilful, the court may impose an

additional period of time within which to make restitution.

The length of the additional period shall not be more than

2 years. The court shall retain all of the incidents of the

original sentence, including the authority to modify or

enlarge the conditions, and to revoke or further modify the

sentence if the conditions of payment are violated during

the additional period.

(j) The procedure upon the filing of a Petition to

Revoke a sentence to make restitution shall be the same as

the procedures set forth in Section 5-6-4 of this Code

governing violation, modification, or revocation of

Probation, of Conditional Discharge, or of Supervision.

(k) Nothing contained in this Section shall preclude

the right of any party to proceed in a civil action to

recover for any damages incurred due to the criminal

misconduct of the defendant.

(l) Restitution ordered under this Section shall not be

subject to disbursement by the circuit clerk under the

Criminal and Traffic Assessment Act.

(m) A restitution order under this Section is a

judgment lien in favor of the victim that:

(1) Attaches to the property of the person subject

to the order;

(2) May be perfected in the same manner as provided

in Part 3 of Article 9 of the Uniform Commercial Code;

(3) May be enforced to satisfy any payment that is

delinquent under the restitution order by the person in

whose favor the order is issued or the person's

assignee; and

(4) Expires in the same manner as a judgment lien

created in a civil proceeding.

When a restitution order is issued under this Section,

the issuing court shall send a certified copy of the order

to the clerk of the circuit court in the county where the

charge was filed. Upon receiving the order, the clerk shall

enter and index the order in the circuit court judgment

docket.

(n) An order of restitution under this Section does not

bar a civil action for:

(1) Damages that the court did not require the

person to pay to the victim under the restitution order

but arise from an injury or property damages that is

the basis of restitution ordered by the court; and

(2) Other damages suffered by the victim.

The restitution order is not discharged by the completion

of the sentence imposed for the offense.

A restitution order under this Section is not discharged by

the liquidation of a person's estate by a receiver. A

restitution order under this Section may be enforced in the

same manner as judgment liens are enforced under Article XII of

the Code of Civil Procedure.

The provisions of Section 2-1303 of the Code of Civil

Procedure, providing for interest on judgments, apply to

judgments for restitution entered under this Section.

(Source: P.A. 100-987, eff. 7-1-19; revised 10-3-18.)

(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)

Sec. 5-7-1. Sentence of periodic imprisonment.

(a) A sentence of periodic imprisonment is a sentence of

imprisonment during which the committed person may be released

for periods of time during the day or night or for periods of

days, or both, or if convicted of a felony, other than first

degree murder, a Class X or Class 1 felony, committed to any

county, municipal, or regional correctional or detention

institution or facility in this State for such periods of time

as the court may direct. Unless the court orders otherwise, the

particular times and conditions of release shall be determined

by the Department of Corrections, the sheriff, or the

Superintendent of the house of corrections, who is

administering the program.

(b) A sentence of periodic imprisonment may be imposed to

permit the defendant to:

(1) seek employment;

(2) work;

(3) conduct a business or other self-employed

occupation including housekeeping;

(4) attend to family needs;

(5) attend an educational institution, including

vocational education;

(6) obtain medical or psychological treatment;

(7) perform work duties at a county, municipal, or

regional correctional or detention institution or

facility;

(8) continue to reside at home with or without

supervision involving the use of an approved electronic

monitoring device, subject to Article 8A of Chapter V; or

(9) for any other purpose determined by the court.

(c) Except where prohibited by other provisions of this

Code, the court may impose a sentence of periodic imprisonment

for a felony or misdemeanor on a person who is 17 years of age

or older. The court shall not impose a sentence of periodic

imprisonment if it imposes a sentence of imprisonment upon the

defendant in excess of 90 days.

(d) A sentence of periodic imprisonment shall be for a

definite term of from 3 to 4 years for a Class 1 felony, 18 to

30 months for a Class 2 felony, and up to 18 months, or the

longest sentence of imprisonment that could be imposed for the

offense, whichever is less, for all other offenses; however, no

person shall be sentenced to a term of periodic imprisonment

longer than one year if he is committed to a county

correctional institution or facility, and in conjunction with

that sentence participate in a county work release program

comparable to the work and day release program provided for in

Article 13 of Chapter III of this Code the Unified Code of

Corrections in State facilities. The term of the sentence shall

be calculated upon the basis of the duration of its term rather

than upon the basis of the actual days spent in confinement. No

sentence of periodic imprisonment shall be subject to the good

time credit provisions of Section 3-6-3 of this Code.

(e) When the court imposes a sentence of periodic

imprisonment, it shall state:

(1) the term of such sentence;

(2) the days or parts of days which the defendant is to

be confined;

(3) the conditions.

(f) The court may issue an order of protection pursuant to

the Illinois Domestic Violence Act of 1986 as a condition of a

sentence of periodic imprisonment. The Illinois Domestic

Violence Act of 1986 shall govern the issuance, enforcement and

recording of orders of protection issued under this Section. A

copy of the order of protection shall be transmitted to the

person or agency having responsibility for the case.

(f-5) An offender sentenced to a term of periodic

imprisonment for a felony sex offense as defined in the Sex

Offender Management Board Act shall be required to undergo and

successfully complete sex offender treatment by a treatment

provider approved by the Board and conducted in conformance

with the standards developed under the Sex Offender Management

Board Act.

(g) An offender sentenced to periodic imprisonment who

undergoes mandatory drug or alcohol testing, or both, or is

assigned to be placed on an approved electronic monitoring

device, shall be ordered to pay the costs incidental to such

mandatory drug or alcohol testing, or both, and costs

incidental to such approved electronic monitoring in

accordance with the defendant's ability to pay those costs. The

county board with the concurrence of the Chief Judge of the

judicial circuit in which the county is located shall establish

reasonable fees for the cost of maintenance, testing, and

incidental expenses related to the mandatory drug or alcohol

testing, or both, and all costs incidental to approved

electronic monitoring, of all offenders with a sentence of

periodic imprisonment. The concurrence of the Chief Judge shall

be in the form of an administrative order. The fees shall be

collected by the clerk of the circuit court, except as provided

in an administrative order of the Chief Judge of the circuit

court. The clerk of the circuit court shall pay all moneys

collected from these fees to the county treasurer who shall use

the moneys collected to defray the costs of drug testing,

alcohol testing, and electronic monitoring. The county

treasurer shall deposit the fees collected in the county

working cash fund under Section 6-27001 or Section 6-29002 of

the Counties Code, as the case may be.

(h) All fees and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

Code, or a similar provision of a local ordinance, and any

violation of the Child Passenger Protection Act, or a similar

provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under the Criminal

and Traffic Assessment Act.

The Chief Judge of the circuit court of the county may by

administrative order establish a program for electronic

monitoring of offenders, in which a vendor supplies and

monitors the operation of the electronic monitoring device, and

collects the fees on behalf of the county. The program shall

include provisions for indigent offenders and the collection of

unpaid fees. The program shall not unduly burden the offender

and shall be subject to review by the Chief Judge.

The Chief Judge of the circuit court may suspend any

additional charges or fees for late payment, interest, or

damage to any device.

(i) A defendant at least 17 years of age who is convicted

of a misdemeanor or felony in a county of 3,000,000 or more

inhabitants and who has not been previously convicted of a

misdemeanor or a felony and who is sentenced to a term of

periodic imprisonment may as a condition of his or her sentence

be required by the court to attend educational courses designed

to prepare the defendant for a high school diploma and to work

toward receiving a high school diploma or to work toward

passing high school equivalency testing or to work toward

completing a vocational training program approved by the court.

The defendant sentenced to periodic imprisonment must attend a

public institution of education to obtain the educational or

vocational training required by this subsection (i). The

defendant sentenced to a term of periodic imprisonment shall be

required to pay for the cost of the educational courses or high

school equivalency testing if a fee is charged for those

courses or testing. The court shall revoke the sentence of

periodic imprisonment of the defendant who wilfully fails to

comply with this subsection (i). The court shall resentence the

defendant whose sentence of periodic imprisonment has been

revoked as provided in Section 5-7-2. This subsection (i) does

not apply to a defendant who has a high school diploma or has

successfully passed high school equivalency testing. This

subsection (i) does not apply to a defendant who is determined

by the court to be a person with a developmental disability or

otherwise mentally incapable of completing the educational or

vocational program.

(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;

100-987, eff. 7-1-19; revised 10-3-18.)

Section 715. The Code of Civil Procedure is amended by

changing Section 21-103 as follows:

(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)

Sec. 21-103. Notice by publication.

(a) Previous notice shall be given of the intended

application by publishing a notice thereof in some newspaper

published in the municipality in which the person resides if

the municipality is in a county with a population under

2,000,000, or if the person does not reside in a municipality

in a county with a population under 2,000,000, or if no

newspaper is published in the municipality or if the person

resides in a county with a population of 2,000,000 or more,

then in some newspaper published in the county where the person

resides, or if no newspaper is published in that county, then

in some convenient newspaper published in this State. The

notice shall be inserted for 3 consecutive weeks after filing,

the first insertion to be at least 6 weeks before the return

day upon which the petition is to be heard, and shall be signed

by the petitioner or, in case of a minor, the minor's parent or

guardian, and shall set forth the return day of court on which

the petition is to be heard and the name sought to be assumed.

(b) The publication requirement of subsection (a) shall not

be required in any application for a change of name involving a

minor if, before making judgment under this Article, reasonable

notice and opportunity to be heard is given to any parent whose

parental rights have not been previously terminated and to any

person who has physical custody of the child. If any of these

persons are outside this State, notice and opportunity to be

heard shall be given under Section 21-104.

(b-5) Upon motion, the court may issue an order directing

that the notice and publication requirement be waived for a

change of name involving a person who files with the court a

written declaration that the person believes that publishing

notice of the name change would put the person at risk of

physical harm or discrimination. The person must provide

evidence to support the claim that publishing notice of the

name change would put the person at risk of physical harm or

discrimination.

(c) The Director of State Police or his or her designee may

apply to the circuit court for an order directing that the

notice and publication requirements of this Section be waived

if the Director or his or her designee certifies that the name

change being sought is intended to protect a witness during and

following a criminal investigation or proceeding.

(c-1) The court may enter a written order waiving the

publication requirement of subsection (a) if:

(i) the petitioner is 18 years of age or older; and

(ii) concurrent with the petition, the petitioner

files with the court a statement, verified under oath as

provided under Section 1-109 of this Code, attesting that

the petitioner is or has been a person protected under the

Illinois Domestic Violence Act of 1986, the Stalking No

Contact Order Act, the Civil No Contact Order Act, Article

112A of the Code of Criminal Procedure of 1963, a condition

of bail under subsections (b) through (d) of Section 110-10

of the Code of Criminal Procedure of 1963, or a similar

provision of a law in another state or jurisdiction.

The petitioner may attach to the statement any supporting

documents, including relevant court orders.

(c-2) If the petitioner files a statement attesting that

disclosure of the petitioner's address would put the petitioner

or any member of the petitioner's family or household at risk

or reveal the confidential address of a shelter for domestic

violence victims, that address may be omitted from all

documents filed with the court, and the petitioner may

designate an alternative address for service.

(c-3) Court administrators may allow domestic abuse

advocates, rape crisis advocates, and victim advocates to

assist petitioners in the preparation of name changes under

subsection (c-1).

(c-4) If the publication requirements of subsection (a)

have been waived, the circuit court shall enter an order

impounding the case.

(d) The maximum rate charged for publication of a notice

under this Section may not exceed the lowest classified rate

paid by commercial users for comparable space in the newspaper

in which the notice appears and shall include all cash

discounts, multiple insertion discounts, and similar benefits

extended to the newspaper's regular customers.

(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.

100-565 for the effective date of P.A. 100-520); 100-788, eff.

1-1-19; 100-966, eff. 1-1-19; revised 10-4-18.)

Section 720. The Illinois Antitrust Act is amended by

changing Section 5 as follows:

(740 ILCS 10/5) (from Ch. 38, par. 60-5)

Sec. 5. No provisions of this Act shall be construed to

make illegal:

(1) the activities of any labor organization or of

individual members thereof which are directed solely to

labor objectives which are legitimate under the laws of

either the State of Illinois or the United States;

(2) the activities of any agricultural or

horticultural cooperative organization, whether

incorporated or unincorporated, or of individual members

thereof, which are directed solely to objectives of such

cooperative organizations which are legitimate under the

laws of either the State of Illinois or the United States;

(3) the activities of any public utility, as defined in

Section 3-105 of the Public Utilities Act to the extent

that such activities are subject to a clearly articulated

and affirmatively expressed State policy to replace

competition with regulation, where the conduct to be

exempted is actively supervised by the State itself;

(4) the activities of a telecommunications carrier, as

defined in Section 13-202 of the Public Utilities Act, to

the extent those activities relate to the provision of

noncompetitive telecommunications services under the

Public Utilities Act and are subject to the jurisdiction of

the Illinois Commerce Commission or to the activities of

telephone mutual concerns referred to in Section 13-202 of

the Public Utilities Act to the extent those activities

relate to the provision and maintenance of telephone

service to owners and customers;

(5) the activities (including, but not limited to, the

making of or participating in joint underwriting or joint

reinsurance arrangement) of any insurer, insurance agent,

insurance broker, independent insurance adjuster or rating

organization to the extent that such activities are subject

to regulation by the Director of Insurance of this State

under, or are permitted or are authorized by, the Illinois

Insurance Code or any other law of this State;

(6) the religious and charitable activities of any

not-for-profit corporation, trust or organization

established exclusively for religious or charitable

purposes, or for both purposes;

(7) the activities of any not-for-profit corporation

organized to provide telephone service on a mutual or

cooperative co-operative basis or electrification on a

cooperative co-operative basis, to the extent such

activities relate to the marketing and distribution of

telephone or electrical service to owners and customers;

(8) the activities engaged in by securities dealers who

are (i) licensed by the State of Illinois or (ii) members

of the National Association of Securities Dealers or (iii)

members of any National Securities Exchange registered

with the Securities and Exchange Commission under the

Securities Exchange Act of 1934, as amended, in the course

of their business of offering, selling, buying and selling,

or otherwise trading in or underwriting securities, as

agent, broker, or principal, and activities of any National

Securities Exchange so registered, including the

establishment of commission rates and schedules of

charges;

(9) the activities of any board of trade designated as

a "contract market" by the Secretary of Agriculture of the

United States pursuant to Section 5 of the Commodity

Exchange Act, as amended;

(10) the activities of any motor carrier, rail carrier,

or common carrier by pipeline, as defined in the Common

Carrier by Pipeline Law of the Public Utilities Act, to the

extent that such activities are permitted or authorized by

the Act or are subject to regulation by the Illinois

Commerce Commission;

(11) the activities of any state or national bank to

the extent that such activities are regulated or supervised

by officers of the state or federal government under the

banking laws of this State or the United States;

(12) the activities of any state or federal savings and

loan association to the extent that such activities are

regulated or supervised by officers of the state or federal

government under the savings and loan laws of this State or

the United States;

(13) the activities of any bona fide not-for-profit

association, society or board, of attorneys, practitioners

of medicine, architects, engineers, land surveyors or real

estate brokers licensed and regulated by an agency of the

State of Illinois, in recommending schedules of suggested

fees, rates or commissions for use solely as guidelines in

determining charges for professional and technical

services;

(14) conduct involving trade or commerce (other than

import trade or import commerce) with foreign nations

unless:

(a) such conduct has a direct, substantial, and

reasonably foreseeable effect:

(i) on trade or commerce which is not trade or

commerce with foreign nations, or on import trade

or import commerce with foreign nations; or

(ii) on export trade or export commerce with

foreign nations of a person engaged in such trade

or commerce in the United States; and

(b) such effect gives rise to a claim under the

provisions of this Act, other than this subsection

(14).

If this Act applies to conduct referred to in this

subsection (14) only because of the provisions of paragraph

(a)(ii), then this Act shall apply to such conduct only for

injury to export business in the United States which

affects this State; or

(15) the activities of a unit of local government or

school district and the activities of the employees, agents

and officers of a unit of local government or school

district; or

(16) the activities of a manufacturer, manufacturer

clearinghouse, or any entity developing, implementing,

operating, participating in, or performing any other

activities related to a manufacturer e-waste program

approved pursuant to the Consumer Electronics Recycling

Act, to the extent that such activities are permitted or

authorized by this Act or are subject to regulation by the

Consumer Electronics Recycling Act and are subject to the

jurisdiction of and regulation by the Illinois Pollution

Control Board or the Illinois Environmental Protection

Agency; this paragraph does not limit, preempt, or exclude

the jurisdiction of any other commission, agency, or court

system to adjudicate personal injury or workers'

compensation claims.

(Source: P.A. 100-592, eff. 6-22-18; 100-863, eff. 8-14-18;

revised 10-4-18.)

Section 725. The Crime Victims Compensation Act is amended

by changing Section 2 as follows:

(740 ILCS 45/2) (from Ch. 70, par. 72)

Sec. 2. Definitions. As used in this Act, unless the

context otherwise requires:

(a) "Applicant" means any person who applies for

compensation under this Act or any person the Court of Claims

finds is entitled to compensation, including the guardian of a

minor or of a person under legal disability. It includes any

person who was a dependent of a deceased victim of a crime of

violence for his or her support at the time of the death of

that victim.

(b) "Court of Claims" means the Court of Claims created by

the Court of Claims Act.

(c) "Crime of violence" means and includes any offense

defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,

10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,

12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1,

12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,

12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or

Section 12-3.05 except for subdivision (a)(4) or (g)(1), or

subdivision (a)(4) of Section 11-14.4, of the Criminal Code of

1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of

the Cemetery Protection Act, Section 125 of the Stalking No

Contact Order Act, Section 219 of the Civil No Contact Order

Act, driving under the influence as defined in Section 11-501

of the Illinois Vehicle Code, a violation of Section 11-401 of

the Illinois Vehicle Code, provided the victim was a pedestrian

or was operating a vehicle moved solely by human power or a

mobility device at the time of contact, and a violation of

Section 11-204.1 of the Illinois Vehicle Code; so long as the

offense did not occur during a civil riot, insurrection or

rebellion. "Crime of violence" does not include any other

offense or accident involving a motor vehicle except those

vehicle offenses specifically provided for in this paragraph.

"Crime of violence" does include all of the offenses

specifically provided for in this paragraph that occur within

this State but are subject to federal jurisdiction and crimes

involving terrorism as defined in 18 U.S.C. 2331.

(d) "Victim" means (1) a person killed or injured in this

State as a result of a crime of violence perpetrated or

attempted against him or her, (2) the spouse or parent of a

person killed or injured in this State as a result of a crime

of violence perpetrated or attempted against the person, (3) a

person killed or injured in this State while attempting to

assist a person against whom a crime of violence is being

perpetrated or attempted, if that attempt of assistance would

be expected of a reasonable person under the circumstances, (4)

a person killed or injured in this State while assisting a law

enforcement official apprehend a person who has perpetrated a

crime of violence or prevent the perpetration of any such crime

if that assistance was in response to the express request of

the law enforcement official, (5) a person who personally

witnessed a violent crime, (5.05) a person who will be called

as a witness by the prosecution to establish a necessary nexus

between the offender and the violent crime, (5.1) solely for

the purpose of compensating for pecuniary loss incurred for

psychological treatment of a mental or emotional condition

caused or aggravated by the crime, any other person under the

age of 18 who is the brother, sister, half brother, half

sister, child, or stepchild of a person killed or injured in

this State as a result of a crime of violence, (6) an Illinois

resident who is a victim of a "crime of violence" as defined in

this Act except, if the crime occurred outside this State, the

resident has the same rights under this Act as if the crime had

occurred in this State upon a showing that the state,

territory, country, or political subdivision of a country in

which the crime occurred does not have a compensation of

victims of crimes law for which that Illinois resident is

eligible, (7) a deceased person whose body is dismembered or

whose remains are desecrated as the result of a crime of

violence, or (8) solely for the purpose of compensating for

pecuniary loss incurred for psychological treatment of a mental

or emotional condition caused or aggravated by the crime, any

parent, spouse, or child under the age of 18 of a deceased

person whose body is dismembered or whose remains are

desecrated as the result of a crime of violence.

(e) "Dependent" means a relative of a deceased victim who

was wholly or partially dependent upon the victim's income at

the time of his or her death and shall include the child of a

victim born after his or her death.

(f) "Relative" means a spouse, parent, grandparent,

stepfather, stepmother, child, grandchild, brother,

brother-in-law, sister, sister-in-law, half brother, half

sister, spouse's parent, nephew, niece, uncle or aunt.

(g) "Child" means an unmarried son or daughter who is under

18 years of age and includes a stepchild, an adopted child or a

child born out of wedlock.

(h) "Pecuniary loss" means, in the case of injury,

appropriate medical expenses and hospital expenses including

expenses of medical examinations, rehabilitation, medically

required nursing care expenses, appropriate psychiatric care

or psychiatric counseling expenses, appropriate expenses for

care or counseling by a licensed clinical psychologist,

licensed clinical social worker, licensed professional

counselor, or licensed clinical professional counselor and

expenses for treatment by Christian Science practitioners and

nursing care appropriate thereto; transportation expenses to

and from medical and counseling treatment facilities;

prosthetic appliances, eyeglasses, and hearing aids necessary

or damaged as a result of the crime; costs associated with

trafficking tattoo removal by a person authorized or licensed

to perform the specific removal procedure; replacement costs

for clothing and bedding used as evidence; costs associated

with temporary lodging or relocation necessary as a result of

the crime, including, but not limited to, the first month's

rent and security deposit of the dwelling that the claimant

relocated to and other reasonable relocation expenses incurred

as a result of the violent crime; locks or windows necessary or

damaged as a result of the crime; the purchase, lease, or

rental of equipment necessary to create usability of and

accessibility to the victim's real and personal property, or

the real and personal property which is used by the victim,

necessary as a result of the crime; the costs of appropriate

crime scene clean-up; replacement services loss, to a maximum

of $1,250 per month; dependents replacement services loss, to a

maximum of $1,250 per month; loss of tuition paid to attend

grammar school or high school when the victim had been enrolled

as a student prior to the injury, or college or graduate school

when the victim had been enrolled as a day or night student

prior to the injury when the victim becomes unable to continue

attendance at school as a result of the crime of violence

perpetrated against him or her; loss of earnings, loss of

future earnings because of disability resulting from the

injury, and, in addition, in the case of death, expenses for

funeral, burial, and travel and transport for survivors of

homicide victims to secure bodies of deceased victims and to

transport bodies for burial all of which may not exceed a

maximum of $7,500 and loss of support of the dependents of the

victim; in the case of dismemberment or desecration of a body,

expenses for funeral and burial, all of which may not exceed a

maximum of $7,500. Loss of future earnings shall be reduced by

any income from substitute work actually performed by the

victim or by income he or she would have earned in available

appropriate substitute work he or she was capable of performing

but unreasonably failed to undertake. Loss of earnings, loss of

future earnings and loss of support shall be determined on the

basis of the victim's average net monthly earnings for the 6

months immediately preceding the date of the injury or on

$1,250 per month, whichever is less or, in cases where the

absences commenced more than 3 years from the date of the

crime, on the basis of the net monthly earnings for the 6

months immediately preceding the date of the first absence, not

to exceed $1,250 per month. If a divorced or legally separated

applicant is claiming loss of support for a minor child of the

deceased, the amount of support for each child shall be based

either on the amount of support pursuant to the judgment prior

to the date of the deceased victim's injury or death, or, if

the subject of pending litigation filed by or on behalf of the

divorced or legally separated applicant prior to the injury or

death, on the result of that litigation. Real and personal

property includes, but is not limited to, vehicles, houses,

apartments, town houses, or condominiums. Pecuniary loss does

not include pain and suffering or property loss or damage.

(i) "Replacement services loss" means expenses reasonably

incurred in obtaining ordinary and necessary services in lieu

of those the injured person would have performed, not for

income, but for the benefit of himself or herself or his or her

family, if he or she had not been injured.

(j) "Dependents replacement services loss" means loss

reasonably incurred by dependents or private legal guardians of

minor dependents after a victim's death in obtaining ordinary

and necessary services in lieu of those the victim would have

performed, not for income, but for their benefit, if he or she

had not been fatally injured.

(k) "Survivor" means immediate family including a parent,

stepfather step-father, stepmother step-mother, child,

brother, sister, or spouse.

(l) "Parent" means a natural parent, adopted parent,

stepparent step-parent, or permanent legal guardian of another

person.

(m) "Trafficking tattoo" is a tattoo which is applied to a

victim in connection with the commission of a violation of

Section 10-9 of the Criminal Code of 2012.

(Source: P.A. 99-671, eff. 1-1-17; 100-690, eff. 1-1-19;

revised 10-4-18.)

Section 730. The Parental Rights for the Blind Act is

amended by changing Section 20 as follows:

(750 ILCS 85/20)

Sec. 20. Prohibitions; burden of proof.

(a) A person's blindness shall not serve as a basis for

denial or restriction of parenting time or the allocation of

parental responsibilities if the parenting time or the

allocation of parental responsibilities is determined to be

otherwise in the best interests of the child.

(b) A person's blindness shall not serve as a basis for

denial of participation in public or private adoption when the

adoption is determined to be otherwise in the best interests of

the child.

(c) A person's blindness shall not serve as a basis for

denial of foster care or guardianship when the appointment is

determined to be otherwise in the best interests of the child.

(d) The Department of Children and Family Services shall

develop and implement procedures that ensure and provide equal

access to child welfare services, programs, and activities in a

nondiscriminatory manner. Services, programs, and activities

include, but are not limited to, investigations, assessments,

provision of in-home services, out-of-home placements, case

planning and service planning, visitation, guardianship,

adoption, foster care, and reunification services. Such

services, programs, and activities may also extend to

proceedings under the Juvenile Court Act of 1987 and

proceedings to terminate parental rights. The Department of

Children and Family Services shall provide training to child

welfare investigators and caseworkers on these procedures.

(e) If the court determines that the right of a person with

blindness to the allocation of parental responsibilities,

parenting time, foster care, guardianship, or adoption should

be denied or limited in any manner, the court shall make

specific written findings stating the basis for such a

determination and why supportive parenting services cannot

prevent the denial or limitation.

(Source: P.A. 100-75, eff. 1-1-18; revised 10-4-18.)

Section 735. The Frail Elderly Individual Family

Visitation Protection Act is amended by changing Section 15 as

follows:

(750 ILCS 95/15)

Sec. 15. Notice of hospitalization, change in or residence,

or death of frail elderly individual. If the court grants the

petition of a family member for visitation in accordance with

Section 10, the court may also order the family caregiver to

use reasonable efforts to notify the petitioner of the frail

elderly individual's hospitalization, admission to a

healthcare facility, change in permanent residence, or death.

(Source: P.A. 100-850, eff. 1-1-19; revised 10-4-18.)

Section 740. The Illinois Power of Attorney Act is amended

by changing Section 4-10 as follows:

(755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)

Sec. 4-10. Statutory short form power of attorney for

health care.

(a) The form prescribed in this Section (sometimes also

referred to in this Act as the "statutory health care power")

may be used to grant an agent powers with respect to the

principal's own health care; but the statutory health care

power is not intended to be exclusive nor to cover delegation

of a parent's power to control the health care of a minor

child, and no provision of this Article shall be construed to

invalidate or bar use by the principal of any other or

different form of power of attorney for health care.

Nonstatutory health care powers must be executed by the

principal, designate the agent and the agent's powers, and

comply with the limitations in Section 4-5 of this Article, but

they need not be witnessed or conform in any other respect to

the statutory health care power.

No specific format is required for the statutory health

care power of attorney other than the notice must precede the

form. The statutory health care power may be included in or

combined with any other form of power of attorney governing

property or other matters.

(b) The Illinois Statutory Short Form Power of Attorney for

Health Care shall be substantially as follows:

NOTICE TO THE INDIVIDUAL SIGNING

THE POWER OF ATTORNEY FOR HEALTH CARE

No one can predict when a serious illness or accident might

occur. When it does, you may need someone else to speak or make

health care decisions for you. If you plan now, you can

increase the chances that the medical treatment you get will be

the treatment you want.

In Illinois, you can choose someone to be your "health care

agent". Your agent is the person you trust to make health care

decisions for you if you are unable or do not want to make them

yourself. These decisions should be based on your personal

values and wishes.

It is important to put your choice of agent in writing. The

written form is often called an "advance directive". You may

use this form or another form, as long as it meets the legal

requirements of Illinois. There are many written and on-line

resources to guide you and your loved ones in having a

conversation about these issues. You may find it helpful to

look at these resources while thinking about and discussing

your advance directive.

WHAT ARE THE THINGS I WANT MY

HEALTH CARE AGENT TO KNOW?

The selection of your agent should be considered carefully,

as your agent will have the ultimate decision-making decision

making authority once this document goes into effect, in most

instances after you are no longer able to make your own

decisions. While the goal is for your agent to make decisions

in keeping with your preferences and in the majority of

circumstances that is what happens, please know that the law

does allow your agent to make decisions to direct or refuse

health care interventions or withdraw treatment. Your agent

will need to think about conversations you have had, your

personality, and how you handled important health care issues

in the past. Therefore, it is important to talk with your agent

and your family about such things as:

(i) What is most important to you in your life?

(ii) How important is it to you to avoid pain and

suffering?

(iii) If you had to choose, is it more important to you

to live as long as possible, or to avoid prolonged

suffering or disability?

(iv) Would you rather be at home or in a hospital for

the last days or weeks of your life?

(v) Do you have religious, spiritual, or cultural

beliefs that you want your agent and others to consider?

(vi) Do you wish to make a significant contribution to

medical science after your death through organ or whole

body donation?

(vii) Do you have an existing advance advanced

directive, such as a living will, that contains your

specific wishes about health care that is only delaying

your death? If you have another advance directive, make

sure to discuss with your agent the directive and the

treatment decisions contained within that outline your

preferences. Make sure that your agent agrees to honor the

wishes expressed in your advance directive.

WHAT KIND OF DECISIONS CAN MY AGENT MAKE?

If there is ever a period of time when your physician

determines that you cannot make your own health care decisions,

or if you do not want to make your own decisions, some of the

decisions your agent could make are to:

(i) talk with physicians and other health care

providers about your condition.

(ii) see medical records and approve who else can see

them.

(iii) give permission for medical tests, medicines,

surgery, or other treatments.

(iv) choose where you receive care and which physicians

and others provide it.

(v) decide to accept, withdraw, or decline treatments

designed to keep you alive if you are near death or not

likely to recover. You may choose to include guidelines

and/or restrictions to your agent's authority.

(vi) agree or decline to donate your organs or your

whole body if you have not already made this decision

yourself. This could include donation for transplant,

research, and/or education. You should let your agent know

whether you are registered as a donor in the First Person

Consent registry maintained by the Illinois Secretary of

State or whether you have agreed to donate your whole body

for medical research and/or education.

(vii) decide what to do with your remains after you

have died, if you have not already made plans.

(viii) talk with your other loved ones to help come to

a decision (but your designated agent will have the final

say over your other loved ones).

Your agent is not automatically responsible for your health

care expenses.

WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?

You can pick a family member, but you do not have to. Your

agent will have the responsibility to make medical treatment

decisions, even if other people close to you might urge a

different decision. The selection of your agent should be done

carefully, as he or she will have ultimate decision-making

authority for your treatment decisions once you are no longer

able to voice your preferences. Choose a family member, friend,

or other person who:

(i) is at least 18 years old;

(ii) knows you well;

(iii) you trust to do what is best for you and is

willing to carry out your wishes, even if he or she may not

agree with your wishes;

(iv) would be comfortable talking with and questioning

your physicians and other health care providers;

(v) would not be too upset to carry out your wishes if

you became very sick; and

(vi) can be there for you when you need it and is

willing to accept this important role.

WHAT IF MY AGENT IS NOT AVAILABLE OR IS

UNWILLING TO MAKE DECISIONS FOR ME?

If the person who is your first choice is unable to carry

out this role, then the second agent you chose will make the

decisions; if your second agent is not available, then the

third agent you chose will make the decisions. The second and

third agents are called your successor agents and they function

as back-up agents to your first choice agent and may act only

one at a time and in the order you list them.

WHAT WILL HAPPEN IF I DO NOT

CHOOSE A HEALTH CARE AGENT?

If you become unable to make your own health care decisions

and have not named an agent in writing, your physician and

other health care providers will ask a family member, friend,

or guardian to make decisions for you. In Illinois, a law

directs which of these individuals will be consulted. In that

law, each of these individuals is called a "surrogate".

There are reasons why you may want to name an agent rather

than rely on a surrogate:

(i) The person or people listed by this law may not be

who you would want to make decisions for you.

(ii) Some family members or friends might not be able

or willing to make decisions as you would want them to.

(iii) Family members and friends may disagree with one

another about the best decisions.

(iv) Under some circumstances, a surrogate may not be

able to make the same kinds of decisions that an agent can

make.

WHAT IF THERE IS NO ONE AVAILABLE

WHOM I TRUST TO BE MY AGENT?

In this situation, it is especially important to talk to

your physician and other health care providers and create

written guidance about what you want or do not want, in case

you are ever critically ill and cannot express your own wishes.

You can complete a living will. You can also write your wishes

down and/or discuss them with your physician or other health

care provider and ask him or her to write it down in your

chart. You might also want to use written or on-line resources

to guide you through this process.

WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?

Follow these instructions after you have completed the

form:

(i) Sign the form in front of a witness. See the form

for a list of who can and cannot witness it.

(ii) Ask the witness to sign it, too.

(iii) There is no need to have the form notarized.

(iv) Give a copy to your agent and to each of your

successor agents.

(v) Give another copy to your physician.

(vi) Take a copy with you when you go to the hospital.

(vii) Show it to your family and friends and others who

care for you.

WHAT IF I CHANGE MY MIND?

You may change your mind at any time. If you do, tell

someone who is at least 18 years old that you have changed your

mind, and/or destroy your document and any copies. If you wish,

fill out a new form and make sure everyone you gave the old

form to has a copy of the new one, including, but not limited

to, your agents and your physicians.

WHAT IF I DO NOT WANT TO USE THIS FORM?

In the event you do not want to use the Illinois statutory

form provided here, any document you complete must be executed

by you, designate an agent who is over 18 years of age and not

prohibited from serving as your agent, and state the agent's

powers, but it need not be witnessed or conform in any other

respect to the statutory health care power.

If you have questions about the use of any form, you may

want to consult your physician, other health care provider,

and/or an attorney.

MY POWER OF ATTORNEY FOR HEALTH CARE

THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY

FOR HEALTH CARE. (You must sign this form and a witness must

also sign it before it is valid)

My name (Print your full name):..........

My address:..................................................

I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT

(an agent is your personal representative under state and

federal law):

(Agent name).................

(Agent address).............

(Agent phone number).........................................

(Please check box if applicable) .... If a guardian of my

person is to be appointed, I nominate the agent acting under

this power of attorney as guardian.

SUCCESSOR HEALTH CARE AGENT(S) (optional):

If the agent I selected is unable or does not want to make

health care decisions for me, then I request the person(s) I

name below to be my successor health care agent(s). Only one

person at a time can serve as my agent (add another page if you

want to add more successor agent names):

.....................

(Successor agent #1 name, address and phone number)

..........

(Successor agent #2 name, address and phone number)

MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:

(i) Deciding to accept, withdraw or decline treatment

for any physical or mental condition of mine, including

life-and-death decisions.

(ii) Agreeing to admit me to or discharge me from any

hospital, home, or other institution, including a mental

health facility.

(iii) Having complete access to my medical and mental

health records, and sharing them with others as needed,

including after I die.

(iv) Carrying out the plans I have already made, or, if

I have not done so, making decisions about my body or

remains, including organ, tissue or whole body donation,

autopsy, cremation, and burial.

The above grant of power is intended to be as broad as

possible so that my agent will have the authority to make any

decision I could make to obtain or terminate any type of health

care, including withdrawal of nutrition and hydration and other

life-sustaining measures.

I AUTHORIZE MY AGENT TO (please check any one box):

.... Make decisions for me only when I cannot make them for

myself. The physician(s) taking care of me will determine

when I lack this ability.

(If no box is checked, then the box above shall be

implemented.) OR

.... Make decisions for me only when I cannot make them for

myself. The physician(s) taking care of me will determine

when I lack this ability. Starting now, for the purpose of

assisting me with my health care plans and decisions, my

agent shall have complete access to my medical and mental

health records, the authority to share them with others as

needed, and the complete ability to communicate with my

personal physician(s) and other health care providers,

including the ability to require an opinion of my physician

as to whether I lack the ability to make decisions for

myself. OR

.... Make decisions for me starting now and continuing

after I am no longer able to make them for myself. While I

am still able to make my own decisions, I can still do so

if I want to.

The subject of life-sustaining treatment is of particular

importance. Life-sustaining treatments may include tube

feedings or fluids through a tube, breathing machines, and CPR.

In general, in making decisions concerning life-sustaining

treatment, your agent is instructed to consider the relief of

suffering, the quality as well as the possible extension of

your life, and your previously expressed wishes. Your agent

will weigh the burdens versus benefits of proposed treatments

in making decisions on your behalf.

Additional statements concerning the withholding or

removal of life-sustaining treatment are described below.

These can serve as a guide for your agent when making decisions

for you. Ask your physician or health care provider if you have

any questions about these statements.

SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES

(optional):

.... The quality of my life is more important than the

length of my life. If I am unconscious and my attending

physician believes, in accordance with reasonable medical

standards, that I will not wake up or recover my ability to

think, communicate with my family and friends, and

experience my surroundings, I do not want treatments to

prolong my life or delay my death, but I do want treatment

or care to make me comfortable and to relieve me of pain.

.... Staying alive is more important to me, no matter how

sick I am, how much I am suffering, the cost of the

procedures, or how unlikely my chances for recovery are. I

want my life to be prolonged to the greatest extent

possible in accordance with reasonable medical standards.

SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:

The above grant of power is intended to be as broad as

possible so that your agent will have the authority to make any

decision you could make to obtain or terminate any type of

health care. If you wish to limit the scope of your agent's

powers or prescribe special rules or limit the power to

authorize autopsy or dispose of remains, you may do so

specifically in this form.

..................................

..............................

My signature:..................

Today's date:................................................

HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN

COMPLETE THE SIGNATURE PORTION:

I am at least 18 years old. (check one of the options

below):

.... I saw the principal sign this document, or

.... the principal told me that the signature or mark on

the principal signature line is his or hers.

I am not the agent or successor agent(s) named in this

document. I am not related to the principal, the agent, or the

successor agent(s) by blood, marriage, or adoption. I am not

the principal's physician, advanced practice registered nurse,

dentist, podiatric physician, optometrist, psychologist, or a

relative of one of those individuals. I am not an owner or

operator (or the relative of an owner or operator) of the

health care facility where the principal is a patient or

resident.

Witness printed name:............

Witness address:..............

Witness signature:...............

Today's date:................................................

(c) The statutory short form power of attorney for health

care (the "statutory health care power") authorizes the agent

to make any and all health care decisions on behalf of the

principal which the principal could make if present and under

no disability, subject to any limitations on the granted powers

that appear on the face of the form, to be exercised in such

manner as the agent deems consistent with the intent and

desires of the principal. The agent will be under no duty to

exercise granted powers or to assume control of or

responsibility for the principal's health care; but when

granted powers are exercised, the agent will be required to use

due care to act for the benefit of the principal in accordance

with the terms of the statutory health care power and will be

liable for negligent exercise. The agent may act in person or

through others reasonably employed by the agent for that

purpose but may not delegate authority to make health care

decisions. The agent may sign and deliver all instruments,

negotiate and enter into all agreements and do all other acts

reasonably necessary to implement the exercise of the powers

granted to the agent. Without limiting the generality of the

foregoing, the statutory health care power shall include the

following powers, subject to any limitations appearing on the

face of the form:

(1) The agent is authorized to give consent to and

authorize or refuse, or to withhold or withdraw consent to,

any and all types of medical care, treatment or procedures

relating to the physical or mental health of the principal,

including any medication program, surgical procedures,

life-sustaining treatment or provision of food and fluids

for the principal.

(2) The agent is authorized to admit the principal to

or discharge the principal from any and all types of

hospitals, institutions, homes, residential or nursing

facilities, treatment centers and other health care

institutions providing personal care or treatment for any

type of physical or mental condition. The agent shall have

the same right to visit the principal in the hospital or

other institution as is granted to a spouse or adult child

of the principal, any rule of the institution to the

contrary notwithstanding.

(3) The agent is authorized to contract for any and all

types of health care services and facilities in the name of

and on behalf of the principal and to bind the principal to

pay for all such services and facilities, and to have and

exercise those powers over the principal's property as are

authorized under the statutory property power, to the

extent the agent deems necessary to pay health care costs;

and the agent shall not be personally liable for any

services or care contracted for on behalf of the principal.

(4) At the principal's expense and subject to

reasonable rules of the health care provider to prevent

disruption of the principal's health care, the agent shall

have the same right the principal has to examine and copy

and consent to disclosure of all the principal's medical

records that the agent deems relevant to the exercise of

the agent's powers, whether the records relate to mental

health or any other medical condition and whether they are

in the possession of or maintained by any physician,

psychiatrist, psychologist, therapist, hospital, nursing

home or other health care provider. The authority under

this paragraph (4) applies to any information governed by

the Health Insurance Portability and Accountability Act of

1996 ("HIPAA") and regulations thereunder. The agent

serves as the principal's personal representative, as that

term is defined under HIPAA and regulations thereunder.

(5) The agent is authorized: to direct that an autopsy

be made pursuant to Section 2 of the Autopsy Act "An Act in

relation to autopsy of dead bodies", approved August 13,

1965, including all amendments; to make a disposition of

any part or all of the principal's body pursuant to the

Illinois Anatomical Gift Act, as now or hereafter amended;

and to direct the disposition of the principal's remains.

(6) At any time during which there is no executor or

administrator appointed for the principal's estate, the

agent is authorized to continue to pursue an application or

appeal for government benefits if those benefits were

applied for during the life of the principal.

(d) A physician may determine that the principal is unable

to make health care decisions for himself or herself only if

the principal lacks decisional capacity, as that term is

defined in Section 10 of the Health Care Surrogate Act.

(e) If the principal names the agent as a guardian on the

statutory short form, and if a court decides that the

appointment of a guardian will serve the principal's best

interests and welfare, the court shall appoint the agent to

serve without bond or security.

(Source: P.A. 99-328, eff. 1-1-16; 100-513, eff. 1-1-18;

revised 10-4-18.)

Section 745. The Trusts and Trustees Act is amended by

changing Section 6.5 as follows:

(760 ILCS 5/6.5)

Sec. 6.5. Transfer of property to trust. (a) The transfer

of real property to a trust requires a transfer of legal title

to the trustee evidenced by a written instrument of conveyance.

(b) (Blank).

(Source: P.A. 99-743, eff. 1-1-17; 100-786, eff. 1-1-19;

revised 10-4-18.)

Section 750. The Condominium Property Act is amended by

changing Section 30 as follows:

(765 ILCS 605/30) (from Ch. 30, par. 330)

Sec. 30. Conversion condominiums; notice; recording.

(a)(1) No real estate may be submitted to the provisions of

the Act as a conversion condominium unless (i) a notice of

intent to submit the real estate to this Act (notice of intent)

has been given to all persons who were tenants of the building

located on the real estate on the date the notice is given.

Such notice shall be given at least 30 days, and not more than

one 1 year prior to the recording of the declaration which

submits the real estate to this Act; and (ii) the developer

executes and acknowledges a certificate which shall be attached

to and made a part of the declaration and which provides that

the developer, prior to the execution by him or his agent of

any agreement for the sale of a unit, has given a copy of the

notice of intent to all persons who were tenants of the

building located on the real estate on the date the notice of

intent was given.

(2) If the owner fails to provide a tenant with notice

of the intent to convert as defined in this Section, the

tenant permanently vacates the premises as a direct result

of non-renewal of his or her lease by the owner, and the

tenant's unit is converted to a condominium by the filing

of a declaration submitting a property to this Act without

having provided the required notice, then the owner is

liable to the tenant for the following:

(A) the tenant's actual moving expenses incurred

when moving from the subject property, not to exceed

$1,500;

(B) 3 months' three month's rent at the subject

property; and

(C) reasonable attorney's fees and court costs.

(b) Any developer of a conversion condominium must, upon

issuing the notice of intent, publish and deliver along with

such notice of intent, a schedule of selling prices for all

units subject to the condominium instruments and offer to sell

such unit to the current tenants, except for units to be

vacated for rehabilitation subsequent to such notice of intent.

Such offer shall not expire earlier than 30 days after receipt

of the offer by the current tenant, unless the tenant notifies

the developer in writing of his election not to purchase the

condominium unit.

(c) Any tenant who was a tenant as of the date of the

notice of intent and whose tenancy expires (other than for

cause) prior to the expiration of 120 days from the date on

which a copy of the notice of intent was given to the tenant

shall have the right to extend his tenancy on the same terms

and conditions and for the same rental until the expiration of

such 120-day 120 day period by the giving of written notice

thereof to the developer within 30 days of the date upon which

a copy of the notice of intent was given to the tenant by the

developer.

(d) Each lessee in a conversion condominium shall be

informed by the developer at the time the notice of intent is

given whether his tenancy will be renewed or terminated upon

its expiration. If the tenancy is to be renewed, the tenant

shall be informed of all charges, rental or otherwise, in

connection with the new tenancy and the length of the term of

occupancy proposed in conjunction therewith.

(e) For a period of 120 days following his receipt of the

notice of intent, any tenant who was a tenant on the date the

notice of intent was given shall be given the right to purchase

his unit on substantially the same terms and conditions as set

forth in a duly executed contract to purchase the unit, which

contract shall conspicuously disclose the existence of, and

shall be subject to, the right of first refusal. The tenant may

exercise the right of first refusal by giving notice thereof to

the developer prior to the expiration of 30 days from the

giving of notice by the developer to the tenant of the

execution of the contract to purchase the unit. The tenant may

exercise such right of first refusal within 30 days from the

giving of notice by the developer of the execution of a

contract to purchase the unit, notwithstanding the expiration

of the 120-day 120 day period following the tenant's receipt of

the notice of intent, if such contract was executed prior to

the expiration of the 120-day 120 day period. The recording of

the deed conveying the unit to the purchaser which contains a

statement to the effect that the tenant of the unit either

waived or failed to exercise the right of first refusal or

option or had no right of first refusal or option with respect

to the unit shall extinguish any legal or equitable right or

interest to the possession or acquisition of the unit which the

tenant may have or claim with respect to the unit arising out

of the right of first refusal or option provided for in this

Section. The foregoing provision shall not affect any claim

which the tenant may have against the landlord for damages

arising out of the right of first refusal provided for in this

Section.

(f) During the 30-day 30 day period after the giving of

notice of an executed contract in which the tenant may exercise

the right of first refusal, the developer shall grant to such

tenant access to any portion of the building to inspect any of

its features or systems and access to any reports, warranties,

or other documents in the possession of the developer which

reasonably pertain to the condition of the building. Such

access shall be subject to reasonable limitations, including as

to hours. The refusal of the developer to grant such access is

a business offense punishable by a fine of $500. Each refusal

to an individual lessee who is a potential purchaser is a

separate violation.

(g) Any notice provided for in this Section shall be deemed

given when a written notice is delivered in person or mailed,

certified or registered mail, return receipt requested to the

party who is being given the notice.

(h) Prior to their initial sale, units offered for sale in

a conversion condominium and occupied by a tenant at the time

of the offer shall be shown to prospective purchasers only a

reasonable number of times and at appropriate hours. Units may

only be shown to prospective purchasers during the last 90 days

of any expiring tenancy.

(i) Any provision in any lease or other rental agreement,

or any termination of occupancy on account of condominium

conversion, not authorized herein, or contrary to or waiving

the foregoing provisions, shall be deemed to be void as against

public policy.

(j) A tenant is entitled to injunctive relief to enforce

the provisions of subsections (a) and (c) of this Section.

(k) A non-profit housing organization, suing on behalf of

an aggrieved tenant under this Section, may also recover

compensation for reasonable attorney's fees and court costs

necessary for filing such action.

(l) Nothing in this Section shall affect any provision in

any lease or rental agreement in effect before this Act becomes

law.

(m) Nothing in this amendatory Act of 1978 shall be

construed to imply that there was previously a requirement to

record the notice provided for in this Section.

(Source: P.A. 95-221, eff. 1-1-08; 95-876, eff. 8-21-08;

revised 10-4-18.)

Section 755. The Revised Uniform Unclaimed Property Act is

amended by changing Section 15-1002.1 as follows:

(765 ILCS 1026/15-1002.1)

Sec. 15-1002.1. Examination of State-regulated financial

organizations.

(a) Notwithstanding Section 15-1002 of this Act, for any

financial organization for which the Department of Financial

and Professional Regulation is the primary prudential

regulator, the administrator shall not examine such financial

institution unless the administrator has consulted with the

Secretary of Financial and Professional Regulation and the

Department of Financial and Professional Regulation has not

examined such financial organization for compliance with this

Act within the past 5 years. The Secretary of Financial and

Professional Regulation may waive in writing the provisions of

this subsection (a) in order to permit the administrator to

examine a financial organization or group of financial

organizations for compliance with this Act.

(b) Nothing in this Section shall be construed to prohibit

the administrator from examining a financial organization for

which the Department of Financial and Professional Regulation

is not the primary prudential regulator. Further, nothing in is

this Act shall be construed to limit the authority of the

Department of Financial and Professional Regulation to examine

financial organizations.

(Source: P.A. 100-22, eff. 1-1-18; 100-566, eff. 1-1-18;

revised 10-4-18.)

Section 760. The Illinois Human Rights Act is amended by

changing Sections 1-103 and 8-102 as follows:

(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)

Sec. 1-103. General definitions. When used in this Act,

unless the context requires otherwise, the term:

(A) Age. "Age" means the chronological age of a person who

is at least 40 years old, except with regard to any practice

described in Section 2-102, insofar as that practice concerns

training or apprenticeship programs. In the case of training or

apprenticeship programs, for the purposes of Section 2-102,

"age" means the chronological age of a person who is 18 but not

yet 40 years old.

(B) Aggrieved party. "Aggrieved party" means a person who

is alleged or proved to have been injured by a civil rights

violation or believes he or she will be injured by a civil

rights violation under Article 3 that is about to occur.

(C) Charge. "Charge" means an allegation filed with the

Department by an aggrieved party or initiated by the Department

under its authority.

(D) Civil rights violation. "Civil rights violation"

includes and shall be limited to only those specific acts set

forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,

3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,

6-101, and 6-102 of this Act.

(E) Commission. "Commission" means the Human Rights

Commission created by this Act.

(F) Complaint. "Complaint" means the formal pleading filed

by the Department with the Commission following an

investigation and finding of substantial evidence of a civil

rights violation.

(G) Complainant. "Complainant" means a person including

the Department who files a charge of civil rights violation

with the Department or the Commission.

(H) Department. "Department" means the Department of Human

Rights created by this Act.

(I) Disability. "Disability" means a determinable physical

or mental characteristic of a person, including, but not

limited to, a determinable physical characteristic which

necessitates the person's use of a guide, hearing or support

dog, the history of such characteristic, or the perception of

such characteristic by the person complained against, which may

result from disease, injury, congenital condition of birth or

functional disorder and which characteristic:

(1) For purposes of Article 2, is unrelated to the

person's ability to perform the duties of a particular job

or position and, pursuant to Section 2-104 of this Act, a

person's illegal use of drugs or alcohol is not a

disability;

(2) For purposes of Article 3, is unrelated to the

person's ability to acquire, rent, or maintain a housing

accommodation;

(3) For purposes of Article 4, is unrelated to a

person's ability to repay;

(4) For purposes of Article 5, is unrelated to a

person's ability to utilize and benefit from a place of

public accommodation;

(5) For purposes of Article 5, also includes any

mental, psychological, or developmental disability,

including autism spectrum disorders.

(J) Marital status. "Marital status" means the legal status

of being married, single, separated, divorced, or widowed.

(J-1) Military status. "Military status" means a person's

status on active duty in or status as a veteran of the armed

forces of the United States, status as a current member or

veteran of any reserve component of the armed forces of the

United States, including the United States Army Reserve, United

States Marine Corps Reserve, United States Navy Reserve, United

States Air Force Reserve, and United States Coast Guard

Reserve, or status as a current member or veteran of the

Illinois Army National Guard or Illinois Air National Guard.

(K) National origin. "National origin" means the place in

which a person or one of his or her ancestors was born.

(K-5) "Order of protection status" means a person's status

as being a person protected under an order of protection issued

pursuant to the Illinois Domestic Violence Act of 1986, Article

112A of the Code of Criminal Procedure of 1963, the Stalking No

Contact Order Act, or the Civil No Contact Order Act, or an

order of protection issued by a court of another state.

(L) Person. "Person" includes one or more individuals,

partnerships, associations or organizations, labor

organizations, labor unions, joint apprenticeship committees,

or union labor associations, corporations, the State of

Illinois and its instrumentalities, political subdivisions,

units of local government, legal representatives, trustees in

bankruptcy or receivers.

(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,

or medical or common conditions related to pregnancy or

childbirth.

(M) Public contract. "Public contract" includes every

contract to which the State, any of its political subdivisions,

or any municipal corporation is a party.

(N) Religion. "Religion" includes all aspects of religious

observance and practice, as well as belief, except that with

respect to employers, for the purposes of Article 2, "religion"

has the meaning ascribed to it in paragraph (F) of Section

2-101.

(O) Sex. "Sex" means the status of being male or female.

(O-1) Sexual orientation. "Sexual orientation" means

actual or perceived heterosexuality, homosexuality,

bisexuality, or gender-related identity, whether or not

traditionally associated with the person's designated sex at

birth. "Sexual orientation" does not include a physical or

sexual attraction to a minor by an adult.

(P) Unfavorable military discharge. "Unfavorable military

discharge" includes discharges from the Armed Forces of the

United States, their Reserve components, or any National Guard

or Naval Militia which are classified as RE-3 or the equivalent

thereof, but does not include those characterized as RE-4 or

"Dishonorable".

(Q) Unlawful discrimination. "Unlawful discrimination"

means discrimination against a person because of his or her

race, color, religion, national origin, ancestry, age, sex,

marital status, order of protection status, disability,

military status, sexual orientation, pregnancy, or unfavorable

discharge from military service as those terms are defined in

this Section.

(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)

(775 ILCS 5/8-102) (from Ch. 68, par. 8-102)

Sec. 8-102. Powers and duties. In addition to the other

powers and duties prescribed in this Act, the Commission shall

have the following powers and duties:

(A) Meetings. To meet and function at any place within

the State.

(B) Offices. To establish and maintain offices in

Springfield and Chicago.

(C) Employees. To select and fix the compensation of

such technical advisors and employees as it may deem

necessary pursuant to the provisions of the "The Personnel

Code".

(D) Hearing Officers. To select and fix the

compensation of hearing officers who shall be attorneys

duly licensed to practice law in this State and full-time

full time employees of the Commission.

A formal and unbiased training program for hearing

officers shall be implemented. The training program shall

include the following:

(1) substantive and procedural aspects of the

hearing officer position;

(2) current issues in human rights law and

practice;

(3) lectures by specialists in substantive areas

related to human rights matters;

(4) orientation to each operational unit of the

Department and Commission;

(5) observation of experienced hearing officers

conducting hearings of cases, combined with the

opportunity to discuss evidence presented and rulings

made;

(6) the use of hypothetical cases requiring the

hearing officer to issue judgments as a means to

evaluating knowledge and writing ability;

(7) writing skills;

(8) computer skills, including, but not limited

to, word processing and document management.

A formal, unbiased and ongoing professional

development program including, but not limited to, the

above-noted areas shall be implemented to keep hearing

officers informed of recent developments and issues and to

assist them in maintaining and enhancing their

professional competence.

(E) Rules and Regulations. To adopt, promulgate,

amend, and rescind rules and regulations not inconsistent

with the provisions of this Act pursuant to the Illinois

Administrative Procedure Act.

(F) Compulsory Process. To issue and authorize

requests for enforcement of subpoenas and other compulsory

process established by this Act.

(G) Decisions. Through a panel of 3 three members

designated by the Chairperson on a random basis, to hear

and decide by majority vote complaints filed in conformity

with this Act and to approve proposed settlements.

Decisions by commissioners must be based strictly on

neutral interpretations of the law and the facts.

(H) Rehearings. To order, by a vote of 3 members,

rehearing of its decisions by the entire Commission in

conformity with this Act.

(I) Judicial Enforcement. To authorize requests for

judicial enforcement of its orders in conformity with this

Act.

(J) Opinions. To publish each decision within 180 days

of the decision to assure a consistent source of precedent.

Published decisions shall be subject to the Personal

Information Protection Act.

(K) Public Grants; Private Gifts. To accept public

grants and private gifts as may be authorized.

(L) Interpreters. To appoint at the expense of the

Commission a qualified sign language interpreter whenever

a hearing impaired person is a party or witness at a public

hearing.

(M) Automated Processing Plan. To prepare an

electronic data processing and telecommunications plan

jointly with the Department in accordance with Section

7-112.

(N) The provisions of Public Act 89-370 this amendatory Act

of 1995 amending subsection (G) of this Section apply to causes

of action filed on or after January 1, 1996.

(Source: P.A. 100-1066, eff. 8-24-18; revised 10-4-18.)

Section 765. The Limited Liability Company Act is amended

by changing Sections 50-10 and 50-50 as follows:

(805 ILCS 180/50-10)

Sec. 50-10. Fees.

(a) The Secretary of State shall charge and collect in

accordance with the provisions of this Act and rules

promulgated under its authority all of the following:

(1) Fees for filing documents.

(2) Miscellaneous charges.

(3) Fees for the sale of lists of filings and for

copies of any documents.

(b) The Secretary of State shall charge and collect for all

of the following:

(1) Filing articles of organization (domestic),

application for admission (foreign), and restated articles

of organization (domestic), $150. Notwithstanding the

foregoing, the fee for filing articles of organization

(domestic), application for admission (foreign), and

restated articles of organization (domestic) in connection

with a limited liability company with a series or the

ability to establish a series pursuant to Section 37-40 of

this Act is $400.

(2) Filing amendments (domestic or foreign), $50.

(3) Filing a statement of termination or application

for withdrawal, $5.

(4) Filing an application to reserve a name, $25.

(5) Filing a notice of cancellation of a reserved name,

$5.

(6) Filing a notice of a transfer of a reserved name,

$25.

(7) Registration of a name, $50.

(8) Renewal of registration of a name, $50.

(9) Filing an application for use of an assumed name

under Section 1-20 of this Act, $150 for each year or part

thereof ending in 0 or 5, $120 for each year or part

thereof ending in 1 or 6, $90 for each year or part thereof

ending in 2 or 7, $60 for each year or part thereof ending

in 3 or 8, $30 for each year or part thereof ending in 4 or

9, and a renewal for each assumed name, $150.

(9.5) Filing an application for change of an assumed

name, $25.

(10) Filing an application for cancellation of an

assumed name, $5.

(11) Filing an annual report of a limited liability

company or foreign limited liability company, $75, if filed

as required by this Act, plus a penalty if delinquent.

Notwithstanding the foregoing, the fee for filing an annual

report of a limited liability company or foreign limited

liability company is $75 plus $50 for each series for which

a certificate of designation has been filed pursuant to

Section 37-40 of this Act and is in effect on the last day

of the third month preceding the company's anniversary

month, plus a penalty if delinquent.

(12) Filing an application for reinstatement of a

limited liability company or foreign limited liability

company, $200.

(13) Filing articles of merger, $100 plus $50 for each

party to the merger in excess of the first 2 parties.

(14) (Blank).

(15) Filing a statement of change of address of

registered office or change of registered agent, or both,

or filing a statement of correction, $25.

(16) Filing a petition for refund, $5.

(17) Filing a certificate of designation of a limited

liability company with a series pursuant to Section 37-40

of this Act, $50.

(18) Filing articles of domestication, $100.

(19) Filing, amending, or cancelling a statement of

authority, $50.

(20) Filing, amending, or cancelling a statement of

denial, $10.

(21) Filing any other document, $5.

(c) The Secretary of State shall charge and collect all of

the following:

(1) For furnishing a copy or certified copy of any

document, instrument, or paper relating to a limited

liability company or foreign limited liability company, or

for a certificate, $25.

(2) For the transfer of information by computer process

media to any purchaser, fees established by rule.

(Source: P.A. 99-637, eff. 7-1-17; 100-561, eff. 7-1-18;

100-571, eff. 12-20-17; revised 9-13-18.)

(805 ILCS 180/50-50)

Sec. 50-50. Department of Business Services Special

Operations Fund.

(a) A special fund in the State treasury is created and

shall be known as the Department of Business Services Special

Operations Fund. Moneys deposited into the Fund shall, subject

to appropriation, be used by the Department of Business

Services of the Office of the Secretary of State, hereinafter

"Department", to create and maintain the capability to perform

expedited services in response to special requests made by the

public for same-day or 24-hour service. Moneys deposited into

the Fund shall be used for, but not limited to, expenditures

for personal services, retirement, Social Security,

contractual services, equipment, electronic data processing,

and telecommunications.

(b) The balance in the Fund at the end of any fiscal year

shall not exceed $600,000, and any amount in excess thereof

shall be transferred to the General Revenue Fund.

(c) All fees payable to the Secretary of State under this

Section shall be deposited into the Fund. No other fees or

charges collected under this Act shall be deposited into the

Fund.

(d) "Expedited services" means services rendered within

the same day, or within 24 hours from the time, the request

therefor is submitted by the filer, law firm, service company,

or messenger physically in person or, at the Secretary of

State's discretion, by electronic means, to the Department's

Springfield Office and includes requests for certified copies,

photocopies, and certificates of good standing made to the

Department's Springfield Office in person or by telephone, or

requests for certificates of good standing made in person or by

telephone to the Department's Chicago Office. A request

submitted by electronic means may not be considered a request

for expedited services solely because of its submission by

electronic means, unless expedited service is requested by the

filer.

(e) Fees for expedited services shall be as follows:

Restated articles of organization, $200;

Merger, $200;

Articles of organization, $100;

Articles of amendment, $100;

Reinstatement, $100;

Application for admission to transact business, $100;

Certificate of good standing or abstract of computer

record, $20;

All other filings, copies of documents, annual

reports, and copies of documents of dissolved or revoked

limited liability companies, $50.

(Source: P.A. 100-186, eff. 7-1-18; 100-561, eff. 7-1-18;

revised 9-13-18.)

Section 770. The Uniform Limited Partnership Act (2001) is

amended by changing Section 1308 as follows:

(805 ILCS 215/1308)

Sec. 1308. Department of Business Services Special

Operations Fund.

(a) A special fund in the State Treasury is created and

shall be known as the Department of Business Services Special

Operations Fund. Moneys deposited into the Fund shall, subject

to appropriation, be used by the Department of Business

Services of the Office of the Secretary of State, hereinafter

"Department", to create and maintain the capability to perform

expedited services in response to special requests made by the

public for same day or 24 hour service. Moneys deposited into

the Fund shall be used for, but not limited to, expenditures

for personal services, retirement, Social Security,

contractual services, equipment, electronic data processing,

and telecommunications.

(b) The balance in the Fund at the end of any fiscal year

shall not exceed $600,000 and any amount in excess thereof

shall be transferred to the General Revenue Fund.

(c) All fees payable to the Secretary of State under this

Section shall be deposited into the Fund. No other fees or

charges collected under this Act shall be deposited into the

Fund.

(d) "Expedited services" means services rendered within

the same day, or within 24 hours from the time the request

therefor is submitted by the filer, law firm, service company,

or messenger physically in person or, at the Secretary of

State's discretion, by electronic means, to the Department's

Springfield Office or Chicago Office and includes requests for

certified copies, photocopies, and certificates of existence

or abstracts of computer record made to the Department's

Springfield Office in person or by telephone, or requests for

certificates of existence or abstracts of computer record made

in person or by telephone to the Department's Chicago Office. A

request submitted by electronic means may not be considered a

request for expedited services solely because of its submission

by electronic means, unless expedited service is requested by

the filer.

(e) Fees for expedited services shall be as follows:

Merger, $200;

Certificate of limited partnership, $100;

Certificate of amendment, $100;

Reinstatement, $100;

Application for admission to transact business, $100;

Certificate of existence or abstract of computer

record, $20;

All other filings, copies of documents, annual renewal

reports, and copies of documents of canceled limited

partnerships, $50.

(Source: P.A. 100-186, eff. 7-1-18; 100-561, eff. 7-1-18;

revised 9-13-18.)

Section 775. The Consumer Fraud and Deceptive Business

Practices Act is amended by changing Section 2VVV as follows:

(815 ILCS 505/2VVV)

Sec. 2VVV. Deceptive marketing, advertising, and sale of

mental health disorder and substance use disorder treatment.

(a) As used in this Section:

"Facility" has the meaning ascribed to that term in Section

1-10 of the Substance Use Disorder Alcoholism and Other Drug

Abuse and Dependency Act.

"Hospital affiliate" has the meaning ascribed to that term

in Section 10.8 of the Hospital Licensing Act.

"Mental health disorder" has the same meaning as "mental

illness" under Section 1-129 of the Mental Health and

Developmental Disabilities Code.

"Program" has the meaning ascribed to that term in Section

1-10 of the Alcoholism and Other Drug Abuse and Dependency Act.

"Substance use disorder" has the same meaning as "substance

abuse" under Section 1-10 of the Substance Use Disorder

Alcoholism and Other Drug Abuse and Dependency Act.

"Treatment" has the meaning ascribed to that term in

Section 1-10 of the Substance Use Disorder Alcoholism and Other

Drug Abuse and Dependency Act.

(b) It is an unlawful practice for any person to engage in

misleading or false advertising or promotion that

misrepresents the need to seek mental health disorder or

substance use disorder treatment outside of the State of

Illinois.

(c) Any marketing, advertising, promotional, or sales

materials directed to Illinois residents concerning mental

health disorder or substance use disorder treatment must:

(1) prominently display or announce the full physical

address of the treatment program or facility;

(2) display whether the treatment program or facility

is licensed in the State of Illinois;

(3) display whether the treatment program or facility

has locations in Illinois;

(4) display whether the services provided by the

treatment program or facility are covered by an insurance

policy issued to an Illinois resident;

(5) display whether the treatment program or facility

is an in-network or out-of-network provider;

(6) include a link to the Internet website for the

Department of Human Services' Division of Mental Health and

Division of Substance Use Prevention and Recovery

Alcoholism and Substance Abuse, or any successor State

agency that provides information regarding licensed

providers of services; and

(7) disclose that mental health disorder and substance

use disorder treatment may be available at a reduced cost

or for free for Illinois residents within the State of

Illinois.

(d) It is an unlawful practice for any person to enter into

an arrangement under which a patient seeking mental health

disorder or substance use disorder treatment is referred to a

mental health disorder or substance use disorder treatment

program or facility in exchange for a fee, a percentage of the

treatment program's or facility's revenues that are related to

the patient, or any other remuneration that takes into account

the volume or value of the referrals to the treatment program

or facility. Such practice shall also be considered a violation

of the prohibition against fee splitting in Section 22.2 of the

Medical Practice Act of 1987 and a violation of the Health Care

Worker Self-Referral Act. This Section does not apply to health

insurance companies, health maintenance organizations, managed

care plans, or organizations, including hospitals and hospital

affiliates licensed in Illinois.

(Source: P.A. 100-1058, eff. 1-1-19; revised 10-9-18.)

Section 780. The Beer Industry Fair Dealing Act is amended

by changing Section 3 as follows:

(815 ILCS 720/3) (from Ch. 43, par. 303)

Sec. 3. Termination and notice of cancellation.

(1) Except as provided in subsection (3) of this Section,

no brewer or beer wholesaler may cancel, fail to renew, or

otherwise terminate an agreement unless the brewer or

wholesaler furnishes prior notification to the affected party

in accordance with subsection (2).

(2) The notification required under subsection (1) shall be

in writing and sent to the affected party by certified mail not

less than 90 days before the date on which the agreement will

be cancelled, not renewed, or otherwise terminated. The

notification shall contain (a) a statement of intention to

cancel, failure to renew, or otherwise terminate an agreement,

(b) a complete statement of reasons therefor therefore,

including all data and documentation necessary to fully apprise

the wholesaler of the reasons for the action, and (c) the date

on which the action shall take effect.

(3) A brewer may cancel, fail to renew, or otherwise

terminate an agreement without furnishing any prior

notification for any of the following reasons:

(A) Wholesaler's failure to pay any account when due

and upon demand by the brewer for such payment, in

accordance with agreed payment terms.

(B) Wholesaler's assignment for the benefit of

creditors, or similar disposition, of substantially all of

the assets of such party's business.

(C) Insolvency of wholesaler, or the institution of

proceedings in bankruptcy by or against the wholesaler.

(D) Dissolution or liquidation of the wholesaler.

(E) Wholesaler's conviction of, or plea of guilty or no

contest, to a charge of violating a law or regulation, in

this State which materially and adversely affects the

ability of either party to continue to sell beer in this

State, or the revocation or suspension of a license or

permit to sell beer in this State.

(F) Any attempted transfer of business assets of the

wholesaler, voting stock of the wholesaler, voting stock of

any parent corporation of the wholesaler, or any change in

the beneficial ownership or control of any entity without

obtaining the prior consent or approval as provided for

under Section 6 unless the brewer neither approves,

consents to, nor objects to the transfer within 60 days

after receiving all requested information from the

wholesaler regarding the proposed purchase, in which event

the brewer shall be deemed to have consented to the

proposed transaction.

(G) Fraudulent conduct by the wholesaler in its

dealings with the brewer.

(Source: P.A. 88-410; revised 10-9-18.)

Section 785. The Civil Air Patrol Leave Act is amended by

changing Section 10 as follows:

(820 ILCS 148/10)

Sec. 10. Civil air patrol leave requirement.

(a) Any employer, as defined in Section 5 of this Act, that

employs between 15 and 50 employees shall provide up to 15 days

of unpaid civil air patrol leave to an employee performing a

civil air patrol mission, subject to the conditions set forth

in this Section. Civil air patrol leave granted under this Act

may consist of unpaid leave.

(b) An employer, as defined in Section 5 of this Act, that

employs more than 50 employees shall provide up to 30 days of

unpaid civil air patrol leave to an employee performing a civil

air patrol mission, subject to the conditions set forth in this

Section. Civil air patrol leave granted under this Act may

consist of unpaid leave.

(c) The employee shall give at least 14 days' notice of the

intended date upon which the civil air patrol leave will

commence if leave will consist of 5 or more consecutive work

days. When able, the employee shall consult with the employer

to schedule the leave so as to not unduly disrupt the

operations of the employer. Employees taking civil air patrol

leave for less than 5 consecutive days shall give the employer

advance advanced notice as is practical. The employer may

require certification from the proper civil air patrol

authority to verify the employee's eligibility for the civil

air patrol leave requested.

(d) An employee taking leave as provided under this Act

shall not be required to have exhausted all accrued vacation

leave, personal leave, compensatory leave, sick leave,

disability leave, and any other leave that may be granted to

the employee.

(Source: P.A. 95-763, eff. 1-1-09; revised 10-9-18.)

Section 790. The Family Military Leave Act is amended by

changing Section 10 as follows:

(820 ILCS 151/10)

Sec. 10. Family Military Leave Requirement.

(a) Any employer, as defined in Section 5 of this Act, that

employs between 15 and 50 employees shall provide up to 15 days

of unpaid family military leave to an employee during the time

federal or State deployment orders are in effect, subject to

the conditions set forth in this Section. Family military leave

granted under this Act may consist of unpaid leave.

(b) An employer, as defined in Section 5 of this Act, that

employs more than 50 employees shall provide up to 30 days of

unpaid family military leave to an employee during the time

federal or State deployment orders are in effect, subject to

the conditions set forth in this Section. Family military leave

granted under this Act may consist of unpaid leave. The number

of days of leave provided to an employee under this subsection

(b) because the employee's spouse or child is called to

military service shall be reduced by the number of days of

leave provided to the employee under subdivision (a)(1)(E) of

Section 102 of the Family and Medical Leave Act of 1993 because

of any qualifying exigency arising out of the fact that the

employee's spouse or child is on covered active duty as defined

in that Act (or has been notified of an impending call or order

to covered active duty) in the Armed Forces.

(c) The employee shall give at least 14 days' days notice

of the intended date upon which the family military leave will

commence if leave will consist of 5 or more consecutive work

days. Where able, the employee shall consult with the employer

to schedule the leave so as to not unduly disrupt the

operations of the employer. Employees taking military family

leave for less than 5 consecutive days shall give the employer

advance advanced notice as is practicable. The employer may

require certification from the proper military authority to

verify the employee's eligibility for the family military leave

requested.

(d) An employee shall not take leave as provided under this

Act unless he or she has exhausted all accrued vacation leave,

personal leave, compensatory leave, and any other leave that

may be granted to the employee, except sick leave and

disability leave.

(Source: P.A. 96-1417, eff. 1-1-11; revised 10-9-18.)

Section 995. No acceleration or delay. Where this Act makes

changes in a statute that is represented in this Act by text

that is not yet or no longer in effect (for example, a Section

represented by multiple versions), the use of that text does

not accelerate or delay the taking effect of (i) the changes

made by this Act or (ii) provisions derived from any other

Public Act.

Section 996. No revival or extension. This Act does not

revive or extend any Section or Act otherwise repealed.

Section 999. Effective date. This Act takes effect upon

becoming law.

INDEX Statutes amended in order of appearance