HB3855 EngrossedLRB100 05985 AMC 16014 b

1    AN ACT to revise the law by combining multiple enactments
2and making technical corrections.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 1. Nature of this Act.
6    (a) This Act may be cited as the First 2017 General
7Revisory Act.
8    (b) This Act is not intended to make any substantive change
9in the law. It reconciles conflicts that have arisen from
10multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12    This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises
18cross-references, and deletes obsolete text.
19    (c) In this Act, the reference at the end of each amended
20Section indicates the sources in the Session Laws of Illinois
21that were used in the preparation of the text of that Section.
22The text of the Section included in this Act is intended to
23include the different versions of the Section found in the
24Public Acts included in the list of sources, but may not

 

 

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1include other versions of the Section to be found in Public
2Acts not included in the list of sources. The list of sources
3is not a part of the text of the Section.
4    (d) Public Acts 99-492 through 99-919 were considered in
5the preparation of the combining revisories included in this
6Act. Many of those combining revisories contain no striking or
7underscoring because no additional changes are being made in
8the material that is being combined.
 
9    Section 5. The Statute on Statutes is amended by changing
10Section 8 as follows:
 
11    (5 ILCS 70/8)  (from Ch. 1, par. 1107)
12    Sec. 8. Omnibus Bond Acts.
13    (a) A citation to the Omnibus Bond Acts is a citation to
14all of the following Acts, collectively, as amended from time
15to time: the Bond Authorization Act, the Registered Bond Act,
16the Municipal Bond Reform Act, the Local Government Debt Reform
17Act, subsection (a) of Section 1-7 of the Property Tax
18Extension Limitation Act (now repealed), subsection (a) of
19Section 18-190 of the Property Tax Code, the Uniform Facsimile
20Signature of Public Officials Act, the Local Government Bond
21Validity Act, the Illinois Finance Authority Act, the Public
22Funds Investment Act, the Local Government Credit Enhancement
23Act, the Local Government Defeasance of Debt Law, the
24Intergovernmental Cooperation Act, the Local Government

 

 

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

 

 

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

 

 

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1    (5 ILCS 80/4.37)
2    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
3The following Acts are repealed on January 1, 2027:
4    The Clinical Psychologist Licensing Act.
5    The Illinois Optometric Practice Act of 1987.
6    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
7XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
8    The Boiler and Pressure Vessel Repairer Regulation Act.
9(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1099-910, eff. 12-16-16; 99-911, eff. 12-16-16; revised 1-3-17.)
 
11    (5 ILCS 80/4.27 rep.)
12    Section 15. The Regulatory Sunset Act is amended by
13repealing Section 4.27.
 
14    Section 20. The Open Meetings Act is amended by changing
15Section 2 as follows:
 
16    (5 ILCS 120/2)  (from Ch. 102, par. 42)
17    Sec. 2. Open meetings.
18    (a) Openness required. All meetings of public bodies shall
19be open to the public unless excepted in subsection (c) and
20closed in accordance with Section 2a.
21    (b) Construction of exceptions. The exceptions contained
22in subsection (c) are in derogation of the requirement that

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1that will inform the public of the business being conducted.
2(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
3eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
499-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
599-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff.
61-1-17; revised 9-21-16.)
 
7    Section 25. The Freedom of Information Act is amended by
8changing Sections 7 and 7.5 as follows:
 
9    (5 ILCS 140/7)  (from Ch. 116, par. 207)
10    Sec. 7. Exemptions.
11    (1) When a request is made to inspect or copy a public
12record that contains information that is exempt from disclosure
13under this Section, but also contains information that is not
14exempt from disclosure, the public body may elect to redact the
15information that is exempt. The public body shall make the
16remaining information available for inspection and copying.
17Subject to this requirement, the following shall be exempt from
18inspection and copying:
19        (a) Information specifically prohibited from
20    disclosure by federal or State law or rules and regulations
21    implementing federal or State law.
22        (b) Private information, unless disclosure is required
23    by another provision of this Act, a State or federal law or
24    a court order.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 21 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 22 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 23 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 24 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 25 -LRB100 05985 AMC 16014 b

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

 

 

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1except as stated in this Section or otherwise provided in this
2Act.
3(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
498-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
599-642, eff. 7-28-16; revised 10-25-16.)
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other records
19    prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating
24    to known or suspected cases of sexually transmissible
25    disease or any information the disclosure of which is

 

 

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

 

 

HB3855 Engrossed- 28 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 29 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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1    under Section 2.37 of the Wildlife Code.
2        (bb) Information which is or was prohibited from
3    disclosure by the Juvenile Court Act of 1987.
4        (cc) Recordings made under the Law Enforcement
5    Officer-Worn Body Camera Act, except to the extent
6    authorized under that Act.
7        (dd) Information that is prohibited from being
8    disclosed under Section 45 of the Condominium and Common
9    Interest Community Ombudsperson Act.
10        (ee) (dd) Information that is exempted from disclosure
11    under Section 30.1 of the Pharmacy Practice Act.
12(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
13eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1499-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
1599-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
168-19-16; revised 9-1-16.)
 
17    Section 30. The State Records Act is amended by changing
18Section 2 as follows:
 
19    (5 ILCS 160/2)  (from Ch. 116, par. 43.5)
20    Sec. 2. For the purposes of this Act:
21    "Secretary" means Secretary of State.
22    "Record" or "records" means all books, papers,
23born-digital electronic material, digitized electronic
24material, electronic material with a combination of digitized

 

 

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

 

 

HB3855 Engrossed- 33 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 34 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 35 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 36 -LRB100 05985 AMC 16014 b

1amended by changing Sections 27 and 28 as follows:
 
2    (5 ILCS 315/27)  (from Ch. 48, par. 1627)
3    Sec. 27. Except as provided in Section 18 of this Act
4herein, the provisions of the Labor Dispute Act "An Act
5relating to disputes concerning terms and conditions of
6employment", approved June 19, 1925, as now or hereafter
7amended, apply.
8(Source: P.A. 83-1012; revised 9-16-16.)
 
9    (5 ILCS 315/28)
10    Sec. 28. Applicability of changes made by Public Act
1197-1158 amendatory Act of the 97th General Assembly. Nothing in
12Public Act 97-1158 this amendatory Act of the 97th General
13Assembly applies to workers or consumers in the Home-Based Home
14Based Support Services Program in the Department of Human
15Services Division of Developmental Disabilities.
16(Source: P.A. 97-1158, eff. 1-29-13; revised 9-16-16.)
 
17    Section 45. The State Employee Vacation Time Act is amended
18by changing Section 1 as follows:
 
19    (5 ILCS 360/1)  (from Ch. 127, par. 63b120.1)
20    Sec. 1. After the effective date of this Act, computation
21of vacation time of former State employees re-entering State
22service shall be determined as though all previous State

 

 

HB3855 Engrossed- 37 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 38 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 39 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 40 -LRB100 05985 AMC 16014 b

1of duty of an Illinois resident law enforcement officer. The
2Office of the State Fire Marshal shall notify the Governor of
3the death in the line of duty of an Illinois resident
4firefighter. The Department of Public Health shall notify the
5Governor of the death in the line of duty of an Illinois
6resident member of an Emergency Medical Services (EMS) crew.
7Notice to the Governor shall include at least the resident's
8name and Illinois address, the date designated for the funeral,
9and the circumstances of the death.
10    (c) For the purpose of this Section, the United States
11armed forces includes: (i) the United States Army, Navy, Marine
12Corps, Air Force, and Coast Guard; (ii) any reserve component
13of each of the forces listed in item (i); and (iii) the
14National Guard.
15    (d) Nothing in this Section requires the removal or
16relocation of any existing flags currently displayed in the
17State. This Section does not apply to a State facility if the
18requirements of this Section cannot be satisfied without a
19physical modification to that facility.
20(Source: P.A. 98-234, eff. 1-1-14; 99-372, eff. 1-1-16; revised
211-24-17.)
 
22    Section 70. The Election Code is amended by changing
23Sections 3-6, 4-8.5, 5-8.5, 6-35.5, 7-8, 18A-5, 20-5, 20-13,
24and 24A-15.1 as follows:
 

 

 

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

 

 

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

 

 

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

 

 

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1within another congressional district, each ward, township or
2precinct committeeman shall vote only with respect to the
3congressional district in which his ward, township, part of a
4township or precinct is located. In the case of a congressional
5district which encompasses more than one county, each ward,
6township or precinct committeeman residing within the
7congressional district shall cast as his vote one vote for each
8ballot voted in his ward, township, part of a township or
9precinct in the last preceding primary election of his
10political party for one candidate of his party for member of
11the State central committee for the congressional district in
12which he resides and the Chairman of the county central
13committee shall report the results of the election to the State
14Board of Elections. The State Board of Elections shall certify
15the candidate receiving the highest number of votes elected
16State central committeeman for that congressional district.
17    The State central committee shall adopt rules to provide
18for and govern the procedures to be followed in the election of
19members of the State central committee.
20    After August 6, 1999 (the effective date of Public Act
2191-426) this amendatory Act of the 91st General Assembly,
22whenever a vacancy occurs in the office of Chairman of a State
23central committee, or at the end of the term of office of
24Chairman, the State central committee of each political party
25that has selected Alternative A shall elect a Chairman who
26shall not be required to be a member of the State Central

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 54 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 55 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 58 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (c) Instead of the affidavit form described in subsection
2(b), the county clerk or board of election commissioners, as
3the case may be, may design and use a multi-part affidavit form
4that is imprinted upon or attached to the provisional ballot
5envelope described in subsection (b). If a county clerk or
6board of election commissioners elects to design and use its
7own multi-part affidavit form, then the county clerk or board
8of election commissioners shall establish a mechanism for
9accepting any information the provisional voter has supplied to
10the election judge to support his or her claim that he or she
11is a duly registered voter. In all other respects, a county
12clerk or board of election commissioners shall establish
13procedures consistent with subsection (b).
14    (d) The county clerk or board of election commissioners, as
15the case may be, shall use the completed affidavit form
16described in subsection (b) to update the person's voter
17registration information in the State voter registration
18database and voter registration database of the county clerk or
19board of election commissioners, as the case may be. If a
20person is later determined not to be a registered voter based
21on Section 18A-15 of this Code, then the affidavit shall be
22processed by the county clerk or board of election
23commissioners, as the case may be, as a voter registration
24application.
25(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14;
2698-1171, eff. 6-1-15; revised 9-2-16.)
 

 

 

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

 

 

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

 

 

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1described on the ballot due to the space limitations of such
2ballot, the election authority shall provide a printed copy of
3a notice of the public question, which shall include a
4description of the territory in the manner required by Section
516-7. The notice shall be furnished to the elector at the same
6time the ballot is delivered to the elector.
7    The envelope in which such registration or such ballot is
8mailed to the voter as well as the envelope in which the
9registration materials or the ballot is returned by the voter
10shall have printed across the face thereof two parallel
11horizontal red bars, each one-quarter inch wide, extending from
12one side of the envelope to the other side, with an intervening
13space of one-quarter inch, the top bar to be one and
14one-quarter inches from the top of the envelope, and with the
15words "Official Election Balloting Material-VIA AIR MAIL"
16between the bars. In the upper right corner of such envelope in
17a box, there shall be printed the words: "U.S. Postage Paid 42
18USC 1973". All printing on the face of such envelopes shall be
19in red, including an appropriate inscription or blank in the
20upper left corner of return address of sender.
21    The envelope in which the ballot is returned to the
22election authority may be delivered (i) by mail, postage paid,
23(ii) in person, by the spouse, parent, child, brother, or
24sister of the voter, or (iii) by a company engaged in the
25business of making deliveries of property and licensed as a
26motor carrier of property by the Illinois Commerce Commission

 

 

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

 

 

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

 

 

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1    (1) My parents or spouse's name is:
2    ......... (First) .......... (Middle) .......... (Last)
3    (2) ........ (Month) .......... (Day) .......... (Year)
4    is the date of my marriage or my age at which time I
5derived my citizenship.
6    7. I am not registered as a voter in any other county in
7the State of Illinois or in any other State.
8    8. I am not requesting a ballot from any other place and am
9not voting in any other manner in this election and I have not
10voted and do not intend to vote in this election at any other
11address. I request that you mail my ballot to the following
12address:
13    (Print name and complete mailing address)
14    .........................................
15    .........................................
16    .........................................
17    9. Under penalties as provided by law pursuant to Article
1829 of The Election Code, the undersigned certifies that the
19statements set forth in this application are true and correct.
20
......................
21
Signature of Applicant
22    The procedures set forth in Sections 20-4 through 20-12 of
23this Article, insofar as they may be made applicable, shall be
24applicable to vote by mail voting under this Section.
25(Source: P.A. 98-1171, eff. 6-1-15; revised 9-6-16.)
 

 

 

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1    (10 ILCS 5/24A-15.1)  (from Ch. 46, par. 24A-15.1)
2    Sec. 24A-15.1. Except as herein provided, discovery
3recounts and election contests shall be conducted as otherwise
4provided for in this "The Election Code", as amended. The
5automatic tabulating equipment shall be tested prior to the
6discovery recount or election contest as provided in Section
724A-9, and then the official ballots or ballot cards shall be
8recounted on the automatic tabulating equipment. In addition,
9(1) the ballot or ballot cards shall be checked for the
10presence or absence of judges' initials and other
11distinguishing marks, and (2) the ballots marked "Rejected",
12"Defective", "Objected to", "Vote by Mail Ballot", and "Early
13Ballot" shall be examined to determine the propriety of the
14labels, and (3) the "Duplicate Vote by Mail Ballots",
15"Duplicate Early Ballots", "Duplicate Overvoted Ballots", and
16"Duplicate Damaged Ballots" shall be compared with their
17respective originals to determine the correctness of the
18duplicates.
19    Any person who has filed a petition for discovery recount
20may request that a redundant count be conducted in those
21precincts in which the discovery recount is being conducted.
22The additional costs of such a redundant count shall be borne
23by the requesting party.
24    The log of the computer operator and all materials retained
25by the election authority in relation to vote tabulation and
26canvass shall be made available for any discovery recount or

 

 

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1election contest.
2(Source: P.A. 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15;
3revised 9-2-16.)
 
4    Section 75. The State Budget Law of the Civil
5Administrative Code of Illinois is amended by changing Section
650-15 as follows:
 
7    (15 ILCS 20/50-15)  (was 15 ILCS 20/38.2)
8    Sec. 50-15. Department accountability reports.
9    (a) Beginning in the fiscal year which begins July 1, 1992,
10each department of State government as listed in Section 5-15
11of the Departments of State Government Law (20 ILCS 5/5-15)
12shall submit an annual accountability report to the Bureau of
13the Budget (now Governor's Office of Management and Budget) at
14times designated by the Director of the Bureau of the Budget
15(now Governor's Office of Management and Budget). Each
16accountability report shall be designed to assist the Bureau
17(now Office) in its duties under Sections 2.2 and 2.3 of the
18Governor's Office of Management and Budget Act and shall
19measure the department's performance based on criteria, goals,
20and objectives established by the department with the oversight
21and assistance of the Bureau (now Office). Each department
22shall also submit interim progress reports at times designated
23by the Director of the Bureau (now Office).
24    (b) (Blank).

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Department of Veterans' Affairs shall advise the Secretary as
2to what other forms of proof of a person's status as a veteran
3are acceptable.
4    The Illinois Department of Veterans' Affairs shall confirm
5the status of the applicant as an honorably discharged veteran
6before the Secretary may issue the identification card.
7    For purposes of this subsection (b):
8    "Armed forces" means any of the Armed Forces of the United
9States, including a member of any reserve component or National
10Guard unit.
11    "Veteran" means a person who has served in the armed forces
12and was discharged or separated under honorable conditions.
13    (c) Beginning July 1, 2017, all applicants for standard
14Illinois Identification Cards and Illinois Person with a
15Disability Identification Cards shall provide proof of lawful
16status in the United States as defined in 6 CFR 37.3, as
17amended. Applicants who are unable to provide the Secretary
18with proof of lawful status are ineligible for identification
19cards under this Act.
20(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
2199-511, eff. 1-1-17; 99-544, eff. 7-15-16; revised 9-21-16.)
 
22    (15 ILCS 335/12)  (from Ch. 124, par. 32)
23    (Text of Section before amendment by P.A. 99-907)
24    Sec. 12. Fees concerning standard Standard Illinois
25Identification Cards. The fees required under this Act for

 

 

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

 

 

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1        for or a foster child upon turning the age of
2        16 years old until he or she reaches
3        they reach the age of 21 years old.......... No Fee
4    All fees collected under this Act shall be paid into the
5Road Fund of the State treasury, except that the following
6amounts shall be paid into the General Revenue Fund: (i) 80% of
7the fee for an original, renewal, or duplicate Illinois
8Identification Card issued on or after January 1, 2005; and
9(ii) 80% of the fee for a corrected Illinois Identification
10Card issued on or after January 1, 2005.
11    An individual, who resides in a veterans home or veterans
12hospital operated by the State state or federal government, who
13makes an application for an Illinois Identification Card to be
14issued at no fee, must submit, along with the application, an
15affirmation by the applicant on a form provided by the
16Secretary of State, that such person resides in a veterans home
17or veterans hospital operated by the State state or federal
18government.
19    The application of a homeless individual for an Illinois
20Identification Card to be issued at no fee must be accompanied
21by an affirmation by a qualified person, as defined in Section
224C of this Act, on a form provided by the Secretary of State,
23that the applicant is currently homeless as defined in Section
241A of this Act.
25    For the application for the first Illinois Identification
26Card of a youth for whom the Department of Children and Family

 

 

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

 

 

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

 

 

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

 

 

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1Card issued on or after January 1, 2005.
2    An individual, who resides in a veterans home or veterans
3hospital operated by the State state or federal government, who
4makes an application for an Illinois Identification Card to be
5issued at no fee, must submit, along with the application, an
6affirmation by the applicant on a form provided by the
7Secretary of State, that such person resides in a veterans home
8or veterans hospital operated by the State state or federal
9government.
10    The application of a homeless individual for an Illinois
11Identification Card to be issued at no fee must be accompanied
12by an affirmation by a qualified person, as defined in Section
134C of this Act, on a form provided by the Secretary of State,
14that the applicant is currently homeless as defined in Section
151A of this Act.
16    For the application for the first Illinois Identification
17Card of a youth for whom the Department of Children and Family
18Services is legally responsible for or a foster child to be
19issued at no fee, the youth must submit, along with the
20application, an affirmation by his or her court appointed
21attorney or an employee of the Department of Children and
22Family Services on a form provided by the Secretary of State,
23that the person is a youth for whom the Department of Children
24and Family Services is legally responsible for or a foster
25child.
26    The fee for any duplicate identification card shall be

 

 

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1waived for any person who presents the Secretary of State's
2Office with a police report showing that his or her
3identification card was stolen.
4    The fee for any duplicate identification card shall be
5waived for any person age 60 or older whose identification card
6has been lost or stolen.
7    As used in this Section, "active-duty member of the United
8States Armed Forces" means a member of the Armed Services or
9Reserve Forces of the United States or a member of the Illinois
10National Guard who is called to active duty pursuant to an
11executive order of the President of the United States, an act
12of the Congress of the United States, or an order of the
13Governor.
14(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;
1599-907, eff. 7-1-17; revised 1-3-17.)
 
16    Section 90. The State Comptroller Act is amended by
17changing Section 22 as follows:
 
18    (15 ILCS 405/22)  (from Ch. 15, par. 222)
19    Sec. 22. Transition; Auditor Transition-Auditor of Public
20Accounts to comptroller.
21    (a) Except as otherwise specifically provided by law, the
22comptroller shall succeed to all rights, powers, duties and
23liabilities of the Auditor of Public Accounts in effect on
24January 7, 1973. Warrants outstanding on the effective date of

 

 

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1this Act shall be governed by the law in effect on January 7,
21973, except for such provisions of this Act as may be made
3applicable to such warrants by regulation adopted by the
4comptroller with the approval of the State Treasurer. All
5books, records, equipment, property, and personnel held by, in
6the custody of or employed by the Auditor of Public Accounts on
7that date shall be transferred to the comptroller on the
8effective date of this Act. This transfer of personnel from the
9office of Auditor of Public Accounts to the office of the
10comptroller shall in no way affect the status of such personnel
11under the "Personnel Code" or the State Employees Retirement
12System or as respects any employment benefits to which they
13were entitled on the day immediately preceding the transfer.
14    (b) In order to achieve a smooth and orderly transition
15from the system of accounts and reports maintained or provided
16by or for the Auditor of Public Accounts to the new uniform
17accounting system and the expanded reporting and
18accountability for public funds required by this Act, and the
19warrant and payroll procedures required by this Act which may
20be different from those provided by the law in effect on
21January 7, 1973, the comptroller may, by interim regulations,
22provide for the gradual changeover to the new systems, forms
23and procedures. The complete implementation of the new uniform
24accounting system and of the forms and procedures for reporting
25and documentation by all State agencies and the handling of
26warrants and payroll, as provided by this Act, must be

 

 

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1finalized and in effect no later than July 1, 1974.
2    (c) The Warrant Escheat Fund, a special fund of which the
3State Treasurer is ex officio ex-officio custodian, as
4heretofore established by law is retained.
5(Source: P.A. 77-2807; revised 9-19-16.)
 
6    Section 95. The Department of Agriculture Law of the Civil
7Administrative Code of Illinois is amended by changing Section
8205-15 as follows:
 
9    (20 ILCS 205/205-15)  (was 20 ILCS 205/40.7 and 205/40.8)
10    Sec. 205-15. Promotional activities.
11    (a) The Department has the power to encourage and promote,
12in every practicable manner, the interests of agriculture,
13including horticulture, the livestock industry, dairying,
14cheese making, poultry, bee keeping, forestry, the production
15of wool, and all other allied industries. In furtherance of the
16duties set forth in this Section, the Department may establish
17trust funds and bank accounts in adequately protected financial
18institutions to receive and disburse monies in connection with
19the conduct of food shows, food expositions, trade shows, and
20other promotional activities and to sell at cost, to qualified
21applicants, signs designating farms that have been owned for
22100 years or more, 150 years or more, or 200 years or more by
23lineal or collateral descendants of the same family as
24"Centennial Farms", "Sesquicentennial Farms", or "Bicentennial

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (1) Every State and local government agency that
2    employs a law enforcement officer or fireman as those terms
3    are defined in the Line of Duty Compensation Act must
4    possess opioid antagonists and must establish a policy to
5    control the acquisition, storage, transportation, and
6    administration of such opioid antagonists and to provide
7    training in the administration of opioid antagonists. A
8    State or local government agency that employs a fireman as
9    defined in the Line of Duty Compensation Act but does not
10    respond to emergency medical calls or provide medical
11    services shall be exempt from this subsection.
12        (2) Every publicly or privately owned ambulance,
13    special emergency medical services vehicle, non-transport
14    vehicle, or ambulance assist vehicle, as described in the
15    Emergency Medical Services (EMS) Systems Act, which
16    responds to requests for emergency services or transports
17    patients between hospitals in emergency situations must
18    possess opioid antagonists.
19        (3) Entities that are required under paragraphs (1) and
20    (2) to possess opioid antagonists may also apply to the
21    Department for a grant to fund the acquisition of opioid
22    antagonists and training programs on the administration of
23    opioid antagonists.
24(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
2599-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)
 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (20 ILCS 605/Art. 605 heading)
2
ARTICLE 605. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
3
COMMUNITY AFFAIRS

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1license.
2    The holder of a specialty retailer license (i) shall be a
3veterans service organization, (ii) may sell only specialty
4lottery tickets established for the benefit of the Illinois
5Veterans Assistance Fund in the State treasury, (iii) is
6required to purchase those tickets up front at face value from
7the Illinois Lottery, and (iv) must sell those tickets at face
8value. Specialty retailers may obtain a refund from the
9Department for any unsold specialty tickets that they have
10purchased for resale, as set forth in the specialty retailer
11agreement.
12    Specialty retailers shall receive a sales commission equal
13to 2% of the face value of specialty game tickets purchased
14from the Department, less adjustments for unsold tickets
15returned to the Illinois Lottery for credit. Specialty
16retailers may not cash winning tickets, but are entitled to a
171% bonus in connection with the sale of a winning specialty
18game ticket having a price value of $1,000 or more.
19(Source: P.A. 96-1105, eff. 7-19-10; 97-464, eff. 10-15-11;
20revised 9-2-16.)
 
21    (20 ILCS 1605/21.6)
22    Sec. 21.6. Scratch-off for Illinois veterans.
23    (a) The Department shall offer a special instant
24scratch-off game for the benefit of Illinois veterans. The game
25shall commence on January 1, 2006 or as soon thereafter, at the

 

 

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

 

 

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

 

 

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1    (c) During the time that tickets are sold for the Illinois
2veterans scratch-off game, the Department shall not
3unreasonably diminish the efforts devoted to marketing any
4other instant scratch-off lottery game.
5    (d) The Department may adopt any rules necessary to
6implement and administer the provisions of this Section.
7(Source: P.A. 97-464, eff. 10-15-11; 97-740, eff. 7-5-12;
898-499, eff. 8-16-13; revised 9-2-16.)
 
9    Section 125. The Military Code of Illinois is amended by
10changing Section 28 as follows:
 
11    (20 ILCS 1805/28)  (from Ch. 129, par. 220.28)
12    Sec. 28. When the Commander-in-Chief proclaims a time of
13public danger or when an emergency exists, the . The Adjutant
14General may purchase or authorize the purchase of stores and
15supplies in accordance with the emergency purchase provisions
16in the Illinois Procurement Code.
17(Source: P.A. 99-557, eff. 1-1-17; revised 9-8-16.)
 
18    Section 130. The State Guard Act is amended by changing
19Sections 53 and 54 as follows:
 
20    (20 ILCS 1815/53)  (from Ch. 129, par. 281)
21    Sec. 53. Any officer, warrant officer, or enlisted man in
22the Illinois State Guard who knowingly makes any false

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
2eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
3eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
498-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
599-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
67-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
 
7    Section 150. The Illinois Uniform Conviction Information
8Act is amended by changing Section 3 as follows:
 
9    (20 ILCS 2635/3)  (from Ch. 38, par. 1603)
10    Sec. 3. Definitions. Whenever used in this Act, and for the
11purposes of this Act, unless the context clearly indicates
12otherwise:
13    (A) "Accurate" means factually correct, containing no
14mistake or error of a material nature.
15    (B) The phrase "administer the criminal laws" includes any
16of the following activities: intelligence gathering,
17surveillance, criminal investigation, crime detection and
18prevention (including research), apprehension, detention,
19pretrial or post-trial release, prosecution, the correctional
20supervision or rehabilitation of accused persons or criminal
21offenders, criminal identification activities, data analysis
22and research done by the sentencing commission, or the
23collection, maintenance or dissemination of criminal history
24record information.

 

 

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1    (C) "The Authority" means the Illinois Criminal Justice
2Information Authority.
3    (D) "Automated" means the utilization of computers,
4telecommunication lines, or other automatic data processing
5equipment for data collection or storage, analysis,
6processing, preservation, maintenance, dissemination, or
7display and is distinguished from a system in which such
8activities are performed manually.
9    (E) "Complete" means accurately reflecting all the
10criminal history record information about an individual that is
11required to be reported to the Department pursuant to Section
122.1 of the Criminal Identification Act.
13    (F) "Conviction information" means data reflecting a
14judgment of guilt or nolo contendere. The term includes all
15prior and subsequent criminal history events directly relating
16to such judgments, such as, but not limited to: (1) the
17notation of arrest; (2) the notation of charges filed; (3) the
18sentence imposed; (4) the fine imposed; and (5) all related
19probation, parole, and release information. Information ceases
20to be "conviction information" when a judgment of guilt is
21reversed or vacated.
22    For purposes of this Act, continuances to a date certain in
23furtherance of an order of supervision granted under Section
245-6-1 of the Unified Code of Corrections or an order of
25probation granted under either Section 10 of the Cannabis
26Control Act, Section 410 of the Illinois Controlled Substances

 

 

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1Act, Section 70 of the Methamphetamine Control and Community
2Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
312-3.05 of the Criminal Code of 1961 or the Criminal Code of
42012, Section 10-102 of the Illinois Alcoholism and Other Drug
5Dependency Act, Section 40-10 of the Alcoholism and Other Drug
6Abuse and Dependency Act, or Section 10 of the Steroid Control
7Act shall not be deemed "conviction information".
8    (G) "Criminal history record information" means data
9identifiable to an individual, including information collected
10under Section 4.5 of the Criminal Identification Act, and
11consisting of descriptions or notations of arrests,
12detentions, indictments, informations, pretrial proceedings,
13trials, or other formal events in the criminal justice system
14or descriptions or notations of criminal charges (including
15criminal violations of local municipal ordinances) and the
16nature of any disposition arising therefrom, including
17sentencing, court or correctional supervision, rehabilitation
18and release. The term does not apply to statistical records and
19reports in which individuals individual are not identified and
20from which their identities are not ascertainable, or to
21information that is for criminal investigative or intelligence
22purposes.
23    (H) "Criminal justice agency" means (1) a government agency
24or any subunit thereof which is authorized to administer the
25criminal laws and which allocates a substantial part of its
26annual budget for that purpose, or (2) an agency supported by

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (20 ILCS 3905/1005)  (from Ch. 105, par. 905)
2    Sec. 1005. Advisory Commission. The State of Illinois, in
3carrying forward its duties to preserve or enhance the quality
4of this Parkway Corridor, shall establish the Alton Lake
5Heritage Parkway Advisory Commission. Beginning on January 1,
61994 (the effective date of Public Act 88-274) this amendatory
7Act of 1993, the Commission shall be known as, and its name
8shall be changed to, the Alton Lake Heritage Parkway Corridor
9Advisory Commission.
10    The Commission shall consist of 10 members, one each from
11Alton and Godfrey Townships in Madison County, one each from
12Quarry and Elsah Townships in Jersey County, one each from the
13cities of Alton, Elsah, and Grafton, one from the Village of
14Godfrey, and one each from Madison and Jersey Counties. The
15Supervisor of each Township, the Mayor of each municipality,
16and the County Board Chairman of each county shall appoint the
17members from their respective township, municipality, or
18county. The Mississippi River Parkway Advisory Council shall
19serve as a technical advisory body to the Commission.
20    The Commission will develop a land management plan that it
21will recommend to the General Assembly by November 1, 1992.
22    The plan shall be subject to a public informational meeting
23prior to it being sent to the General Assembly. Thereafter the
24Commission is authorized to facilitate, coordinate, make
25recommendations for implementing, and assist in implementing

 

 

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1the land management plan in the parkway corridor and its
2viewshed, conservation, and open land-agricultural cores.
3    The Commission may raise, accept, and expend funds from
4public and private sources for the purpose of developing,
5facilitating and coordinating and making recommendations for
6the implementation of, and assisting in the implementation of,
7the land management plan in the parkway corridor.
8    Using funds that it receives as authorized by this Section,
9the Commission may select and contract with a multidiscipline
10design consultant to assist the Commission in the design and
11development of the parkway corridor.
12    The Commission is authorized to cooperate with
13not-for-profit corporations empowered to establish trusts to
14acquire and hold title to scenic easements and other interests
15in land for the purposes of this Article and implementation of
16the land management plan in the parkway corridor.
17(Source: P.A. 87-215; 87-867; 87-964; 88-45; 88-274; revised
189-19-16.)
 
19    Section 170. The Illinois Health Facilities Planning Act is
20amended by changing Section 8.5 as follows:
 
21    (20 ILCS 3960/8.5)
22    (Section scheduled to be repealed on December 31, 2019)
23    Sec. 8.5. Certificate of exemption for change of ownership
24of a health care facility; discontinuation of a health care

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1accessibility and a full and complete written transcript of the
2proceedings shall be made. All interested persons attending the
3hearing shall be given a reasonable opportunity to present
4their positions in writing or orally. The applicant shall
5provide a summary of the proposal for distribution at the
6public hearing.
7    (c) For the purposes of this Section "newspaper of limited
8circulation" means a newspaper intended to serve a particular
9or defined population of a specific geographic area within a
10Metropolitan Statistical Area such as a municipality, town,
11village, township, or community area, but does not include
12publications of professional and trade associations.
13(Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15;
1499-527, eff. 1-1-17; 99-551, eff. 7-15-16; revised 9-13-16.)
 
15    Section 175. The Illinois Latino Family Commission Act is
16amended by changing Section 5 as follows:
 
17    (20 ILCS 3983/5)
18    Sec. 5. Legislative findings Findings. It is the policy of
19this State to promote family preservation and to strengthen
20families.
21    Latinos are well represented among the families of
22Illinois. The Illinois Latino population is the fifth largest
23in the nation. Over 14% of the estimated 12,000,000 people that
24live in Illinois are Latinos. According to the 2000 Census

 

 

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1figures, more than 1,750,000 Latinos make Illinois their home.
2This figure represents a 69.2% increase from the 1990 Census
3figures compared to about 3.5% for non-Latinos. The Latino
4population explosion accounted for two-thirds of the total
5population change in Illinois and it is visible throughout the
6State.
7    In Cook County alone, the Latino population has increased
8to about 1,071,740. In the 6 county region including Cook
9County, nearly 69% of new residents were Hispanic. Roughly
1023.7% of Kane County residents are Latino. In Lake County,
11Latinos make up 14.4% of the total county population.
12    Latinos are not only the fastest growing ethnic group in
13the State, they are also the youngest. The median age for
14Latinos in Illinois is 25, compared to 36 for non-Latinos.
15Despite unprecedented population growth, Latinos lag behind in
16major indicators of well-being relative to education, health,
17employment, and child welfare, as well as representation
18throughout the State. Moreover, Latino children and families
19present unique linguistic, cultural, and immigration issues
20for the State.
21    Latinos have a well-established presence in the child
22welfare system. Of the total 86,973 children that were reported
23abused or neglected in Fiscal Year 2001, about 8,442 or 9.7%
24were Hispanic children. About 25% of these hotline reports were
25indicated, for a total of 2,155 Latino children in Fiscal Year
262001. As of August 2003, there were about 1,367 open Latino

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1any such transfer or allocation, nor shall any tax revenues or
2other moneys, interest or earnings paid into the Build Illinois
3Fund be used, temporarily or otherwise, for interfund
4borrowing, or be otherwise used or appropriated, except as
5expressly authorized and provided in Section 8.25 of this Act
6for the sole purposes and subject to the priorities,
7limitations and conditions prescribed therein.
8    (b) The tax revenues and other moneys shall be paid into
9the Build Illinois Fund pursuant to Section 6z-17 of this Act,
10Section 28 of the "Illinois Horse Racing Act of 1975", as
11amended, Section 9 of the "Use Tax Act", as amended, Section 9
12of the "Service Use Tax Act", as amended, Section 9 of the
13"Service Occupation Tax Act", as amended, Section 3 of the
14"Retailers' Occupation Tax Act", as amended, Section 4.05 of
15the "Chicago World's Fair - 1992 Authority Act", as amended,
16and Sections 3 and 6 of the "The Hotel Operators' Occupation
17Tax Act", as amended.
18(Source: P.A. 91-51, eff. 6-30-99; revised 9-8-16.)
 
19    (30 ILCS 105/8g)
20    Sec. 8g. Fund transfers.
21    (a) In addition to any other transfers that may be provided
22for by law, as soon as may be practical after June 9, 1999 (the
23effective date of Public Act 91-25) this amendatory Act of the
2491st General Assembly, the State Comptroller shall direct and
25the State Treasurer shall transfer the sum of $10,000,000 from

 

 

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1the General Revenue Fund to the Motor Vehicle License Plate
2Fund created by Public Act 91-37 Senate Bill 1028 of the 91st
3General Assembly.
4    (b) In addition to any other transfers that may be provided
5for by law, as soon as may be practical after June 9, 1999 (the
6effective date of Public Act 91-25) this amendatory Act of the
791st General Assembly, the State Comptroller shall direct and
8the State Treasurer shall transfer the sum of $25,000,000 from
9the General Revenue Fund to the Fund for Illinois' Future
10created by Public Act 91-38 Senate Bill 1066 of the 91st
11General Assembly.
12    (c) In addition to any other transfers that may be provided
13for by law, on August 30 of each fiscal year's license period,
14the Illinois Liquor Control Commission shall direct and the
15State Comptroller and State Treasurer shall transfer from the
16General Revenue Fund to the Youth Alcoholism and Substance
17Abuse Prevention Fund an amount equal to the number of retail
18liquor licenses issued for that fiscal year multiplied by $50.
19    (d) The payments to programs required under subsection (d)
20of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
21be made, pursuant to appropriation, from the special funds
22referred to in the statutes cited in that subsection, rather
23than directly from the General Revenue Fund.
24    Beginning January 1, 2000, on the first day of each month,
25or as soon as may be practical thereafter, the State
26Comptroller shall direct and the State Treasurer shall transfer

 

 

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1from the General Revenue Fund to each of the special funds from
2which payments are to be made under Section 28.1(d) of the
3Illinois Horse Racing Act of 1975 an amount equal to 1/12 of
4the annual amount required for those payments from that special
5fund, which annual amount shall not exceed the annual amount
6for those payments from that special fund for the calendar year
71998. The special funds to which transfers shall be made under
8this subsection (d) include, but are not necessarily limited
9to, the Agricultural Premium Fund; the Metropolitan
10Exposition, Auditorium and Office Building Fund; the Fair and
11Exposition Fund; the Illinois Standardbred Breeders Fund; the
12Illinois Thoroughbred Breeders Fund; and the Illinois
13Veterans' Rehabilitation Fund.
14    (e) In addition to any other transfers that may be provided
15for by law, as soon as may be practical after May 17, 2000 (the
16effective date of Public Act 91-704) this amendatory Act of the
1791st General Assembly, but in no event later than June 30,
182000, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $15,000,000 from the
20General Revenue Fund to the Fund for Illinois' Future.
21    (f) In addition to any other transfers that may be provided
22for by law, as soon as may be practical after May 17, 2000 (the
23effective date of Public Act 91-704) this amendatory Act of the
2491st General Assembly, but in no event later than June 30,
252000, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $70,000,000 from the

 

 

HB3855 Engrossed- 186 -LRB100 05985 AMC 16014 b

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

 

 

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1Revenue Fund at the direction of and upon notification from the
2Governor, but in any event on or before June 30, 2002.
3    (i-1) On or after July 1, 2002 and until May 1, 2003, in
4addition to any other transfers that may be provided for by
5law, at the direction of and upon notification from the
6Governor, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts not exceeding a total of
8$80,000,000 from the General Revenue Fund to the Tobacco
9Settlement Recovery Fund. Any amounts so transferred shall be
10re-transferred by the State Comptroller and the State Treasurer
11from the Tobacco Settlement Recovery Fund to the General
12Revenue Fund at the direction of and upon notification from the
13Governor, but in any event on or before June 30, 2003.
14    (j) On or after July 1, 2001 and no later than June 30,
152002, in addition to any other transfers that may be provided
16for by law, at the direction of and upon notification from the
17Governor, the State Comptroller shall direct and the State
18Treasurer shall transfer amounts not to exceed the following
19sums into the Statistical Services Revolving Fund:
20    From the General Revenue Fund.................$8,450,000
21    From the Public Utility Fund..................1,700,000
22    From the Transportation Regulatory Fund.......2,650,000
23    From the Title III Social Security and
24     Employment Fund..............................3,700,000
25    From the Professions Indirect Cost Fund.......4,050,000
26    From the Underground Storage Tank Fund........550,000

 

 

HB3855 Engrossed- 188 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 189 -LRB100 05985 AMC 16014 b

1Security Fund.
2    (k-2) In addition to any other transfers that may be
3provided for by law, on July 1, 2003, or as soon as may be
4practical thereafter, the State Comptroller shall direct and
5the State Treasurer shall transfer the sum of $2,000,000 from
6the General Revenue Fund to the Teachers Health Insurance
7Security Fund.
8    (k-3) On or after July 1, 2002 and no later than June 30,
92003, in addition to any other transfers that may be provided
10for by law, at the direction of and upon notification from the
11Governor, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts not to exceed the following
13sums into the Statistical Services Revolving Fund:
14    Appraisal Administration Fund.................$150,000
15    General Revenue Fund..........................10,440,000
16    Savings and Residential Finance
17        Regulatory Fund...........................200,000
18    State Pensions Fund...........................100,000
19    Bank and Trust Company Fund...................100,000
20    Professions Indirect Cost Fund................3,400,000
21    Public Utility Fund...........................2,081,200
22    Real Estate License Administration Fund.......150,000
23    Title III Social Security and
24        Employment Fund...........................1,000,000
25    Transportation Regulatory Fund................3,052,100
26    Underground Storage Tank Fund.................50,000

 

 

HB3855 Engrossed- 190 -LRB100 05985 AMC 16014 b

1    (l) In addition to any other transfers that may be provided
2for by law, on July 1, 2002, or as soon as may be practical
3thereafter, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $3,000,000 from the General
5Revenue Fund to the Presidential Library and Museum Operating
6Fund.
7    (m) In addition to any other transfers that may be provided
8for by law, on July 1, 2002 and on January 8, 2004 (the
9effective date of Public Act 93-648) this amendatory Act of the
1093rd General Assembly, or as soon thereafter as may be
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $1,200,000 from the General
13Revenue Fund to the Violence Prevention Fund.
14    (n) In addition to any other transfers that may be provided
15for by law, on July 1, 2003, or as soon thereafter as may be
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $6,800,000 from the General
18Revenue Fund to the DHS Recoveries Trust Fund.
19    (o) On or after July 1, 2003, and no later than June 30,
202004, in addition to any other transfers that may be provided
21for by law, at the direction of and upon notification from the
22Governor, the State Comptroller shall direct and the State
23Treasurer shall transfer amounts not to exceed the following
24sums into the Vehicle Inspection Fund:
25    From the Underground Storage Tank Fund .......$35,000,000.
26    (p) On or after July 1, 2003 and until May 1, 2004, in

 

 

HB3855 Engrossed- 191 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 192 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

HB3855 Engrossed- 194 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 195 -LRB100 05985 AMC 16014 b

1Treasurer shall transfer the sum of $1,200,000 from the General
2Revenue Fund to the Violence Prevention Fund.
3    (aa) In addition to any other transfers that may be
4provided for by law, on July 1, 2005, or as soon as may be
5practical thereafter, the State Comptroller shall direct and
6the State Treasurer shall transfer the sum of $9,000,000 from
7the General Revenue Fund to the Presidential Library and Museum
8Operating Fund.
9    (bb) In addition to any other transfers that may be
10provided for by law, on July 1, 2005, or as soon as may be
11practical thereafter, the State Comptroller shall direct and
12the State Treasurer shall transfer the sum of $6,803,600 from
13the General Revenue Fund to the Securities Audit and
14Enforcement Fund.
15    (cc) In addition to any other transfers that may be
16provided for by law, on or after July 1, 2005 and until May 1,
172006, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts not exceeding a total of
20$80,000,000 from the General Revenue Fund to the Tobacco
21Settlement Recovery Fund. Any amounts so transferred shall be
22re-transferred by the State Comptroller and the State Treasurer
23from the Tobacco Settlement Recovery Fund to the General
24Revenue Fund at the direction of and upon notification from the
25Governor, but in any event on or before June 30, 2006.
26    (dd) In addition to any other transfers that may be

 

 

HB3855 Engrossed- 196 -LRB100 05985 AMC 16014 b

1provided for by law, on April 1, 2005, or as soon thereafter as
2may be practical, at the direction of the Director of Public
3Aid (now Director of Healthcare and Family Services), the State
4Comptroller shall direct and the State Treasurer shall transfer
5from the Public Aid Recoveries Trust Fund amounts not to exceed
6$14,000,000 to the Community Mental Health Medicaid Trust Fund.
7    (ee) Notwithstanding any other provision of law, on July 1,
82006, or as soon thereafter as practical, the State Comptroller
9shall direct and the State Treasurer shall transfer the
10remaining balance from the Illinois Civic Center Bond Fund to
11the Illinois Civic Center Bond Retirement and Interest Fund.
12    (ff) In addition to any other transfers that may be
13provided for by law, on and after July 1, 2006 and until June
1430, 2007, at the direction of and upon notification from the
15Director of the Governor's Office of Management and Budget, the
16State Comptroller shall direct and the State Treasurer shall
17transfer amounts not exceeding a total of $1,900,000 from the
18General Revenue Fund to the Illinois Capital Revolving Loan
19Fund.
20    (gg) In addition to any other transfers that may be
21provided for by law, on and after July 1, 2006 and until May 1,
222007, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts not exceeding a total of
25$80,000,000 from the General Revenue Fund to the Tobacco
26Settlement Recovery Fund. Any amounts so transferred shall be

 

 

HB3855 Engrossed- 197 -LRB100 05985 AMC 16014 b

1retransferred by the State Comptroller and the State Treasurer
2from the Tobacco Settlement Recovery Fund to the General
3Revenue Fund at the direction of and upon notification from the
4Governor, but in any event on or before June 30, 2007.
5    (hh) In addition to any other transfers that may be
6provided for by law, on and after July 1, 2006 and until June
730, 2007, at the direction of and upon notification from the
8Governor, the State Comptroller shall direct and the State
9Treasurer shall transfer amounts from the Illinois Affordable
10Housing Trust Fund to the designated funds not exceeding the
11following amounts:
12    DCFS Children's Services Fund.................$2,200,000
13    Department of Corrections Reimbursement
14        and Education Fund........................$1,500,000
15    Supplemental Low-Income Energy
16        Assistance Fund..............................$75,000
17    (ii) In addition to any other transfers that may be
18provided for by law, on or before August 31, 2006, the Governor
19and the State Comptroller may agree to transfer the surplus
20cash balance from the General Revenue Fund to the Budget
21Stabilization Fund and the Pension Stabilization Fund in equal
22proportions. The determination of the amount of the surplus
23cash balance shall be made by the Governor, with the
24concurrence of the State Comptroller, after taking into account
25the June 30, 2006 balances in the general funds and the actual
26or estimated spending from the general funds during the lapse

 

 

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

 

 

HB3855 Engrossed- 199 -LRB100 05985 AMC 16014 b

1provided for by law, on July 1, 2006, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $3,000,000 from the General
4Revenue Fund to the African-American HIV/AIDS Response Fund.
5    (oo) In addition to any other transfers that may be
6provided for by law, on and after July 1, 2006 and until June
730, 2007, at the direction of and upon notification from the
8Governor, the State Comptroller shall direct and the State
9Treasurer shall transfer amounts identified as net receipts
10from the sale of all or part of the Illinois Student Assistance
11Commission loan portfolio from the Student Loan Operating Fund
12to the General Revenue Fund. The maximum amount that may be
13transferred pursuant to this Section is $38,800,000. In
14addition, no transfer may be made pursuant to this Section that
15would have the effect of reducing the available balance in the
16Student Loan Operating Fund to an amount less than the amount
17remaining unexpended and unreserved from the total
18appropriations from the Fund estimated to be expended for the
19fiscal year. The State Treasurer and Comptroller shall transfer
20the amounts designated under this Section as soon as may be
21practical after receiving the direction to transfer from the
22Governor.
23    (pp) In addition to any other transfers that may be
24provided for by law, on July 1, 2006, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $2,000,000 from the General

 

 

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1Revenue Fund to the Illinois Veterans Assistance Fund.
2    (qq) In addition to any other transfers that may be
3provided for by law, on and after July 1, 2007 and until May 1,
42008, at the direction of and upon notification from the
5Governor, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts not exceeding a total of
7$80,000,000 from the General Revenue Fund to the Tobacco
8Settlement Recovery Fund. Any amounts so transferred shall be
9retransferred by the State Comptroller and the State Treasurer
10from the Tobacco Settlement Recovery Fund to the General
11Revenue Fund at the direction of and upon notification from the
12Governor, but in any event on or before June 30, 2008.
13    (rr) In addition to any other transfers that may be
14provided for by law, on and after July 1, 2007 and until June
1530, 2008, at the direction of and upon notification from the
16Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer amounts from the Illinois Affordable
18Housing Trust Fund to the designated funds not exceeding the
19following amounts:
20    DCFS Children's Services Fund.................$2,200,000
21    Department of Corrections Reimbursement
22        and Education Fund........................$1,500,000
23    Supplemental Low-Income Energy
24        Assistance Fund..............................$75,000
25    (ss) In addition to any other transfers that may be
26provided for by law, on July 1, 2007, or as soon thereafter as

 

 

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

 

 

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1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $5,000,000 from the General
3Revenue Fund to the Digital Divide Elimination Fund.
4    (yy) In addition to any other transfers that may be
5provided for by law, on July 1, 2007, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $4,000,000 from the General
8Revenue Fund to the Digital Divide Elimination Infrastructure
9Fund.
10    (zz) In addition to any other transfers that may be
11provided for by law, on July 1, 2008, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $5,000,000 from the General
14Revenue Fund to the Digital Divide Elimination Fund.
15    (aaa) In addition to any other transfers that may be
16provided for by law, on and after July 1, 2008 and until May 1,
172009, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts not exceeding a total of
20$80,000,000 from the General Revenue Fund to the Tobacco
21Settlement Recovery Fund. Any amounts so transferred shall be
22retransferred by the State Comptroller and the State Treasurer
23from the Tobacco Settlement Recovery Fund to the General
24Revenue Fund at the direction of and upon notification from the
25Governor, but in any event on or before June 30, 2009.
26    (bbb) In addition to any other transfers that may be

 

 

HB3855 Engrossed- 203 -LRB100 05985 AMC 16014 b

1provided for by law, on and after July 1, 2008 and until June
230, 2009, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts from the Illinois Affordable
5Housing Trust Fund to the designated funds not exceeding the
6following amounts:
7        DCFS Children's Services Fund.............$2,200,000
8        Department of Corrections Reimbursement
9        and Education Fund........................$1,500,000
10        Supplemental Low-Income Energy
11        Assistance Fund..............................$75,000
12    (ccc) In addition to any other transfers that may be
13provided for by law, on July 1, 2008, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $7,450,000 from the General
16Revenue Fund to the Presidential Library and Museum Operating
17Fund.
18    (ddd) In addition to any other transfers that may be
19provided for by law, on July 1, 2008, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $1,400,000 from the General
22Revenue Fund to the Violence Prevention Fund.
23    (eee) In addition to any other transfers that may be
24provided for by law, on July 1, 2009, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General

 

 

HB3855 Engrossed- 204 -LRB100 05985 AMC 16014 b

1Revenue Fund to the Digital Divide Elimination Fund.
2    (fff) In addition to any other transfers that may be
3provided for by law, on and after July 1, 2009 and until May 1,
42010, at the direction of and upon notification from the
5Governor, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts not exceeding a total of
7$80,000,000 from the General Revenue Fund to the Tobacco
8Settlement Recovery Fund. Any amounts so transferred shall be
9retransferred by the State Comptroller and the State Treasurer
10from the Tobacco Settlement Recovery Fund to the General
11Revenue Fund at the direction of and upon notification from the
12Governor, but in any event on or before June 30, 2010.
13    (ggg) In addition to any other transfers that may be
14provided for by law, on July 1, 2009, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $7,450,000 from the General
17Revenue Fund to the Presidential Library and Museum Operating
18Fund.
19    (hhh) In addition to any other transfers that may be
20provided for by law, on July 1, 2009, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $1,400,000 from the General
23Revenue Fund to the Violence Prevention Fund.
24    (iii) In addition to any other transfers that may be
25provided for by law, on July 1, 2009, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

 

 

HB3855 Engrossed- 205 -LRB100 05985 AMC 16014 b

1Treasurer shall transfer the sum of $100,000 from the General
2Revenue Fund to the Heartsaver AED Fund.
3    (jjj) In addition to any other transfers that may be
4provided for by law, on and after July 1, 2009 and until June
530, 2010, at the direction of and upon notification from the
6Governor, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts not exceeding a total of
8$17,000,000 from the General Revenue Fund to the DCFS
9Children's Services Fund.
10    (lll) In addition to any other transfers that may be
11provided for by law, on July 1, 2009, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $5,000,000 from the General
14Revenue Fund to the Communications Revolving Fund.
15    (mmm) In addition to any other transfers that may be
16provided for by law, on July 1, 2009, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $9,700,000 from the General
19Revenue Fund to the Senior Citizens Real Estate Deferred Tax
20Revolving Fund.
21    (nnn) In addition to any other transfers that may be
22provided for by law, on July 1, 2009, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $565,000 from the FY09
25Budget Relief Fund to the Horse Racing Fund.
26    (ooo) In addition to any other transfers that may be

 

 

HB3855 Engrossed- 206 -LRB100 05985 AMC 16014 b

1provided by law, on July 1, 2009, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $600,000 from the General
4Revenue Fund to the Temporary Relocation Expenses Revolving
5Fund.
6    (ppp) In addition to any other transfers that may be
7provided for by law, on July 1, 2010, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $5,000,000 from the General
10Revenue Fund to the Digital Divide Elimination Fund.
11    (qqq) In addition to any other transfers that may be
12provided for by law, on and after July 1, 2010 and until May 1,
132011, at the direction of and upon notification from the
14Governor, the State Comptroller shall direct and the State
15Treasurer shall transfer amounts not exceeding a total of
16$80,000,000 from the General Revenue Fund to the Tobacco
17Settlement Recovery Fund. Any amounts so transferred shall be
18retransferred by the State Comptroller and the State Treasurer
19from the Tobacco Settlement Recovery Fund to the General
20Revenue Fund at the direction of and upon notification from the
21Governor, but in any event on or before June 30, 2011.
22    (rrr) In addition to any other transfers that may be
23provided for by law, on July 1, 2010, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $6,675,000 from the General
26Revenue Fund to the Presidential Library and Museum Operating

 

 

HB3855 Engrossed- 207 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 208 -LRB100 05985 AMC 16014 b

1    (xxx) In addition to any other transfers that may be
2provided for by law, on July 1, 2010, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $2,000,000 from the Digital
5Divide Elimination Infrastructure Fund, of which $1,000,000
6shall go to the Workforce, Technology, and Economic Development
7Fund and $1,000,000 to the Public Utility Fund.
8    (yyy) In addition to any other transfers that may be
9provided for by law, on and after July 1, 2011 and until May 1,
102012, at the direction of and upon notification from the
11Governor, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts not exceeding a total of
13$80,000,000 from the General Revenue Fund to the Tobacco
14Settlement Recovery Fund. Any amounts so transferred shall be
15retransferred by the State Comptroller and the State Treasurer
16from the Tobacco Settlement Recovery Fund to the General
17Revenue Fund at the direction of and upon notification from the
18Governor, but in any event on or before June 30, 2012.
19    (zzz) In addition to any other transfers that may be
20provided for by law, on July 1, 2011, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $1,000,000 from the General
23Revenue Fund to the Illinois Veterans Assistance Fund.
24    (aaaa) In addition to any other transfers that may be
25provided for by law, on July 1, 2011, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

 

 

HB3855 Engrossed- 209 -LRB100 05985 AMC 16014 b

1Treasurer shall transfer the sum of $8,000,000 from the General
2Revenue Fund to the Presidential Library and Museum Operating
3Fund.
4    (bbbb) In addition to any other transfers that may be
5provided for by law, on July 1, 2011, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $1,400,000 from the General
8Revenue Fund to the Violence Prevention Fund.
9    (cccc) In addition to any other transfers that may be
10provided for by law, on July 1, 2011, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $14,100,000 from the
13General Revenue Fund to the State Garage Revolving Fund.
14    (dddd) In addition to any other transfers that may be
15provided for by law, on July 1, 2011, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $4,000,000 from the General
18Revenue Fund to the Digital Divide Elimination Fund.
19    (eeee) In addition to any other transfers that may be
20provided for by law, on July 1, 2011, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $500,000 from the General
23Revenue Fund to the Senior Citizens Real Estate Deferred Tax
24Revolving Fund.
25(Source: P.A. 96-45, eff. 7-15-09; 96-820, eff. 11-18-09;
2696-959, eff. 7-1-10; 97-72, eff. 7-1-11; 97-641, eff. 12-19-11;

 

 

HB3855 Engrossed- 210 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 211 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 212 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 213 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 214 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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1and Section 10.19 of the Illinois Police Training Act.
2(Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17;
399-745, eff. 8-5-16; 99-905, eff. 11-29-16; revised 12-7-16.)
 
4    Section 220. The Illinois Income Tax Act is amended by
5changing Sections 304, 507GG, and 709.5 as follows:
 
6    (35 ILCS 5/304)  (from Ch. 120, par. 3-304)
7    Sec. 304. Business income of persons other than residents.
8    (a) In general. The business income of a person other than
9a resident shall be allocated to this State if such person's
10business income is derived solely from this State. If a person
11other than a resident derives business income from this State
12and one or more other states, then, for tax years ending on or
13before December 30, 1998, and except as otherwise provided by
14this Section, such person's business income shall be
15apportioned to this State by multiplying the income by a
16fraction, the numerator of which is the sum of the property
17factor (if any), the payroll factor (if any) and 200% of the
18sales factor (if any), and the denominator of which is 4
19reduced by the number of factors other than the sales factor
20which have a denominator of zero and by an additional 2 if the
21sales factor has a denominator of zero. For tax years ending on
22or after December 31, 1998, and except as otherwise provided by
23this Section, persons other than residents who derive business
24income from this State and one or more other states shall

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 246 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 247 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 248 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 249 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 250 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    limitation receipts from the provision of matching,
2    execution, or clearing services to another entity,
3    multiplied by (i) for taxable years ending on or after
4    December 31, 2012 but before December 31, 2013, 63.77%; and
5    (ii) for taxable years ending on or after December 31,
6    2013, 27.54%.
7        (3) All other receipts not governed by subparagraphs
8    (1) or (2) of this subsection (c-1), to the extent the
9    receipts would be characterized as "sales in this State"
10    under item (3) of subsection (a) of this Section.
11    "Federally regulated exchange" means (i) a "registered
12entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),
13or (C), (ii) an "exchange" or "clearing agency" within the
14meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such
15entities regulated under any successor regulatory structure to
16the foregoing, and (iv) all taxpayers who are members of the
17same unitary business group as a federally regulated exchange,
18determined without regard to the prohibition in Section
191501(a)(27) of this Act against including in a unitary business
20group taxpayers who are ordinarily required to apportion
21business income under different subsections of this Section;
22provided that this subparagraph (iv) shall apply only if 50% or
23more of the business receipts of the unitary business group
24determined by application of this subparagraph (iv) for the
25taxable year are attributable to the matching, execution, or
26clearing of transactions conducted by an entity described in

 

 

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

 

 

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

 

 

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

 

 

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1    the denominator of which is the revenue miles of the person
2    everywhere. For purposes of this paragraph, a revenue mile
3    is the transportation of one passenger or one net ton of
4    freight the distance of one mile for a consideration. If a
5    person is engaged in the transportation of both passengers
6    and freight, the fraction above referred to shall be
7    determined by means of an average of the passenger revenue
8    mile fraction and the freight revenue mile fraction,
9    weighted to reflect the person's relative gross receipts
10    from passenger and freight airline transportation.
11    (e) Combined apportionment. Where 2 or more persons are
12engaged in a unitary business as described in subsection
13(a)(27) of Section 1501, a part of which is conducted in this
14State by one or more members of the group, the business income
15attributable to this State by any such member or members shall
16be apportioned by means of the combined apportionment method.
17    (f) Alternative allocation. If the allocation and
18apportionment provisions of subsections (a) through (e) and of
19subsection (h) do not, for taxable years ending before December
2031, 2008, fairly represent the extent of a person's business
21activity in this State, or, for taxable years ending on or
22after December 31, 2008, fairly represent the market for the
23person's goods, services, or other sources of business income,
24the person may petition for, or the Director may, without a
25petition, permit or require, in respect of all or any part of
26the person's business activity, if reasonable:

 

 

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

 

 

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

 

 

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1    (a) In general. For each taxable year ending on or after
2December 31, 2008, every partnership (other than a publicly
3traded partnership under Section 7704 of the Internal Revenue
4Code or investment partnership), Subchapter S corporation, and
5trust must withhold from each nonresident partner,
6shareholder, or beneficiary (other than a partner,
7shareholder, or beneficiary who is exempt from tax under
8Section 501(a) of the Internal Revenue Code or under Section
9205 of this Act, who is included on a composite return filed by
10the partnership or Subchapter S corporation for the taxable
11year under subsection (f) of Section 502 of this Act), or who
12is a retired partner, to the extent that partner's
13distributions are exempt from tax under Section 203(a)(2)(F) of
14this Act) an amount equal to the sum of (i) the share of
15business income of the partnership, Subchapter S corporation,
16or trust apportionable to Illinois plus (ii) for taxable years
17ending on or after December 31, 2014, the share of nonbusiness
18income of the partnership, Subchapter S corporation, or trust
19allocated to Illinois under Section 303 of this Act (other than
20an amount allocated to the commercial domicile of the taxpayer
21under Section 303 of this Act) that is distributable to that
22partner, shareholder, or beneficiary under Sections 702 and 704
23and Subchapter S of the Internal Revenue Code, whether or not
24distributed, (iii) multiplied by the applicable rates of tax
25for that partner, shareholder, or beneficiary under
26subsections (a) through (d) of Section 201 of this Act, and

 

 

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

 

 

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

 

 

HB3855 Engrossed- 269 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 270 -LRB100 05985 AMC 16014 b

1is under $300, any distributor who fails to file a return,
2willfully fails or refuses to make any payment to the
3Department of the tax imposed by this Act, or files a
4fraudulent return, or any officer or agent of a corporation
5engaged in the business of distributing tobacco products to
6retailers and consumers located in this State who signs a
7fraudulent return filed on behalf of the corporation, or any
8accountant or other agent who knowingly enters false
9information on the return of any taxpayer under this Act is
10guilty of a Class 4 felony.
11    Any person who violates any provision of Section Sections
1210-20, 10-21, or 10-22 of this Act, fails to keep books and
13records as required under this Act, or willfully violates a
14rule or regulation of the Department for the administration and
15enforcement of this Act is guilty of a Class 4 felony. A person
16commits a separate offense on each day that he or she engages
17in business in violation of Section Sections 10-20, 10-21, or
1810-22 of this Act.
19    When the amount due is under $300, any person who accepts
20money that is due to the Department under this Act from a
21taxpayer for the purpose of acting as the taxpayer's agent to
22make the payment to the Department, but who fails to remit the
23payment to the Department when due, is guilty of a Class 4
24felony.
25    Any person who violates any provision of Sections 10-20,
2610-21 and 10-22 of this Act, fails to keep books and records as

 

 

HB3855 Engrossed- 271 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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1hearing must be held in Sangamon County unless the taxpayer
2asserts a right to be tried in another venue.
3    Any taxpayer or agent of a taxpayer who with the intent to
4defraud purports to make a payment due to the Department by
5issuing or delivering a check or other order upon a real or
6fictitious depository for the payment of money, knowing that it
7will not be paid by the depository, is guilty of a deceptive
8practice in violation of Section 17-1 of the Criminal Code of
92012.
10    A prosecution for a violation described in this Section may
11be commenced within 3 years after the commission of the act
12constituting the violation.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-1055, eff. 1-1-16;
14revised 9-12-16.)
 
15    Section 230. The Property Tax Code is amended by changing
16Sections 11-25, 12-35, 15-176, 21-380, and 31-45 as follows:
 
17    (35 ILCS 200/11-25)
18    Sec. 11-25. Certification procedure. Application for a
19pollution control facility certificate shall be filed with the
20Pollution Control Board in a manner and form prescribed in
21regulations issued by that board. The application shall contain
22appropriate and available descriptive information concerning
23anything claimed to be entitled in whole or in part to tax
24treatment as a pollution control facility. If it is found that

 

 

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1the claimed facility or relevant portion thereof is a pollution
2control facility as defined in Section 11-10, the Pollution
3Control Board, acting through its Chairman or his or her
4specifically authorized delegate, shall enter a finding and
5issue a certificate to that effect. The certificate shall
6require tax treatment as a pollution control facility, but only
7for the portion certified if only a portion is certified. The
8effective date of a certificate shall be the date of
9application for the certificate or the date of the construction
10of the facility, whichever which ever is later.
11(Source: P.A. 76-2451; 88-455; revised 9-13-16.)
 
12    (35 ILCS 200/12-35)
13    Sec. 12-35. Notice sent to address of mortgage lender.
14Whenever a notice is to be mailed as provided in Section
15Sections 12-30, and the address that appears on the assessor's
16records is the address of a mortgage lender, or in any event
17whenever the notice is mailed by the township assessor or chief
18county assessment officer to a taxpayer at or in care of the
19address of a mortgage lender, the mortgage lender, within 15
20days of the mortgage lender's receipt of the notice, shall mail
21a copy of the notice to each mortgagor of the property referred
22to in the notice at the last known address of each mortgagor as
23shown on the records of the mortgage lender.
24(Source: P.A. 86-415; 86-1481; 87-1189; 88-455; revised
259-12-16.)
 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (7) "Life care facility" means a facility as defined in
2    Section 2 of the Life Care Facilities Act.
3    (c) If the property did not have a residential equalized
4assessed value for the base year as provided in subdivision
5(b)(3)(A) of this Section, then the assessor shall first
6determine an initial value for the property by comparison with
7assessed values for the base year of other properties having
8physical and economic characteristics similar to those of the
9subject property, so that the initial value is uniform in
10relation to assessed values of those other properties for the
11base year. The product of the initial value multiplied by the
12equalized factor for the base year for homestead properties in
13that county, less: (i) $4,500 in Cook County or $3,500 in all
14other counties in tax year years 2003; (ii) $5,000 in all
15counties in tax years year 2004 and 2005; and (iii) the lesser
16of the amount of the general homestead exemption under Section
1715-175 or an amount equal to the increase in the equalized
18assessed value for the current tax year above the equalized
19assessed value for 1977 in tax year 2006 and thereafter, is the
20base homestead value.
21    For any tax year for which the assessor determines or
22adjusts an initial value and hence a base homestead value under
23this subsection (c), the initial value shall be subject to
24review by the same procedures applicable to assessed values
25established under this Code for that tax year.
26    (d) The base homestead value shall remain constant, except

 

 

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

 

 

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

 

 

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1        for taxable year 2012; and $12,000 for taxable year
2        2013.
3    (1.5) In Cook County, for the 2006 taxable year only, the
4maximum amount of the exemption set forth under subsection
5(e)(1.1)(i) of this Section may be increased: (i) by $7,000 if
6the equalized assessed value of the property in that taxable
7year exceeds the equalized assessed value of that property in
82002 by 100% or more; or (ii) by $2,000 if the equalized
9assessed value of the property in that taxable year exceeds the
10equalized assessed value of that property in 2002 by more than
1180% but less than 100%.
12        (2) In the case of homestead property that also
13    qualifies for the exemption under Section 15-172, the
14    property is entitled to the exemption under this Section,
15    limited to the amount of (i) $4,500 in Cook County or
16    $3,500 in all other counties in tax year 2003, (ii) $5,000
17    in all counties in tax years 2004 and 2005, or (iii) the
18    lesser of the amount of the general homestead exemption
19    under Section 15-175 or an amount equal to the increase in
20    the equalized assessed value for the current tax year above
21    the equalized assessed value for 1977 in tax year 2006 and
22    thereafter.
23    (f) In the case of an apartment building owned and operated
24as a cooperative, or as a life care facility, that contains
25residential units that qualify as homestead property under this
26Section, the maximum cumulative exemption amount attributed to

 

 

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

 

 

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1year, at the time the assessment books are certified to the
2county clerk by the board of review, the assessor shall furnish
3to the county clerk a list of the properties qualified for the
4homestead exemption under this Section. The list shall note the
5base homestead value of each property to be used in the
6calculation of the exemption for the current tax year.
7    (j) In counties with 3,000,000 or more inhabitants, the
8provisions of this Section apply as follows:
9        (1) If the general assessment year for the property is
10    2003, this Section applies for assessment years 2003
11    through 2011. Thereafter, the provisions of Section 15-175
12    apply.
13        (2) If the general assessment year for the property is
14    2004, this Section applies for assessment years 2004
15    through 2012. Thereafter, the provisions of Section 15-175
16    apply.
17        (3) If the general assessment year for the property is
18    2005, this Section applies for assessment years 2005
19    through 2013. Thereafter, the provisions of Section 15-175
20    apply.
21    In counties with less than 3,000,000 inhabitants, this
22Section applies for assessment years (i) 2009, 2010, 2011, and
232012 if tax year 2008 is the designated base year or (ii) 2010,
242011, 2012, and 2013 if tax year 2009 is the designated base
25year. Thereafter, the provisions of Section 15-175 apply.
26    (k) To be subject to the provisions of this Section in lieu

 

 

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1of Section 15-175, a county must adopt an ordinance to subject
2itself to the provisions of this Section within 6 months after
3August 2, 2010 (the effective date of Public Act 96-1418) this
4amendatory Act of the 96th General Assembly. In a county other
5than Cook County, the ordinance must designate either tax year
62008 or tax year 2009 as the base year.
7    (l) Notwithstanding Sections 6 and 8 of the State Mandates
8Act, no reimbursement by the State is required for the
9implementation of any mandate created by this Section.
10(Source: P.A. 95-644, eff 10-12-07; 96-1418, eff. 8-2-10;
11revised 9-13-16.)
 
12    (35 ILCS 200/21-380)
13    Sec. 21-380. Redemption under protest. Any person
14redeeming under this Section at a time subsequent to the filing
15of a petition under Section 22-30 or 21-445, who desires to
16preserve his or her right to defend against the petition for a
17tax deed, shall accompany the deposit for redemption with a
18writing substantially in the following form:
19
Redemption Under Protest
20Tax Deed Case No. ...........................................
21Vol. No. ....................................................
22Property Index No.
23    or Legal Description. ...................................
24Original Amount of Tax $. ...................................
25Amount Deposited for Redemption $. ..........................

 

 

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1Name of Petitioner. .........................................
2Tax Year Included in Judgment. ..............................
3Date of Sale. ...............................................
4Expiration Date of the Period of Redemption. ................
5To the county clerk of ........ County:
6    This redemption is made under protest for the following
7reasons: (here set forth and specify the grounds relied upon
8for the objection)
9Name of party redeeming. ....................................
10Address. ....................................................
11    Any grounds for the objection not specified at the time of
12the redemption under protest shall not be considered by the
13court. The specified grounds for the objections shall be
14limited to those defenses as would provide sufficient basis to
15deny entry of an order for issuance of a tax deed. Nothing in
16this Section shall be construed to authorize or revive any
17objection to the tax sale or underlying taxes which was
18estopped by entry of the order for sale as set forth in Section
1922-75.
20    The person protesting shall present to the county clerk 3
21copies of the written protest signed by himself or herself. The
22clerk shall write or stamp the date of receipt upon the copies
23and sign them. He or she shall retain one of the copies,
24another he or she shall deliver to the person making the
25redemption, who shall file the copy with the clerk of the court
26in which the tax deed petition is pending, and the third he or

 

 

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1she shall forward to the petitioner named therein.
2    The county clerk shall enter the redemption as provided in
3Section 21-230 and shall note the redemption under protest. The
4redemption money so deposited shall not be distributed to the
5holder of the certificate of purchase but shall be retained by
6the county clerk pending disposition of the petition filed
7under Section 22-30.
8    Redemption under protest constitutes the appearance of the
9person protesting in the proceedings under Sections Section
1022-30 through 22-55 and that person shall present a defense to
11the petition for tax deed at the time which the court directs.
12Failure to appear and defend shall constitute a waiver of the
13protest and the court shall order the redemption money
14distributed to the holder of the certificate of purchase upon
15surrender of that certificate and shall dismiss the
16proceedings.
17    When the party redeeming appears and presents a defense,
18the court shall hear and determine the matter. If the defense
19is not sustained, the court shall order the protest stricken
20and direct the county clerk to distribute the redemption money
21upon surrender of the certificate of purchase and shall order
22the party redeeming to pay the petitioner reasonable expenses,
23actually incurred, including the cost of withheld redemption
24money, together with a reasonable attorneys fee. Upon a finding
25sustaining the protest in whole or in part, the court may
26declare the sale to be a sale in error under Section 21-310 or

 

 

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1Section 22-45, and shall direct the county clerk to return all
2or part of the redemption money or deposit to the party
3redeeming.
4(Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028;
586-1158; 86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189;
688-455; revised 9-14-16.)
 
7    (35 ILCS 200/31-45)
8    Sec. 31-45. Exemptions. The following deeds or trust
9documents shall be exempt from the provisions of this Article
10except as provided in this Section:
11        (a) Deeds representing real estate transfers made
12    before January 1, 1968, but recorded after that date and
13    trust documents executed before January 1, 1986, but
14    recorded after that date.
15        (b) Deeds to or trust documents relating to (1)
16    property acquired by any governmental body or from any
17    governmental body, (2) property or interests transferred
18    between governmental bodies, or (3) property acquired by or
19    from any corporation, society, association, foundation or
20    institution organized and operated exclusively for
21    charitable, religious or educational purposes. However,
22    deeds or trust documents, other than those in which the
23    Administrator of Veterans Veterans' Affairs of the United
24    States is the grantee pursuant to a foreclosure proceeding,
25    shall not be exempt from filing the declaration.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Department and the unit of local government required under this
2Section, which sum shall be retained by the State Treasurer.
3    (ii) With respect to the amount to be retained by the State
4Treasurer pursuant to subparagraph (i), the Department, at the
5time of each monthly disbursement to the units of local
6government, shall prepare and certify to the Comptroller the
7amount so retained by the State Treasurer, which shall be
8transferred into the Tax Compliance and Administration Fund and
9used by the Department, subject to appropriation, to cover the
10costs incurred by the Department in collecting taxes and
11penalties.
12    (2) Within 10 days after receiving the certifications
13described in paragraph (1), the Comptroller shall issue orders
14for payment of the amounts specified in subparagraph (i) of
15paragraph (1).
16    (d) Any unit of local government which imposes a tax
17collected by the Department pursuant to this Section must file
18a certified copy of the ordinance imposing the tax with the
19Department within 10 days after its passage. Beginning on June
2030, 2016 (the effective date of Public Act 99-517) this
21amendatory Act of the 99th General Assembly, an ordinance or
22resolution imposing or discontinuing a tax collected by the
23Department under this Section or effecting a change in the rate
24thereof shall either (i) be adopted and a certified copy
25thereof filed with the Department on or before the first day of
26April, whereupon the Department shall proceed to administer and

 

 

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1enforce the tax imposition, discontinuance, or rate change as
2of the first day of July next following the adoption and
3filing; or (ii) be adopted and certified copy thereof filed
4with the Department on or before the first day of October,
5whereupon the Department shall proceed to administer and
6enforce the tax imposition, discontinuance, or rate change as
7of the first day of January next following the adoption and
8filing.
9    (e) It is declared to be the law of this State, pursuant to
10paragraph (g) of Section 6 of Article VII of the Illinois
11Constitution, that Public Act 85-1215 this amendatory Act of
121988 is a denial of the power of a home rule unit to fail to
13comply with the requirements of subsection paragraphs (d) and
14(e) of this Section.
15(Source: P.A. 99-517, eff. 6-30-16; revised 10-31-16.)
 
16    Section 240. The Illinois Pension Code is amended by
17changing Sections 1-113, 1-113.4, 1-160, 4-106.1, 4-121,
188-107.2, 8-114, 9-121.6, 11-116, 11-125.5, 18-125, and 22A-111
19as follows:
 
20    (40 ILCS 5/1-113)  (from Ch. 108 1/2, par. 1-113)
21    Sec. 1-113. Investment authority of certain pension funds,
22not including those established under Article 3 or 4. The
23investment authority of a board of trustees of a retirement
24system or pension fund established under this Code shall, if so

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1principles and accounting procedures approved by such board.
2(Source: P.A. 92-53, eff. 7-12-01; revised 9-2-16.)
 
3    (40 ILCS 5/1-113.4)
4    Sec. 1-113.4. List of additional permitted investments for
5pension funds with net assets of $5,000,000 or more.
6    (a) In addition to the items in Sections 1-113.2 and
71-113.3, a pension fund established under Article 3 or 4 that
8has net assets of at least $5,000,000 and has appointed an
9investment adviser under Section 1-113.5 may, through that
10investment adviser, invest a portion of its assets in common
11and preferred stocks authorized for investments of trust funds
12under the laws of the State of Illinois. The stocks must meet
13all of the following requirements:
14        (1) The common stocks are listed on a national
15    securities exchange or board of trade (as defined in the
16    federal Securities Exchange Act of 1934 and set forth in
17    subdivision G of Section 3 Section 3.G of the Illinois
18    Securities Law of 1953) or quoted in the National
19    Association of Securities Dealers Automated Quotation
20    System National Market System (NASDAQ NMS).
21        (2) The securities are of a corporation created or
22    existing under the laws of the United States or any state,
23    district, or territory thereof and the corporation has been
24    in existence for at least 5 years.
25        (3) The corporation has not been in arrears on payment

 

 

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

 

 

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1    (40 ILCS 5/1-160)
2    (Text of Section WITH the changes made by P.A. 98-641,
3which has been held unconstitutional)
4    Sec. 1-160. Provisions applicable to new hires.
5    (a) The provisions of this Section apply to a person who,
6on or after January 1, 2011, first becomes a member or a
7participant under any reciprocal retirement system or pension
8fund established under this Code, other than a retirement
9system or pension fund established under Article 2, 3, 4, 5, 6,
1015 or 18 of this Code, notwithstanding any other provision of
11this Code to the contrary, but do not apply to any self-managed
12plan established under this Code, to any person with respect to
13service as a sheriff's law enforcement employee under Article
147, or to any participant of the retirement plan established
15under Section 22-101. Notwithstanding anything to the contrary
16in this Section, for purposes of this Section, a person who
17participated in a retirement system under Article 15 prior to
18January 1, 2011 shall be deemed a person who first became a
19member or participant prior to January 1, 2011 under any
20retirement system or pension fund subject to this Section. The
21changes made to this Section by Public Act 98-596 are a
22clarification of existing law and are intended to be
23retroactive to the effective date of Public Act 96-889,
24notwithstanding the provisions of Section 1-103.1 of this Code.
25    (b) "Final average salary" means the average monthly (or
26annual) salary obtained by dividing the total salary or

 

 

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

 

 

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1$106,800; however, that amount shall annually thereafter be
2increased by the lesser of (i) 3% of that amount, including all
3previous adjustments, or (ii) one-half the annual unadjusted
4percentage increase (but not less than zero) in the consumer
5price index-u for the 12 months ending with the September
6preceding each November 1, including all previous adjustments.
7    For the purposes of this Section, "consumer price index-u"
8means the index published by the Bureau of Labor Statistics of
9the United States Department of Labor that measures the average
10change in prices of goods and services purchased by all urban
11consumers, United States city average, all items, 1982-84 =
12100. The new amount resulting from each annual adjustment shall
13be determined by the Public Pension Division of the Department
14of Insurance and made available to the boards of the retirement
15systems and pension funds by November 1 of each year.
16    (c) A member or participant is entitled to a retirement
17annuity upon written application if he or she has attained age
1867 (beginning January 1, 2015, age 65 with respect to service
19under Article 8, 11, or 12 of this Code that is subject to this
20Section) and has at least 10 years of service credit and is
21otherwise eligible under the requirements of the applicable
22Article.
23    A member or participant who has attained age 62 (beginning
24January 1, 2015, age 60 with respect to service under Article
258, 11, or 12 of this Code that is subject to this Section) and
26has at least 10 years of service credit and is otherwise

 

 

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1eligible under the requirements of the applicable Article may
2elect to receive the lower retirement annuity provided in
3subsection (d) of this Section.
4    (d) The retirement annuity of a member or participant who
5is retiring after attaining age 62 (beginning January 1, 2015,
6age 60 with respect to service under Article 8, 11, or 12 of
7this Code that is subject to this Section) with at least 10
8years of service credit shall be reduced by one-half of 1% for
9each full month that the member's age is under age 67
10(beginning January 1, 2015, age 65 with respect to service
11under Article 8, 11, or 12 of this Code that is subject to this
12Section).
13    (e) Any retirement annuity or supplemental annuity shall be
14subject to annual increases on the January 1 occurring either
15on or after the attainment of age 67 (beginning January 1,
162015, age 65 with respect to service under Article 8, 11, or 12
17of this Code that is subject to this Section) or the first
18anniversary (the second anniversary with respect to service
19under Article 8 or 11) of the annuity start date, whichever is
20later. Each annual increase shall be calculated at 3% or
21one-half the annual unadjusted percentage increase (but not
22less than zero) in the consumer price index-u for the 12 months
23ending with the September preceding each November 1, whichever
24is less, of the originally granted retirement annuity. If the
25annual unadjusted percentage change in the consumer price
26index-u for the 12 months ending with the September preceding

 

 

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1each November 1 is zero or there is a decrease, then the
2annuity shall not be increased.
3    Notwithstanding any provision of this Section to the
4contrary, with respect to service under Article 8 or 11 of this
5Code that is subject to this Section, no annual increase under
6this subsection shall be paid or accrue to any person in year
72025. In all other years, the Fund shall continue to pay annual
8increases as provided in this Section.
9    Notwithstanding Section 1-103.1 of this Code, the changes
10in this amendatory Act of the 98th General Assembly are
11applicable without regard to whether the employee was in active
12service on or after the effective date of this amendatory Act
13of the 98th General Assembly.
14    (f) The initial survivor's or widow's annuity of an
15otherwise eligible survivor or widow of a retired member or
16participant who first became a member or participant on or
17after January 1, 2011 shall be in the amount of 66 2/3% of the
18retired member's or participant's retirement annuity at the
19date of death. In the case of the death of a member or
20participant who has not retired and who first became a member
21or participant on or after January 1, 2011, eligibility for a
22survivor's or widow's annuity shall be determined by the
23applicable Article of this Code. The initial benefit shall be
2466 2/3% of the earned annuity without a reduction due to age. A
25child's annuity of an otherwise eligible child shall be in the
26amount prescribed under each Article if applicable. Any

 

 

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

 

 

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

 

 

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1annuity or retirement pension, as well as his or her
2contractual employer, of his or her retirement status before
3accepting contractual employment. A person who fails to submit
4such notification shall be guilty of a Class A misdemeanor and
5required to pay a fine of $1,000. Upon termination of that
6contractual employment, the person's retirement annuity or
7retirement pension payments shall resume and, if appropriate,
8be recalculated under the applicable provisions of this Code.
9    (i) (Blank).
10    (j) In the case of a conflict between the provisions of
11this Section and any other provision of this Code, the
12provisions of this Section shall control.
13(Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596,
14eff. 11-19-13; 98-622, eff. 6-1-14; 98-641, eff. 6-9-14.)
 
15    (Text of Section WITHOUT the changes made by P.A. 98-641,
16which has been held unconstitutional)
17    Sec. 1-160. Provisions applicable to new hires.
18    (a) The provisions of this Section apply to a person who,
19on or after January 1, 2011, first becomes a member or a
20participant under any reciprocal retirement system or pension
21fund established under this Code, other than a retirement
22system or pension fund established under Article 2, 3, 4, 5, 6,
2315 or 18 of this Code, notwithstanding any other provision of
24this Code to the contrary, but do not apply to any self-managed
25plan established under this Code, to any person with respect to

 

 

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1service as a sheriff's law enforcement employee under Article
27, or to any participant of the retirement plan established
3under Section 22-101. Notwithstanding anything to the contrary
4in this Section, for purposes of this Section, a person who
5participated in a retirement system under Article 15 prior to
6January 1, 2011 shall be deemed a person who first became a
7member or participant prior to January 1, 2011 under any
8retirement system or pension fund subject to this Section. The
9changes made to this Section by Public Act 98-596 this
10amendatory Act of the 98th General Assembly are a clarification
11of existing law and are intended to be retroactive to January
121, 2011 (the effective date of Public Act 96-889),
13notwithstanding the provisions of Section 1-103.1 of this Code.
14    (b) "Final average salary" means the average monthly (or
15annual) salary obtained by dividing the total salary or
16earnings calculated under the Article applicable to the member
17or participant during the 96 consecutive months (or 8
18consecutive years) of service within the last 120 months (or 10
19years) of service in which the total salary or earnings
20calculated under the applicable Article was the highest by the
21number of months (or years) of service in that period. For the
22purposes of a person who first becomes a member or participant
23of any retirement system or pension fund to which this Section
24applies on or after January 1, 2011, in this Code, "final
25average salary" shall be substituted for the following:
26        (1) In Article 7 (except for service as sheriff's law

 

 

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

 

 

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1100. The new amount resulting from each annual adjustment shall
2be determined by the Public Pension Division of the Department
3of Insurance and made available to the boards of the retirement
4systems and pension funds by November 1 of each year.
5    (c) A member or participant is entitled to a retirement
6annuity upon written application if he or she has attained age
767 (beginning January 1, 2015, age 65 with respect to service
8under Article 12 of this Code that is subject to this Section)
9and has at least 10 years of service credit and is otherwise
10eligible under the requirements of the applicable Article.
11    A member or participant who has attained age 62 (beginning
12January 1, 2015, age 60 with respect to service under Article
1312 of this Code that is subject to this Section) and has at
14least 10 years of service credit and is otherwise eligible
15under the requirements of the applicable Article may elect to
16receive the lower retirement annuity provided in subsection (d)
17of this Section.
18    (d) The retirement annuity of a member or participant who
19is retiring after attaining age 62 (beginning January 1, 2015,
20age 60 with respect to service under Article 12 of this Code
21that is subject to this Section) with at least 10 years of
22service credit shall be reduced by one-half of 1% for each full
23month that the member's age is under age 67 (beginning January
241, 2015, age 65 with respect to service under Article 12 of
25this Code that is subject to this Section).
26    (e) Any retirement annuity or supplemental annuity shall be

 

 

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1subject to annual increases on the January 1 occurring either
2on or after the attainment of age 67 (beginning January 1,
32015, age 65 with respect to service under Article 12 of this
4Code that is subject to this Section) or the first anniversary
5of the annuity start date, whichever is later. Each annual
6increase shall be calculated at 3% or one-half the annual
7unadjusted percentage increase (but not less than zero) in the
8consumer price index-u for the 12 months ending with the
9September preceding each November 1, whichever is less, of the
10originally granted retirement annuity. If the annual
11unadjusted percentage change in the consumer price index-u for
12the 12 months ending with the September preceding each November
131 is zero or there is a decrease, then the annuity shall not be
14increased.
15    (f) The initial survivor's or widow's annuity of an
16otherwise eligible survivor or widow of a retired member or
17participant who first became a member or participant on or
18after January 1, 2011 shall be in the amount of 66 2/3% of the
19retired member's or participant's retirement annuity at the
20date of death. In the case of the death of a member or
21participant who has not retired and who first became a member
22or participant on or after January 1, 2011, eligibility for a
23survivor's or widow's annuity shall be determined by the
24applicable Article of this Code. The initial benefit shall be
2566 2/3% of the earned annuity without a reduction due to age. A
26child's annuity of an otherwise eligible child shall be in the

 

 

HB3855 Engrossed- 319 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 320 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 326 -LRB100 05985 AMC 16014 b

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

 

 

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1"House of Correction Employees' Pension Act": "An Act to
2provide for the setting apart, formation and disbursement of a
3house of correction employees pension fund in cities having a
4population exceeding 150,000 inhabitants", approved June 10,
51911, as amended, and as continued in, or superseded by the
6"Illinois Pension Code", approved March 18, 1963, under Article
719, Division 1, Sections Secs. 19-101 to 19-119, both
8inclusive, as amended.
9(Source: P.A. 81-1509; revised 9-2-16.)
 
10    (40 ILCS 5/8-114)  (from Ch. 108 1/2, par. 8-114)
11    Sec. 8-114. Present employee. "Present employee":
12    (a) Any employee of an employer, or the board, on the day
13before the effective date.
14    (b) Any person who becomes an employee of the Board of
15Education on the day before the effective date and who on June
1630, 1923, was a contributor to any municipal pension fund in
17operation in the city on that date under the Public School
18Employees' Pension Act of 1903. Any such employee shall be
19considered a municipal employee during the entire time he has
20been in the service of the employer.
21    (c) Any person who becomes an employee of the municipal
22court or law department or Board of Election Commissioners on
23the day before the effective date, and who on December 31,
241959, was a participant in either of the funds in operation in
25the city on December 31, 1959, created under the Court and Law

 

 

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

 

 

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

 

 

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

 

 

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1such officer is disabled and that the disability is likely to
2be permanent.
3    (d) Refunds of additional optional contributions shall be
4made on the same basis and under the same conditions as
5provided under Sections Section 9-164, 9-166, and 9-167.
6Interest shall be credited at the effective rate on the same
7basis and under the same conditions as for other contributions.
8Optional contributions under this Section shall be included in
9the amount of employee contributions used to compute the tax
10levy under Section 9-169.
11    (e) The effective date of this plan of optional alternative
12benefits and contributions shall be January 1, 1988, or the
13date upon which approval is received from the U.S. Internal
14Revenue Service, whichever is later. The plan of optional
15alternative benefits and contributions shall not be available
16to any former county officer or employee receiving an annuity
17from the Fund on the effective date of the plan, unless he
18re-enters service as an elected county officer and renders at
19least 3 years of additional service after the date of re-entry.
20    (f) Any elected county officer who was entitled to receive
21a stipend from the State on or after July 1, 2009 and on or
22before June 30, 2010 may establish earnings credit for the
23amount of stipend not received, if the elected county official
24applies in writing to the fund within 6 months after July 2,
252010 (the effective date of Public Act 96-961) this amendatory
26Act of the 96th General Assembly and pays to the fund an amount

 

 

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1equal to (i) employee contributions on the amount of stipend
2not received, (ii) employer contributions determined by the
3Board equal to the employer's normal cost of the benefit on the
4amount of stipend not received, plus (iii) interest on items
5(i) and (ii) at the actuarially assumed rate.
6    (g) The plan of optional alternative benefits and
7contributions authorized under this Section applies only to
8county officers elected by vote of the people on or before
9January 1, 2008 (the effective date of Public Act 95-654).
10(Source: P.A. 95-369, eff. 8-23-07; 95-654, eff. 1-1-08;
1195-876, eff. 8-21-08; 96-961, eff. 7-2-10; revised 9-2-16.)
 
12    (40 ILCS 5/11-116)  (from Ch. 108 1/2, par. 11-116)
13    Sec. 11-116. Salary. "Salary": Annual salary of an employee
14as follows:
15    (a) Beginning on the effective date and prior to July 1,
161947, $3,000 shall be the maximum amount of annual salary of
17any employee to be considered for the purposes of this Article;
18and beginning on July 1, 1947 and prior to July 1, 1953 said
19maximum amount shall be $4,800; and beginning on July 1, 1953
20and prior to July 8, 1957, said maximum amount shall be $6,000;
21and beginning on July 8, 1957, if appropriated, fixed or
22arranged on an annual basis, the actual sum payable during the
23year if the employee worked the full normal working time in his
24position, at the rate of compensation, exclusive of overtime
25and final vacation, appropriated or fixed as salary or wages

 

 

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1for service in the position;
2    (b) If appropriated, fixed or arranged on other than an
3annual basis, beginning July 8, 1957, the applicable schedules
4specified in Section 11-217 shall be used for conversion of the
5salary to an annual basis;
6    (c) Beginning July 1, 1951, if the city provides lodging
7for an employee without charge, his salary shall be considered
8to be $120 a year more than the amount payable as salary for
9the year. The salary of an employee for whom daily meals are
10provided by the city shall be considered to be $120 a year more
11for each such daily meal than the amount payable as his salary
12for the year; .
13    (d) Beginning September 1, 1981, the salary of a person who
14was or is an employee of a Board of Education on or after that
15date shall include the amount of employee contributions, if
16any, picked up by the employer for that employee under Section
1711-170.1.
18(Source: P.A. 85-964; revised 9-2-16.)
 
19    (40 ILCS 5/11-125.5)  (from Ch. 108 1/2, par. 11-125.5)
20    Sec. 11-125.5. Transfer of creditable service to Article 8,
219, or 13 Fund.
22    (a) Any city officer as defined in Section 8-243.2 of this
23Code, any county officer elected by vote of the people (and
24until March 1, 1993 any other person in accordance with Section
259-121.11) who is a participant in the pension fund established

 

 

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

 

 

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1made if he had elected to participate, plus interest to the
2date of payment.
3    (c) Any such elected city officer, county officer, or
4sanitary district commissioner may reinstate credits and
5creditable service terminated upon receipt of a separation
6benefit, by payment to the Fund of the amount of the separation
7benefit plus interest thereon to the date of payment.
8(Source: P.A. 86-1488; 87-1265; revised 9-9-16.)
 
9    (40 ILCS 5/18-125)  (from Ch. 108 1/2, par. 18-125)
10    Sec. 18-125. Retirement annuity amount.
11    (a) The annual retirement annuity for a participant who
12terminated service as a judge prior to July 1, 1971 shall be
13based on the law in effect at the time of termination of
14service.
15    (b) Except as provided in subsection (b-5), effective July
161, 1971, the retirement annuity for any participant in service
17on or after such date shall be 3 1/2% of final average salary,
18as defined in this Section, for each of the first 10 years of
19service, and 5% of such final average salary for each year of
20service in on excess of 10.
21    For purposes of this Section, final average salary for a
22participant who first serves as a judge before August 10, 2009
23(the effective date of Public Act 96-207) shall be:
24        (1) the average salary for the last 4 years of credited
25    service as a judge for a participant who terminates service

 

 

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

 

 

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196-889), final average salary shall be the average monthly
2salary obtained by dividing the total salary of the participant
3during the period of: (1) the 48 consecutive months of service
4within the last 120 months of service in which the total
5compensation was the highest, or (2) the total period of
6service, if less than 48 months, by the number of months of
7service in that period.
8    The maximum retirement annuity for any participant shall be
985% of final average salary.
10    (b-5) Notwithstanding any other provision of this Article,
11for a participant who first serves as a judge on or after
12January 1, 2011 (the effective date of Public Act 96-889), the
13annual retirement annuity is 3% of the participant's final
14average salary for each year of service. The maximum retirement
15annuity payable shall be 60% of the participant's final average
16salary.
17    For a participant who first serves as a judge on or after
18January 1, 2011 (the effective date of Public Act 96-889),
19final average salary shall be the average monthly salary
20obtained by dividing the total salary of the judge during the
2196 consecutive months of service within the last 120 months of
22service in which the total salary was the highest by the number
23of months of service in that period; however, beginning January
241, 2011, the annual salary may not exceed $106,800, except that
25that amount shall annually thereafter be increased by the
26lesser of (i) 3% of that amount, including all previous

 

 

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

 

 

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1    (d) Notwithstanding any other provision of this Article,
2for a participant who first serves as a judge on or after
3January 1, 2011 (the effective date of Public Act 96-889) and
4who is retiring after attaining age 62, the retirement annuity
5shall be reduced by 1/2 of 1% for each month that the
6participant's age is under age 67 at the time the annuity
7commences.
8(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11;
996-1000, eff. 7-2-10; 96-1490, eff. 1-1-11; revised 9-9-16.)
 
10    (40 ILCS 5/22A-111)  (from Ch. 108 1/2, par. 22A-111)
11    Sec. 22A-111. The Board shall manage the investments of any
12pension fund, retirement system, or education fund for the
13purpose of obtaining a total return on investments for the long
14term. It also shall perform such other functions as may be
15assigned or directed by the General Assembly.
16    The authority of the board to manage pension fund
17investments and the liability shall begin when there has been a
18physical transfer of the pension fund investments to the board
19and placed in the custody of the board's custodian.
20    The authority of the board to manage monies from the
21education fund for investment and the liability of the board
22shall begin when there has been a physical transfer of
23education fund investments to the board and placed in the
24custody of the board's custodian.
25    The board may not delegate its management functions, but it

 

 

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1may, but is not required to, arrange to compensate for
2personalized investment advisory service for any or all
3investments under its control with any national or state bank
4or trust company authorized to do a trust business and
5domiciled in Illinois, other financial institution organized
6under the laws of Illinois, or an investment advisor who is
7qualified under the Federal Investment Advisers Advisors Act of
81940 and is registered under the Illinois Securities Law of
91953. Nothing contained herein shall prevent the Board from
10subscribing to general investment research services available
11for purchase or use by others. The Board shall also have the
12authority to compensate for accounting services.
13    This Section shall not be construed to prohibit the
14Illinois State Board of Investment from directly investing
15pension assets in public market investments, private
16investments, real estate investments, or other investments
17authorized by this Code.
18(Source: P.A. 99-708, eff. 7-29-16; revised 10-27-16.)
 
19    Section 245. The Public Building Commission Act is amended
20by changing Section 20.5 as follows:
 
21    (50 ILCS 20/20.5)
22    (Section scheduled to be repealed on June 1, 2018)
23    Sec. 20.5. Procedures for design-build selection.
24    (a) The Commission must use a two-phase procedure for the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 345 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

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

 

 

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1    (d) Notwithstanding any other provision of this Section or
2any other law to the contrary, until January 1, 1994, a member
3of the city council of a municipality with a population under
420,000 may purchase real estate from the municipality, at a
5price of not less than 100% of the value of the real estate as
6determined by a written MAI certified appraisal or by a written
7certified appraisal of a State certified or licensed real
8estate appraiser, if the purchase is approved by a unanimous
9vote of the city council members then holding office (except
10for the member desiring to purchase the real estate, who shall
11not vote on the question).
12    (e) For the purposes of this Section only, a municipal
13officer shall not be deemed interested if the officer is an
14employee of a company or owns or holds an interest of 1% or
15less in the municipal officer's individual name in a company,
16or both, that company is involved in the transaction of
17business with the municipality, and that company's stock is
18traded on a nationally recognized securities market, provided
19the interested member: (i) publicly discloses the fact that he
20or she is an employee or holds an interest of 1% or less in a
21company before deliberation of the proposed award of the
22contract; (ii) refrains from evaluating, recommending,
23approving, deliberating, or otherwise participating in
24negotiation, approval, or both, of the contract, work, or
25business; (iii) abstains from voting on the award of the
26contract though he or she shall be considered present for

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1part-time basic law enforcement academies on or before July 1,
22018.
3    (c) Agencies employing law enforcement officers must
4present this training to all law enforcement officers within 3
5years after January 1, 2017 (the effective date of Public Act
699-801) this amendatory Act of the 99th General Assembly and
7must present in-service training on sexual assault and sexual
8abuse response and report writing training requirements every 3
9years.
10    (d) Agencies employing law enforcement officers who
11conduct sexual assault and sexual abuse investigations must
12provide specialized training to these officers on sexual
13assault and sexual abuse investigations within 2 years after
14January 1, 2017 (the effective date of Public Act 99-801) this
15amendatory Act of the 99th General Assembly and must present
16in-service training on sexual assault and sexual abuse
17investigations to these officers every 3 years.
18    (e) Instructors providing this training shall have
19successfully completed training on evidence-based,
20trauma-informed, victim-centered response to cases of sexual
21assault and sexual abuse and have experience responding to
22sexual assault and sexual abuse cases.
23    (f) The Board shall adopt rules, in consultation with the
24Office of the Illinois Attorney General and the Department of
25State Police, to determine the specific training requirements
26for these courses, including, but not limited to, the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(the effective date of Public Act 89-685) this amendatory Act
2of 1996 shall serve a probationary period of 12 months during
3which time they may be discharged at the will of the Sheriff.
4(Source: P.A. 99-10, eff. 1-1-16; revised 9-20-16.)
 
5    (55 ILCS 5/4-2002.1)  (from Ch. 34, par. 4-2002.1)
6    Sec. 4-2002.1. State's attorney fees in counties of
73,000,000 or more population. This Section applies only to
8counties with 3,000,000 or more inhabitants.
9    (a) State's attorneys shall be entitled to the following
10fees:
11    For each conviction in prosecutions on indictments for
12first degree murder, second degree murder, involuntary
13manslaughter, criminal sexual assault, aggravated criminal
14sexual assault, aggravated criminal sexual abuse, kidnapping,
15arson and forgery, $60. All other cases punishable by
16imprisonment in the penitentiary, $60.
17    For each conviction in other cases tried before judges of
18the circuit court, $30; except that if the conviction is in a
19case which may be assigned to an associate judge, whether or
20not it is in fact assigned to an associate judge, the fee shall
21be $20.
22    For preliminary examinations for each defendant held to
23bail or recognizance, $20.
24    For each examination of a party bound over to keep the
25peace, $20.

 

 

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

 

 

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

 

 

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

 

 

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1    support obligations, not less than 25% of the State's share
2    of the monies received.
3    In addition to any other amounts to which State's Attorneys
4are entitled under this Section, State's Attorneys are entitled
5to $10 of the fine that is imposed under Section 5-9-1.17 of
6the Unified Code of Corrections, as set forth in that Section.
7    (b) A municipality shall be entitled to a $25 prosecution
8fee for each conviction for a violation of the Illinois Vehicle
9Code prosecuted by the municipal attorney pursuant to Section
1016-102 of that Code which is tried before a circuit or
11associate judge and shall be entitled to a $25 prosecution fee
12for each conviction for a violation of a municipal vehicle
13ordinance prosecuted by the municipal attorney which is tried
14before a circuit or associate judge. Such fee shall be taxed as
15costs to be collected from the defendant, if possible, upon
16conviction. A municipality shall have a lien for such
17prosecution fees on all judgments or fines procured by the
18municipal attorney from prosecutions for violations of the
19Illinois Vehicle Code and municipal vehicle ordinances.
20    For the purposes of this subsection (b), "municipal vehicle
21ordinance" means any ordinance enacted pursuant to Sections
2211-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
23Municipal Code or any ordinance enacted by a municipality which
24is similar to a provision of Chapter 11 of the Illinois Vehicle
25Code.
26    (c) State's attorneys shall be entitled to a $2 fee to be

 

 

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1paid by the defendant on a judgment of guilty or a grant of
2supervision for a violation of any provision of the Illinois
3Vehicle Code or any felony, misdemeanor, or petty offense to
4discharge the expenses of the State's Attorney's office for
5establishing and maintaining automated record keeping systems.
6The fee shall be remitted monthly to the county treasurer, to
7be deposited by him or her into a special fund designated as
8the State's Attorney Records Automation Fund. Expenditures
9from this fund may be made by the State's Attorney for
10hardware, software, research, and development costs and
11personnel related thereto.
12    For the purposes of this subsection (b), "municipal vehicle
13ordinance" means any ordinance enacted pursuant to Sections
1411-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
15Municipal Code or any ordinance enacted by a municipality which
16is similar to a provision of Chapter 11 of the Illinois Vehicle
17Code.
18(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10;
1997-673, eff. 6-1-12; revised 10-31-16.)
 
20    (55 ILCS 5/4-11001.5)
21    (Section scheduled to be repealed on December 31, 2019)
22    Sec. 4-11001.5. Lake County Children's Advocacy Center
23Pilot Program.
24    (a) The Lake County Children's Advocacy Center Pilot
25Program is established. Under the Pilot Program, any grand

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1changing Sections 3.1-50-15, 8-11-1.8, 8-11-2, 11-6-10,
211-74.4-3, 11-74.4-3.5, 11-74.4-6, 11-74.4-8a, and 11-102-2 as
3follows:
 
4    (65 ILCS 5/3.1-50-15)  (from Ch. 24, par. 3.1-50-15)
5    Sec. 3.1-50-15. Compensation of members of corporate
6authorities.
7    (a) The ordinance fixing compensation for members of the
8corporate authorities shall specify whether those members are
9to be compensated (i) at an annual rate or, (ii) for each
10meeting of the corporate authorities actually attended if
11public notice of the meeting was given.
12    (b) Each member of the corporate authorities may receive
13reimbursement from the municipality for expenses incurred by
14the member in attending committee meetings of the corporate
15authorities or for other expenses incurred by the member in the
16course of performing official duties.
17(Source: P.A. 91-208, eff. 1-1-00; revised 9-20-16.)
 
18    (65 ILCS 5/8-11-1.8)
19    Sec. 8-11-1.8. Non-home rule municipal tax rescission
20recision. Whenever the corporate authorities of a non-home rule
21municipality with a population of more than 20,000 but less
22than 25,000 have imposed a municipal retailers occupation tax
23under Sec. 8-11-1.6 and a municipal service occupation tax
24under Section 8-11-1.7, the question of discontinuing the tax

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1compensation for the use of its streets, alleys, or other
2public places, or installation and maintenance therein,
3thereon or thereunder of poles, wires, pipes, or other
4equipment used in the operation of the taxpayer's business.
5    (a) If the corporate authorities of any home rule
6municipality have adopted an ordinance that imposed a tax on
7public utility customers, between July 1, 1971, and October 1,
81981, on the good faith belief that they were exercising
9authority pursuant to Section 6 of Article VII of the 1970
10Illinois Constitution, that action of the corporate
11authorities shall be declared legal and valid, notwithstanding
12a later decision of a judicial tribunal declaring the ordinance
13invalid. No municipality shall be required to rebate, refund,
14or issue credits for any taxes described in this paragraph, and
15those taxes shall be deemed to have been levied and collected
16in accordance with the Constitution and laws of this State.
17    (b) In any case in which (i) prior to October 19, 1979, the
18corporate authorities of any municipality have adopted an
19ordinance imposing a tax authorized by this Section (or by the
20predecessor provision of the "Revised Cities and Villages Act")
21and have explicitly or in practice interpreted gross receipts
22to include either charges added to customers' bills pursuant to
23the provision of paragraph (a) of Section 36 of the Public
24Utilities Act or charges added to customers' bills by taxpayers
25who are not subject to rate regulation by the Illinois Commerce
26Commission for the purpose of recovering any of the tax

 

 

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1liabilities or other amounts specified in such paragraph (a) of
2Section 36 of that Act, and (ii) on or after October 19, 1979,
3a judicial tribunal has construed gross receipts to exclude all
4or part of those charges, then neither that those municipality
5nor any taxpayer who paid the tax shall be required to rebate,
6refund, or issue credits for any tax imposed or charge
7collected from customers pursuant to the municipality's
8interpretation prior to October 19, 1979. This paragraph
9reflects a legislative finding that it would be contrary to the
10public interest to require a municipality or its taxpayers to
11refund taxes or charges attributable to the municipality's more
12inclusive interpretation of gross receipts prior to October 19,
131979, and is not intended to prescribe or limit judicial
14construction of this Section. The legislative finding set forth
15in this subsection does not apply to taxes imposed after
16January 1, 1996 (the effective date of Public Act 89-325) this
17amendatory Act of 1995.
18    (c) The tax authorized by subparagraph 3 shall be collected
19from the purchaser by the person maintaining a place of
20business in this State who delivers the electricity to the
21purchaser. This tax shall constitute a debt of the purchaser to
22the person who delivers the electricity to the purchaser and if
23unpaid, is recoverable in the same manner as the original
24charge for delivering the electricity. Any tax required to be
25collected pursuant to an ordinance authorized by subparagraph 3
26and any such tax collected by a person delivering electricity

 

 

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

 

 

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

 

 

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1taxpayers who are not subject to rate regulation by the
2Illinois Commerce Commission for the purpose of recovering any
3of the tax liabilities described in Section 9-222 of the Public
4Utilities Act. For utility bills issued on or after May 1,
51997, but before May 1, 1998, and for receipts from those
6utility bills, "gross receipts" does not include two-thirds of
7(i) amounts added to customers' bills under Section 9-222 of
8the Public Utilities Act, or (ii) amount added to customers'
9bills by taxpayers who are not subject to rate regulation by
10the Illinois Commerce Commission for the purpose of recovering
11any of the tax liabilities described in Section 9-222 of the
12Public Utilities Act. For utility bills issued on or after May
131, 1998, and for receipts from those utility bills, "gross
14receipts" does not include (i) amounts added to customers'
15bills under Section 9-222 of the Public Utilities Act, or (ii)
16amounts added to customers' bills by taxpayers who are not
17subject to rate regulation by the Illinois Commerce Commission
18for the purpose of recovering any of the tax liabilities
19described in Section 9-222 of the Public Utilities Act.
20    For purposes of this Section "gross receipts" shall not
21include amounts added to customers' bills under Section 9-221
22of the Public Utilities Act. This paragraph is not intended to
23nor does it make any change in the meaning of "gross receipts"
24for the purposes of this Section, but is intended to remove
25possible ambiguities, thereby confirming the existing meaning
26of "gross receipts" prior to January 1, 1996 (the effective

 

 

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1date of Public Act 89-325) this amendatory Act of 1995.
2    "Person" as used in this Section means any natural
3individual, firm, trust, estate, partnership, association,
4joint stock company, joint adventure, corporation, limited
5liability company, municipal corporation, the State or any of
6its political subdivisions, any State university created by
7statute, or a receiver, trustee, guardian or other
8representative appointed by order of any court.
9    "Person maintaining a place of business in this State"
10shall mean any person having or maintaining within this State,
11directly or by a subsidiary or other affiliate, an office,
12generation facility, distribution facility, transmission
13facility, sales office or other place of business, or any
14employee, agent, or other representative operating within this
15State under the authority of the person or its subsidiary or
16other affiliate, irrespective of whether such place of business
17or agent or other representative is located in this State
18permanently or temporarily, or whether such person, subsidiary
19or other affiliate is licensed or qualified to do business in
20this State.
21    "Public utility" shall have the meaning ascribed to it in
22Section 3-105 of the Public Utilities Act and shall include
23alternative retail electric suppliers as defined in Section
2416-102 of that Act.
25    "Purchase at retail" shall mean any acquisition of
26electricity by a purchaser for purposes of use or consumption,

 

 

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1and not for resale, but shall not include the use of
2electricity by a public utility directly in the generation,
3production, transmission, delivery or sale of electricity.
4    "Purchaser" shall mean any person who uses or consumes,
5within the corporate limits of the municipality, electricity
6acquired in a purchase at retail.
7    (e) Any municipality that imposes taxes upon public
8utilities or upon the privilege of using or consuming
9electricity pursuant to this Section whose territory includes
10any part of an enterprise zone or federally designated Foreign
11Trade Zone or Sub-Zone may, by a majority vote of its corporate
12authorities, exempt from those taxes for a period not exceeding
1320 years any specified percentage of gross receipts of public
14utilities received from, or electricity used or consumed by,
15business enterprises that:
16        (1) either (i) make investments that cause the creation
17    of a minimum of 200 full-time equivalent jobs in Illinois,
18    (ii) make investments of at least $175,000,000 that cause
19    the creation of a minimum of 150 full-time equivalent jobs
20    in Illinois, or (iii) make investments that cause the
21    retention of a minimum of 1,000 full-time jobs in Illinois;
22    and
23        (2) are either (i) located in an Enterprise Zone
24    established pursuant to the Illinois Enterprise Zone Act or
25    (ii) Department of Commerce and Economic Opportunity
26    designated High Impact Businesses located in a federally

 

 

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

 

 

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1this Section and whose territory includes part of another unit
2of local government or a school district may by ordinance
3exempt the other unit of local government or school district
4from those taxes.
5    (g) The amendment of this Section by Public Act 84-127
6shall take precedence over any other amendment of this Section
7by any other amendatory Act passed by the 84th General Assembly
8before August 1, 1985 (the effective date of Public Act
984-127).
10    (h) In any case in which, before July 1, 1992, a person
11engaged in the business of transmitting messages through the
12use of mobile equipment, such as cellular phones and paging
13systems, has determined the municipality within which the gross
14receipts from the business originated by reference to the
15location of its transmitting or switching equipment, then (i)
16neither the municipality to which tax was paid on that basis
17nor the taxpayer that paid tax on that basis shall be required
18to rebate, refund, or issue credits for any such tax or charge
19collected from customers to reimburse the taxpayer for the tax
20and (ii) no municipality to which tax would have been paid with
21respect to those gross receipts if the provisions of Public Act
2287-773 this amendatory Act of 1991 had been in effect before
23July 1, 1992, shall have any claim against the taxpayer for any
24amount of the tax.
25(Source: P.A. 94-793, eff. 5-19-06; revised 9-21-16.)
 

 

 

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

 

 

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1    Sec. 11-74.4-3. Definitions. The following terms, wherever
2used or referred to in this Division 74.4 shall have the
3following respective meanings, unless in any case a different
4meaning clearly appears from the context.
5    (a) For any redevelopment project area that has been
6designated pursuant to this Section by an ordinance adopted
7prior to November 1, 1999 (the effective date of Public Act
891-478), "blighted area" shall have the meaning set forth in
9this Section prior to that date.
10    On and after November 1, 1999, "blighted area" means any
11improved or vacant area within the boundaries of a
12redevelopment project area located within the territorial
13limits of the municipality where:
14        (1) If improved, industrial, commercial, and
15    residential buildings or improvements are detrimental to
16    the public safety, health, or welfare because of a
17    combination of 5 or more of the following factors, each of
18    which is (i) present, with that presence documented, to a
19    meaningful extent so that a municipality may reasonably
20    find that the factor is clearly present within the intent
21    of the Act and (ii) reasonably distributed throughout the
22    improved part of the redevelopment project area:
23            (A) Dilapidation. An advanced state of disrepair
24        or neglect of necessary repairs to the primary
25        structural components of buildings or improvements in
26        such a combination that a documented building

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 406 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 407 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

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1designated pursuant to this Section by an ordinance adopted
2prior to November 1, 1999 (the effective date of Public Act
391-478), "conservation area" shall have the meaning set forth
4in this Section prior to that date.
5    On and after November 1, 1999, "conservation area" means
6any improved area within the boundaries of a redevelopment
7project area located within the territorial limits of the
8municipality in which 50% or more of the structures in the area
9have an age of 35 years or more. Such an area is not yet a
10blighted area but because of a combination of 3 or more of the
11following factors is detrimental to the public safety, health,
12morals or welfare and such an area may become a blighted area:
13        (1) Dilapidation. An advanced state of disrepair or
14    neglect of necessary repairs to the primary structural
15    components of buildings or improvements in such a
16    combination that a documented building condition analysis
17    determines that major repair is required or the defects are
18    so serious and so extensive that the buildings must be
19    removed.
20        (2) Obsolescence. The condition or process of falling
21    into disuse. Structures have become ill-suited for the
22    original use.
23        (3) Deterioration. With respect to buildings, defects
24    including, but not limited to, major defects in the
25    secondary building components such as doors, windows,
26    porches, gutters and downspouts, and fascia. With respect

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 417 -LRB100 05985 AMC 16014 b

1Department of Revenue and paid under the Municipal Retailers'
2Occupation Tax Act and the Municipal Service Occupation Tax Act
3by retailers and servicemen, on transactions at places of
4business located in the redevelopment project area or State
5Sales Tax Boundary, as the case may be, during the base year
6which shall be the calendar year immediately prior to the year
7in which the municipality adopted tax increment allocation
8financing. For purposes of computing the aggregate amount of
9such taxes for base years occurring prior to 1985, the
10Department of Revenue shall determine the Initial Sales Tax
11Amounts for such taxes and deduct therefrom an amount equal to
124% of the aggregate amount of taxes per year for each year the
13base year is prior to 1985, but not to exceed a total deduction
14of 12%. The amount so determined shall be known as the
15"Adjusted Initial Sales Tax Amounts". For purposes of
16determining the Municipal Sales Tax Increment, the Department
17of Revenue shall for each period subtract from the amount paid
18to the municipality from the Local Government Tax Fund arising
19from sales by retailers and servicemen on transactions located
20in the redevelopment project area or the State Sales Tax
21Boundary, as the case may be, the certified Initial Sales Tax
22Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
23Initial Sales Tax Amounts for the Municipal Retailers'
24Occupation Tax Act and the Municipal Service Occupation Tax
25Act. For the State Fiscal Year 1989, this calculation shall be
26made by utilizing the calendar year 1987 to determine the tax

 

 

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1amounts received. For the State Fiscal Year 1990, this
2calculation shall be made by utilizing the period from January
31, 1988, until September 30, 1988, to determine the tax amounts
4received from retailers and servicemen pursuant to the
5Municipal Retailers' Occupation Tax and the Municipal Service
6Occupation Tax Act, which shall have deducted therefrom
7nine-twelfths of the certified Initial Sales Tax Amounts, the
8Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
9Tax Amounts as appropriate. For the State Fiscal Year 1991,
10this calculation shall be made by utilizing the period from
11October 1, 1988, to June 30, 1989, to determine the tax amounts
12received from retailers and servicemen pursuant to the
13Municipal Retailers' Occupation Tax and the Municipal Service
14Occupation Tax Act which shall have deducted therefrom
15nine-twelfths of the certified Initial Sales Tax Amounts,
16Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
17Tax Amounts as appropriate. For every State Fiscal Year
18thereafter, the applicable period shall be the 12 months
19beginning July 1 and ending June 30 to determine the tax
20amounts received which shall have deducted therefrom the
21certified Initial Sales Tax Amounts, the Adjusted Initial Sales
22Tax Amounts or the Revised Initial Sales Tax Amounts, as the
23case may be.
24    (i) "Net State Sales Tax Increment" means the sum of the
25following: (a) 80% of the first $100,000 of State Sales Tax
26Increment annually generated within a State Sales Tax Boundary;

 

 

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1(b) 60% of the amount in excess of $100,000 but not exceeding
2$500,000 of State Sales Tax Increment annually generated within
3a State Sales Tax Boundary; and (c) 40% of all amounts in
4excess of $500,000 of State Sales Tax Increment annually
5generated within a State Sales Tax Boundary. If, however, a
6municipality established a tax increment financing district in
7a county with a population in excess of 3,000,000 before
8January 1, 1986, and the municipality entered into a contract
9or issued bonds after January 1, 1986, but before December 31,
101986, to finance redevelopment project costs within a State
11Sales Tax Boundary, then the Net State Sales Tax Increment
12means, for the fiscal years beginning July 1, 1990, and July 1,
131991, 100% of the State Sales Tax Increment annually generated
14within a State Sales Tax Boundary; and notwithstanding any
15other provision of this Act, for those fiscal years the
16Department of Revenue shall distribute to those municipalities
17100% of their Net State Sales Tax Increment before any
18distribution to any other municipality and regardless of
19whether or not those other municipalities will receive 100% of
20their Net State Sales Tax Increment. For Fiscal Year 1999, and
21every year thereafter until the year 2007, for any municipality
22that has not entered into a contract or has not issued bonds
23prior to June 1, 1988 to finance redevelopment project costs
24within a State Sales Tax Boundary, the Net State Sales Tax
25Increment shall be calculated as follows: By multiplying the
26Net State Sales Tax Increment by 90% in the State Fiscal Year

 

 

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11999; 80% in the State Fiscal Year 2000; 70% in the State
2Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
3State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
4in the State Fiscal Year 2005; 20% in the State Fiscal Year
52006; and 10% in the State Fiscal Year 2007. No payment shall
6be made for State Fiscal Year 2008 and thereafter.
7    Municipalities that issued bonds in connection with a
8redevelopment project in a redevelopment project area within
9the State Sales Tax Boundary prior to July 29, 1991, or that
10entered into contracts in connection with a redevelopment
11project in a redevelopment project area before June 1, 1988,
12shall continue to receive their proportional share of the
13Illinois Tax Increment Fund distribution until the date on
14which the redevelopment project is completed or terminated. If,
15however, a municipality that issued bonds in connection with a
16redevelopment project in a redevelopment project area within
17the State Sales Tax Boundary prior to July 29, 1991 retires the
18bonds prior to June 30, 2007 or a municipality that entered
19into contracts in connection with a redevelopment project in a
20redevelopment project area before June 1, 1988 completes the
21contracts prior to June 30, 2007, then so long as the
22redevelopment project is not completed or is not terminated,
23the Net State Sales Tax Increment shall be calculated,
24beginning on the date on which the bonds are retired or the
25contracts are completed, as follows: By multiplying the Net
26State Sales Tax Increment by 60% in the State Fiscal Year 2002;

 

 

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150% in the State Fiscal Year 2003; 40% in the State Fiscal Year
22004; 30% in the State Fiscal Year 2005; 20% in the State
3Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
4payment shall be made for State Fiscal Year 2008 and
5thereafter. Refunding of any bonds issued prior to July 29,
61991, shall not alter the Net State Sales Tax Increment.
7    (j) "State Utility Tax Increment Amount" means an amount
8equal to the aggregate increase in State electric and gas tax
9charges imposed on owners and tenants, other than residential
10customers, of properties located within the redevelopment
11project area under Section 9-222 of the Public Utilities Act,
12over and above the aggregate of such charges as certified by
13the Department of Revenue and paid by owners and tenants, other
14than residential customers, of properties within the
15redevelopment project area during the base year, which shall be
16the calendar year immediately prior to the year of the adoption
17of the ordinance authorizing tax increment allocation
18financing.
19    (k) "Net State Utility Tax Increment" means the sum of the
20following: (a) 80% of the first $100,000 of State Utility Tax
21Increment annually generated by a redevelopment project area;
22(b) 60% of the amount in excess of $100,000 but not exceeding
23$500,000 of the State Utility Tax Increment annually generated
24by a redevelopment project area; and (c) 40% of all amounts in
25excess of $500,000 of State Utility Tax Increment annually
26generated by a redevelopment project area. For the State Fiscal

 

 

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1Year 1999, and every year thereafter until the year 2007, for
2any municipality that has not entered into a contract or has
3not issued bonds prior to June 1, 1988 to finance redevelopment
4project costs within a redevelopment project area, the Net
5State Utility Tax Increment shall be calculated as follows: By
6multiplying the Net State Utility Tax Increment by 90% in the
7State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
8in the State Fiscal Year 2001; 60% in the State Fiscal Year
92002; 50% in the State Fiscal Year 2003; 40% in the State
10Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
11State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
12No payment shall be made for the State Fiscal Year 2008 and
13thereafter.
14    Municipalities that issue bonds in connection with the
15redevelopment project during the period from June 1, 1988 until
163 years after the effective date of this Amendatory Act of 1988
17shall receive the Net State Utility Tax Increment, subject to
18appropriation, for 15 State Fiscal Years after the issuance of
19such bonds. For the 16th through the 20th State Fiscal Years
20after issuance of the bonds, the Net State Utility Tax
21Increment shall be calculated as follows: By multiplying the
22Net State Utility Tax Increment by 90% in year 16; 80% in year
2317; 70% in year 18; 60% in year 19; and 50% in year 20.
24Refunding of any bonds issued prior to June 1, 1988, shall not
25alter the revised Net State Utility Tax Increment payments set
26forth above.

 

 

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

 

 

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

 

 

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

 

 

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1subsection (k) of Section 11-74.4-4, a time and place for a
2public hearing as required by subsection (a) of Section
311-74.4-5. No redevelopment plan shall be adopted unless a
4municipality complies with all of the following requirements:
5        (1) The municipality finds that the redevelopment
6    project area on the whole has not been subject to growth
7    and development through investment by private enterprise
8    and would not reasonably be anticipated to be developed
9    without the adoption of the redevelopment plan, provided,
10    however, that such a finding shall not be required with
11    respect to any redevelopment project area located within a
12    transit facility improvement area established pursuant to
13    Section 11-74.4-3.3.
14        (2) The municipality finds that the redevelopment plan
15    and project conform to the comprehensive plan for the
16    development of the municipality as a whole, or, for
17    municipalities with a population of 100,000 or more,
18    regardless of when the redevelopment plan and project was
19    adopted, the redevelopment plan and project either: (i)
20    conforms to the strategic economic development or
21    redevelopment plan issued by the designated planning
22    authority of the municipality, or (ii) includes land uses
23    that have been approved by the planning commission of the
24    municipality.
25        (3) The redevelopment plan establishes the estimated
26    dates of completion of the redevelopment project and

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1sanitary, mosquito abatement, forest preserve, public health,
2fire protection, river conservancy, tuberculosis sanitarium
3and any other municipal corporations or districts with the
4power to levy taxes.
5    (u) "Taxing districts' capital costs" means those costs of
6taxing districts for capital improvements that are found by the
7municipal corporate authorities to be necessary and directly
8result from the redevelopment project.
9    (v) As used in subsection (a) of Section 11-74.4-3 of this
10Act, "vacant land" means any parcel or combination of parcels
11of real property without industrial, commercial, and
12residential buildings which has not been used for commercial
13agricultural purposes within 5 years prior to the designation
14of the redevelopment project area, unless the parcel is
15included in an industrial park conservation area or the parcel
16has been subdivided; provided that if the parcel was part of a
17larger tract that has been divided into 3 or more smaller
18tracts that were accepted for recording during the period from
191950 to 1990, then the parcel shall be deemed to have been
20subdivided, and all proceedings and actions of the municipality
21taken in that connection with respect to any previously
22approved or designated redevelopment project area or amended
23redevelopment project area are hereby validated and hereby
24declared to be legally sufficient for all purposes of this Act.
25For purposes of this Section and only for land subject to the
26subdivision requirements of the Plat Act, land is subdivided

 

 

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

 

 

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1    Sec. 11-74.4-3.5. Completion dates for redevelopment
2projects.
3    (a) Unless otherwise stated in this Section, the estimated
4dates of completion of the redevelopment project and retirement
5of obligations issued to finance redevelopment project costs
6(including refunding bonds under Section 11-74.4-7) may not be
7later than December 31 of the year in which the payment to the
8municipal treasurer, as provided in subsection (b) of Section
911-74.4-8 of this Act, is to be made with respect to ad valorem
10taxes levied in the 23rd calendar year after the year in which
11the ordinance approving the redevelopment project area was
12adopted if the ordinance was adopted on or after January 15,
131981.
14    (a-5) If the redevelopment project area is located within a
15transit facility improvement area established pursuant to
16Section 11-74.4-3, the estimated dates of completion of the
17redevelopment project and retirement of obligations issued to
18finance redevelopment project costs (including refunding bonds
19under Section 11-74.4-7) may not be later than December 31 of
20the year in which the payment to the municipal treasurer, as
21provided in subsection (b) of Section 11-74.4-8 of this Act
22amendatory Act of the 99th General Assembly, is to be made with
23respect to ad valorem taxes levied in the 35th calendar year
24after the year in which the ordinance approving the
25redevelopment project area was adopted.
26    (a-7) A municipality may adopt tax increment financing for

 

 

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1a redevelopment project area located in a transit facility
2improvement area that also includes real property located
3within an existing redevelopment project area established
4prior to August 12, 2016 (the effective date of Public Act
599-792) this amendatory Act of 99th General Assembly. In such
6case: (i) the provisions of this Division shall apply with
7respect to the previously established redevelopment project
8area until the municipality adopts, as required in accordance
9with applicable provisions of this Division, an ordinance
10dissolving the special tax allocation fund for such
11redevelopment project area and terminating the designation of
12such redevelopment project area as a redevelopment project
13area; and (ii) after the effective date of the ordinance
14described in (i), the provisions of this Division shall apply
15with respect to the subsequently established redevelopment
16project area located in a transit facility improvement area.
17    (b) The estimated dates of completion of the redevelopment
18project and retirement of obligations issued to finance
19redevelopment project costs (including refunding bonds under
20Section 11-74.4-7) may not be later than December 31 of the
21year in which the payment to the municipal treasurer as
22provided in subsection (b) of Section 11-74.4-8 of this Act is
23to be made with respect to ad valorem taxes levied in the 32nd
24calendar year after the year in which the ordinance approving
25the redevelopment project area was adopted if the ordinance was
26adopted on September 9, 1999 by the Village of Downs.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 465 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 470 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 471 -LRB100 05985 AMC 16014 b

1    by the Village of Dieterich.
2        (141) If the ordinance was adopted on February 10, 2016
3    by the Village of Rosemont to create the Balmoral/Pearl TIF
4    No. 8 Tax Increment Financing Redevelopment Project Area.
5        (142) (132) If the ordinance was adopted on June 11,
6    2002 by the City of Oak Forest.
7    (d) For redevelopment project areas for which bonds were
8issued before July 29, 1991, or for which contracts were
9entered into before June 1, 1988, in connection with a
10redevelopment project in the area within the State Sales Tax
11Boundary, the estimated dates of completion of the
12redevelopment project and retirement of obligations to finance
13redevelopment project costs (including refunding bonds under
14Section 11-74.4-7) may be extended by municipal ordinance to
15December 31, 2013. The termination procedures of subsection (b)
16of Section 11-74.4-8 are not required for these redevelopment
17project areas in 2009 but are required in 2013. The extension
18allowed by Public Act 87-1272 shall not apply to real property
19tax increment allocation financing under Section 11-74.4-8.
20    (e) Those dates, for purposes of real property tax
21increment allocation financing pursuant to Section 11-74.4-8
22only, shall be not more than 35 years for redevelopment project
23areas that were adopted on or after December 16, 1986 and for
24which at least $8 million worth of municipal bonds were
25authorized on or after December 19, 1989 but before January 1,
261990; provided that the municipality elects to extend the life

 

 

HB3855 Engrossed- 472 -LRB100 05985 AMC 16014 b

1of the redevelopment project area to 35 years by the adoption
2of an ordinance after at least 14 but not more than 30 days'
3written notice to the taxing bodies, that would otherwise
4constitute the joint review board for the redevelopment project
5area, before the adoption of the ordinance.
6    (f) Those dates, for purposes of real property tax
7increment allocation financing pursuant to Section 11-74.4-8
8only, shall be not more than 35 years for redevelopment project
9areas that were established on or after December 1, 1981 but
10before January 1, 1982 and for which at least $1,500,000 worth
11of tax increment revenue bonds were authorized on or after
12September 30, 1990 but before July 1, 1991; provided that the
13municipality elects to extend the life of the redevelopment
14project area to 35 years by the adoption of an ordinance after
15at least 14 but not more than 30 days' written notice to the
16taxing bodies, that would otherwise constitute the joint review
17board for the redevelopment project area, before the adoption
18of the ordinance.
19    (f-5) Those dates, for purposes of real property tax
20increment allocation financing pursuant to Section 11-74.4-8
21only, shall be not more than 47 years for redevelopment project
22areas that were established on December 29, 1981 by the City of
23Springfield; provided that (i) the City city of Springfield
24adopts an ordinance extending the life of the redevelopment
25project area to 47 years and (ii) the City of Springfield
26provides notice to the taxing bodies that would otherwise

 

 

HB3855 Engrossed- 473 -LRB100 05985 AMC 16014 b

1constitute the joint review board for the redevelopment project
2area not more than 30 and not less than 14 days prior to the
3adoption of that ordinance.
4    (g) In consolidating the material relating to completion
5dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
6it is not the intent of the General Assembly to make any
7substantive change in the law, except for the extension of the
8completion dates for the City of Aurora, the Village of Milan,
9the City of West Frankfort, the Village of Libertyville, and
10the Village of Hoffman Estates set forth under items (67),
11(68), (69), (70), and (71) of subsection (c) of this Section.
12(Source: P.A. 98-109, eff. 7-25-13; 98-135, eff. 8-2-13;
1398-230, eff. 8-9-13; 98-463, eff. 8-16-13; 98-614, eff.
1412-27-13; 98-667, eff. 6-25-14; 98-889, eff. 8-15-14; 98-893,
15eff. 8-15-14; 98-1064, eff. 8-26-14; 98-1136, eff. 12-29-14;
1698-1153, eff. 1-9-15; 98-1157, eff. 1-9-15; 98-1159, eff.
171-9-15; 99-78, eff. 7-20-15; 99-136, eff. 7-24-15; 99-263, eff.
188-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15; 99-495, eff.
1912-17-15; 99-508, eff. 6-24-16; 99-792, eff. 8-12-16; revised
209-22-16.)
 
21    (65 ILCS 5/11-74.4-6)  (from Ch. 24, par. 11-74.4-6)
22    Sec. 11-74.4-6. (a) Except as provided herein, notice of
23the public hearing shall be given by publication and mailing;
24provided, however, that no notice by mailing shall be required
25under this subsection (a) with respect to any redevelopment

 

 

HB3855 Engrossed- 474 -LRB100 05985 AMC 16014 b

1project area located within a transit facility improvement area
2established pursuant to Section 11-74.4-3.3. Notice by
3publication shall be given by publication at least twice, the
4first publication to be not more than 30 nor less than 10 days
5prior to the hearing in a newspaper of general circulation
6within the taxing districts having property in the proposed
7redevelopment project area. Notice by mailing shall be given by
8depositing such notice in the United States mails by certified
9mail addressed to the person or persons in whose name the
10general taxes for the last preceding year were paid on each
11lot, block, tract, or parcel of land lying within the project
12redevelopment area. Said notice shall be mailed not less than
1310 days prior to the date set for the public hearing. In the
14event taxes for the last preceding year were not paid, the
15notice shall also be sent to the persons last listed on the tax
16rolls within the preceding 3 years as the owners of such
17property. For redevelopment project areas with redevelopment
18plans or proposed redevelopment plans that would require
19removal of 10 or more inhabited residential units or that
20contain 75 or more inhabited residential units, the
21municipality shall make a good faith effort to notify by mail
22all residents of the redevelopment project area. At a minimum,
23the municipality shall mail a notice to each residential
24address located within the redevelopment project area. The
25municipality shall endeavor to ensure that all such notices are
26effectively communicated and shall include (in addition to

 

 

HB3855 Engrossed- 475 -LRB100 05985 AMC 16014 b

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

 

 

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1    (d) In the event that any municipality has by ordinance
2adopted tax increment financing prior to 1987, and has complied
3with the notice requirements of this Section, except that the
4notice has not included the requirements of subsection (b),
5paragraphs (2), (3) and (4), and within 90 days of December 16,
61991 (the effective date of Public Act 87-813) this amendatory
7Act of 1991, that municipality passes an ordinance which
8contains findings that: (1) all taxing districts prior to the
9time of the hearing required by Section 11-74.4-5 were
10furnished with copies of a map incorporated into the
11redevelopment plan and project substantially showing the legal
12boundaries of the redevelopment project area; (2) the
13redevelopment plan and project, or a draft thereof, contained a
14map substantially showing the legal boundaries of the
15redevelopment project area and was available to the public at
16the time of the hearing; and (3) since the adoption of any form
17of tax increment financing authorized by this Act, and prior to
18June 1, 1991, no objection or challenge has been made in
19writing to the municipality in respect to the notices required
20by this Section, then the municipality shall be deemed to have
21met the notice requirements of this Act and all actions of the
22municipality taken in connection with such notices as were
23given are hereby validated and hereby declared to be legally
24sufficient for all purposes of this Act.
25    (e) If a municipality desires to propose a redevelopment
26plan for a redevelopment project area that would result in the

 

 

HB3855 Engrossed- 477 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 478 -LRB100 05985 AMC 16014 b

1of public hearing provided for in subsection (c) of this
2Section.
3    Notice of the public meeting shall be given by mail. Notice
4by mail shall be not less than 15 days before the date of the
5meeting and shall be sent by certified mail to all taxing
6districts having real property in the proposed redevelopment
7project area and to all entities requesting that information
8that have registered with a person and department designated by
9the municipality in accordance with registration guidelines
10established by the municipality pursuant to Section
1111-74.4-4.2. The municipality shall make a good faith effort to
12notify all residents and the last known persons who paid
13property taxes on real estate in a redevelopment project area.
14This requirement shall be deemed to be satisfied if the
15municipality mails, by regular mail, a notice to each
16residential address and the person or persons in whose name
17property taxes were paid on real property for the last
18preceding year located within the redevelopment project area.
19Notice shall be in languages other than English when
20appropriate. The notices issued under this subsection shall
21include the following:
22        (1) The time and place of the meeting.
23        (2) The boundaries of the area to be studied for
24    possible designation as a redevelopment project area by
25    street and location.
26        (3) The purpose or purposes of establishing a

 

 

HB3855 Engrossed- 479 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 480 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

HB3855 Engrossed- 482 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 483 -LRB100 05985 AMC 16014 b

1determined by the Department.
2    If the municipality makes the determination referred to in
3the prior paragraph and notifies the Department and if the
4relocation is from a location within the municipality, the
5Department, at the request of the municipality, shall adjust
6the certified aggregate amount of taxes that constitute the
7Municipal Sales Tax Increment paid by retailers and servicemen
8on transactions at places of business located within the State
9Sales Tax Boundary during the base year using the same
10procedures as are employed to make the adjustment referred to
11in the prior paragraph. The adjusted Municipal Sales Tax
12Increment calculated by the Department shall be sufficient to
13satisfy the requirements of subsection (1) of this Section.
14    When a municipality which has adopted tax increment
15allocation financing in 1986 determines that a portion of the
16aggregate amount of taxes paid by retailers and servicemen
17under the Retailers Occupation Tax Act, Use Tax Act, Service
18Use Tax Act, or Service Occupation Tax Act, the Municipal
19Retailers' Occupation Tax Act and the Municipal Service
20Occupation Tax Act, includes revenue of a retailer or
21serviceman which terminated retailer or service operations in
221986, prior to the adoption of tax increment allocation
23financing, the Department of Revenue shall be notified by such
24municipality that the retailers' occupation tax liability, use
25tax liability, service occupation tax liability or service use
26tax liability, from such retailer's or serviceman's terminated

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 491 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 492 -LRB100 05985 AMC 16014 b

1    separate amounts both to the municipality and the
2    Department of Revenue.
3    After the determinations are made in paragraphs (b) and
4(c), the public utility shall monthly during the existence of
5the redevelopment project area notify the Department of Revenue
6and the municipality of any increase in charges over the base
7year determinations made pursuant to paragraphs (b) and (c).
8    (5) The payments authorized under this Section shall be
9deposited by the municipal treasurer in the special tax
10allocation fund of the municipality, which for accounting
11purposes shall identify the sources of each payment as:
12municipal receipts from the State retailers occupation,
13service occupation, use and service use taxes; and municipal
14public utility taxes charged to customers under the Public
15Utilities Act and State public utility taxes charged to
16customers under the Public Utilities Act.
17    (6) Before the effective date of this amendatory Act of the
1891st General Assembly, any municipality receiving payments
19authorized under this Section for any redevelopment project
20area or area within a State Sales Tax Boundary within the
21municipality shall submit to the Department of Revenue and to
22the taxing districts which are sent the notice required by
23Section 6 of this Act annually within 180 days after the close
24of each municipal fiscal year the following information for the
25immediately preceding fiscal year:
26        (a) Any amendments to the redevelopment plan, the

 

 

HB3855 Engrossed- 493 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 494 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 495 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 496 -LRB100 05985 AMC 16014 b

1for specific development project costs. If held for more than
236 months in violation of the preceding sentence, such funds
3shall be designated as surplus. Any funds designated as surplus
4must first be used for early redemption of any bond
5obligations. Any funds designated as surplus which are not
6disposed of as otherwise provided in this paragraph, shall be
7distributed as surplus as provided in Section 11-74.4-7.
8    (7) Any appropriation made pursuant to this Section for the
91987 State fiscal year shall not exceed the amount of $7
10million and for the 1988 State fiscal year the amount of $10
11million. The amount which shall be distributed to each
12municipality shall be the incremental revenue to which each
13municipality is entitled as calculated by the Department of
14Revenue, unless the requests of the municipality exceed the
15appropriation, then the amount to which each municipality shall
16be entitled shall be prorated among the municipalities in the
17same proportion as the increment to which the municipality
18would be entitled bears to the total increment which all
19municipalities would receive in the absence of this limitation,
20provided that no municipality may receive an amount in excess
21of 15% of the appropriation. For the 1987 Net State Sales Tax
22Increment payable in Fiscal Year 1989, no municipality shall
23receive more than 7.5% of the total appropriation; provided,
24however, that any of the appropriation remaining after such
25distribution shall be prorated among municipalities on the
26basis of their pro rata share of the total increment. Beginning

 

 

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

 

 

HB3855 Engrossed- 498 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 499 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

HB3855 Engrossed- 501 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 502 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 503 -LRB100 05985 AMC 16014 b

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

 

 

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1Tax Increment produced within the State Sales Tax Boundary
2shall be spent only within that area. However expenditures of
3all municipal property tax increment and municipal sales tax
4increment in a redevelopment project area are not required to
5be spent within the smaller State Sales Tax Boundary within
6such redevelopment project area.
7    (11) The Department of Revenue shall have the authority to
8issue rules and regulations for purposes of this Section. and
9regulations for purposes of this Section.
10    (12) If, under Section 5.4.1 of the Illinois Enterprise
11Zone Act, a municipality determines that property that lies
12within a State Sales Tax Boundary has an improvement,
13rehabilitation, or renovation that is entitled to a property
14tax abatement, then that property along with any improvements,
15rehabilitation, or renovations shall be immediately removed
16from any State Sales Tax Boundary. The municipality that made
17the determination shall notify the Department of Revenue within
1830 days after the determination. Once a property is removed
19from the State Sales Tax Boundary because of the existence of a
20property tax abatement resulting from an enterprise zone, then
21that property shall not be permitted to be amended into a State
22Sales Tax Boundary.
23(Source: P.A. 94-793, eff. 5-19-06; revised 9-21-16.)
 
24    (65 ILCS 5/11-102-2)  (from Ch. 24, par. 11-102-2)
25    Sec. 11-102-2. Every municipality specified in Section

 

 

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111-102-1 may purchase, construct, reconstruct, expand and
2improve landing fields, landing strips, landing floats,
3hangars hangers, terminal buildings and other structures
4relating thereto and may provide terminal facilities for public
5airports; may construct, reconstruct and improve causeways,
6roadways, and bridges for approaches to or connections with the
7landing fields, landing strips and landing floats; and may
8construct and maintain breakwaters for the protection of such
9airports with a water front. Before any work of construction is
10commenced in, over or upon any public waters of the state, the
11plans and specifications therefor shall be submitted to and
12approved by the Department of Transportation of the state.
13Submission to and approval by the Department of Transportation
14is not required for any work or construction undertaken as part
15of the O'Hare Modernization Program as defined in Section 10 of
16the O'Hare Modernization Act.
17(Source: P.A. 93-450, eff. 8-6-03; revised 10-26-16.)
 
18    Section 285. The Fire Protection District Act is amended by
19renumbering Section 11l as follows:
 
20    (70 ILCS 705/11m)
21    Sec. 11m 11l. Enforcement of the Fire Investigation Act.
22    (a) The fire chief has the authority to enforce the
23provisions of any rules adopted by the State Fire Marshal under
24the provisions of the Fire Investigation Act or to carry out

 

 

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

 

 

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

 

 

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

 

 

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1certified copy of the ordinance shall be filed in the office of
2the clerk of the county wherein the park district is situated,
3and the county clerk shall extend a tax sufficient to pay the
4principal of and interest on the bonds as they mature without
5limitation as to rate or amount, and the county clerk shall
6reduce the tax rate levied by the district pursuant to Section
79-2b by the amount of the rate extended for payment of
8principal and interest of the bonds. The clerk shall extend the
9tax as provided in Section 6-6. If the rate necessary to be
10extended for the payment of principal and interest of the bonds
11exceeds the rate authorized to be levied by the district,
12pursuant to Section 9-2b, then the rate of tax for the payment
13of bonds and interest only shall be extended. Where the
14district is situated in more than one county the tax shall be
15certified, apportioned and levied as provided in Section 5-4.
16Notwithstanding the foregoing, after July 28, 1969, any park
17district may issue bonds under this Section for the purpose of
18maintaining, improving or replacing its existing airport
19facilities or landing fields to the extent required to conform
20to the standards of the Department of Transportation or of any
21appropriate federal agency relating to a State or of federal
22airports plan or airways system. If such bonds are issued the
23tax levied for the payment of principal and interest of the
24bonds as they mature shall be in addition to that levied by the
25district under Section 9-2b and the county clerk shall extend
26both taxes accordingly. The aggregate principal amount of bonds

 

 

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1issued under this Section that may be outstanding at any time
2may not exceed 1/2 of 1% of the aggregate valuation of all
3taxable property within the district, as equalized or assessed
4by the Department of Revenue. No bond ordinance may take effect
5nor may bonds be issued thereunder if the amount of bonds taken
6with the outstanding principal indebtedness under this Section
7exceeds the 1/2 of 1% limit unless the question of whether such
8additional bonds shall be issued is submitted to the legal
9voters of the district, in the manner provided by Section 6-4,
10and a majority of those voting on the proposition vote in favor
11thereof. In no event may the principal aggregate amount of any
12bonds issued under such ordinance exceed, together with the
13principal amount of bonds previously issued under this Section
14and then outstanding, 1 1/4% of the aggregate valuation of all
15taxable property within the district, as equalized or assessed
16by the Department of Revenue.
17    Bonds issued under this Section are not a part of the
18existing indebtedness of a park district for purposes of
19Article 6 of this Code.
20    With respect to instruments for the payment of money issued
21under this Section either before, on, or after June 6, 1989
22(the effective date of Public Act 86-4) this amendatory Act of
231989, it is and always has been the intention of the General
24Assembly (i) that the Omnibus Bond Acts are and always have
25been supplementary grants of power to issue instruments in
26accordance with the Omnibus Bond Acts, regardless of any

 

 

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

 

 

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1factor and subfactor, including any weighting of criteria to be
2employed by the Chicago Park District. The Chicago Park
3District must maintain a record of the evaluation scoring to be
4disclosed in event of a protest regarding the solicitation.
5    The Chicago Park District shall include the following
6criteria in every Phase I evaluation of design-build entities:
7(1) experience of personnel; (2) successful experience with
8similar project types; (3) financial capability; (4)
9timeliness of past performance; (5) experience with similarly
10sized projects; (6) successful reference checks of the firm;
11(7) commitment to assign personnel for the duration of the
12project and qualifications of the entity's consultants; and (8)
13ability or past performance in meeting or exhausting good faith
14efforts to meet the utilization goals for minority and women
15business enterprises established by the corporate authorities
16of the Chicago Park District and in complying with Section
172-105 of the Illinois Human Rights Act. The Chicago Park
18District may include any additional relevant criteria in Phase
19I that it deems necessary for a proper qualification review.
20The Chicago Park District may include any additional relevant
21criteria in Phase I that it deems necessary for a proper
22qualification review.
23    The Chicago Park District may not consider any design-build
24entity for evaluation or award if the entity has any pecuniary
25interest in the project or has other relationships or
26circumstances, including but not limited to, long-term

 

 

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

 

 

HB3855 Engrossed- 514 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 515 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 516 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 517 -LRB100 05985 AMC 16014 b

1trustees of said sanitary district and the corporate
2authorities of any such drainage district shall be unable to
3agree upon the compensation to be paid or reimbursed
4re-imbursed to such drainage district, the same may be
5ascertained and enforced by any proper proceeding in the
6circuit court.
7(Source: P.A. 79-1360; revised 9-21-16.)
 
8    Section 305. The North Shore Water Reclamation District Act
9is amended by changing Section 8 as follows:
 
10    (70 ILCS 2305/8)  (from Ch. 42, par. 284)
11    Sec. 8. Such sanitary district may acquire by purchase,
12condemnation, or otherwise any and all real and personal
13property, right of way and privilege, either within or without
14its corporate limits that may be required for its corporate
15purposes; and in case any district formed hereunder shall be
16unable to agree with any other sanitary district upon the terms
17under which it shall be permitted to use the drains, channels
18or ditches of such other sanitary district, the right to use
19the same may be required by condemnation in the circuit court
20by proceedings in the manner, as near as may be, as is provided
21in Section 4-17 of the "Illinois Drainage Code", approved June
2229, 1955, as amended. The compensation to be paid for such use
23may be a gross sum, or it may be in the form of an annual
24rental, to be paid in yearly installments as and in the manner

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 522 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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11970, as now or hereafter amended. Such notes shall be sold at
2such time or times as the Board shall determine. The notes may
3be sold either upon competitive bidding or by negotiated sale
4(without any requirement of publication of intention to
5negotiate the sale of such notes), as the Board shall determine
6by ordinance adopted with the affirmative votes of at least 4
7Directors. In case any officer whose signature appears on any
8notes or coupons authorized pursuant to this Section shall
9cease to be such officer before delivery of such notes, such
10signature shall nevertheless be valid and sufficient for all
11purposes, the same as if such officer had remained in office
12until such delivery. Neither the Directors of the Regional
13Transportation Authority, the Directors of the Authority nor
14any person executing any bonds or notes thereof shall be liable
15personally on any such bonds or notes or coupons by reason of
16the issuance thereof.
17    (c) All notes of the Authority issued pursuant to this
18Section shall be general obligations of the Authority to which
19shall be pledged the full faith and credit of the Authority, as
20provided in this Section. Such notes shall be secured as
21provided in the authorizing ordinance, which may,
22notwithstanding any other provision of this Act, include in
23addition to any other security, a specific pledge or assignment
24of and lien on or security interest in any or all tax receipts
25of the Regional Transportation Authority allocated to the
26Authority and on any or all other revenues or moneys of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(Source: P.A. 96-328, eff. 8-11-09; revised 9-22-16.)
 
2    Section 325. The Public Transit Employee Training Programs
3Act is amended by changing Section 3 as follows:
 
4    (70 ILCS 3620/3)  (from Ch. 111 2/3, par. 803)
5    Sec. 3. (a). All mass transit employees shall be required
6to participate in an anti-crime program that comprehensively
7addresses the identification of and reaction to potentially
8dangerous situations involving carrier operatives or
9passengers.
10    (b). The establishment of minimum standards, however, in no
11way precludes a carrier from implementing alternate or more
12advanced programs so long as said programs are:
13        (1) consistent with the imperative of subsection (a);
14        (2) developed in consultation with a recognized crime
15    prevention organization; and
16        (3) carried out in consultation with the Review
17    Committee established under Section 8 of this Act.
18(Source: P.A. 81-846; revised 9-12-16.)
 
19    Section 330. The School Code is amended by changing
20Sections 2-3.161, 10-22.29a, 14-6.01, 21B-70, 22-30, 27A-9,
2130-14.2, 34-54.2, and 34A-404, by setting forth and renumbering
22multiple versions of Sections 2-3.167, 10-20.58, and 34-18.50,
23and by setting forth, renumbering, and changing multiple

 

 

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

 

 

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1shall complete its work before December 15, 2015 and is
2abolished on December 15, 2015. The State Board of Education
3shall reestablish the advisory group abolished on December 15,
42015 to complete the abolished group's work. The reestablished
5advisory group shall complete its work before December 31, 2016
6and is abolished on December 31, 2016. The provisions of this
7subsection (b), other than this sentence, are inoperative after
8December 31, 2016.
9(Source: P.A. 98-705, eff. 7-14-14; 99-65, eff. 7-16-15; 99-78,
10eff. 7-20-15; 99-602, eff. 7-22-16; 99-603, eff. 7-22-16;
11revised 9-6-16.)
 
12    (105 ILCS 5/2-3.167)
13    (Section scheduled to be repealed on July 1, 2018)
14    Sec. 2-3.167. Task Force on Computer Science Education.
15    (a) The State Board of Education shall establish a Task
16Force on Computer Science Education, to be comprised of all of
17the following members, with an emphasis on bipartisan
18legislative representation and diverse non-legislative
19stakeholder representation:
20        (1) One member appointed by the Speaker of the House of
21    Representatives.
22        (2) One member appointed by the President of the
23    Senate.
24        (3) One member appointed by the Minority Leader of the
25    House of Representatives.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    academic and career achievement?
2        (3) How do at-risk students perform academically?
3        (4) How do at-risk students perform academically
4    compared to students from higher socio-economic statuses?
5        (5) What programs are shown to help at-risk students
6    reach higher levels of academic and career achievement?
7        (6) What specific curriculums help the academic
8    success of at-risk students?
9        (7) Of curriculums that help at-risk students, which of
10    these need to be implemented within the Illinois Learning
11    Standards?
12        (8) To what degree do school districts teach cultural
13    history, and how can this be improved?
14        (9) Specific policy recommendations to improve the
15    academic success of at-risk students.
16        (10) Any other information that the Council determines
17    will assist in the understanding of the barriers to success
18    for or increase the academic performance of at-risk
19    students.
20The Council shall submit an annual report with updated
21information on the barriers to academic success and the
22academic progress of at-risk students by no later than December
2315 of each year beginning the year after the initial report is
24submitted.
25(Source: P.A. 99-721, eff. 8-5-16; revised 10-14-16.)
 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1issuance of certificates in the name of the fiduciary or of
2individual club members. Any investment club formed under this
3Section must sell all securities purchased through the club and
4distribute the proceeds of sales to its members by May 20th
5each year. All investment clubs are subject to the provisions
6of the "The Illinois Securities Law of 1953", as amended.
7(Source: P.A. 81-1508; revised 10-25-16.)
 
8    (105 ILCS 5/14-6.01)  (from Ch. 122, par. 14-6.01)
9    Sec. 14-6.01. Powers and duties of school boards. School
10boards of one or more school districts establishing and
11maintaining any of the educational facilities described in this
12Article shall, in connection therewith, exercise similar
13powers and duties as are prescribed by law for the
14establishment, maintenance and management of other recognized
15educational facilities. Such school boards shall include only
16eligible children in the program and shall comply with all the
17requirements of this Article and all rules and regulations
18established by the State Board of Education. Such school boards
19shall accept in part-time attendance children with
20disabilities of the types described in Sections 14-1.02 through
2114-1.07 who are enrolled in nonpublic schools. A request for
22part-time attendance must be submitted by a parent or guardian
23of the child with a disability and may be made only to those
24public schools located in the district where the child
25attending the nonpublic school resides; however, nothing in

 

 

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

 

 

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1person written materials and other information that indicates
2the specific policies, procedures, rules and regulations
3regarding the identification, evaluation or educational
4placement of children with disabilities under Section 14-8.02
5of the School Code. Such information shall include information
6regarding all rights and entitlements of such children under
7this Code, and of the opportunity to present complaints with
8respect to any matter relating to educational placement of the
9student, or the provision of a free appropriate public
10education and to have an impartial due process hearing on the
11complaint. The notice shall inform the parents or guardian in
12the parents' or guardian's native language, unless it is
13clearly not feasible to do so, of their rights and all
14procedures available pursuant to this Act and federal Public
15Law 94-142; it shall be the responsibility of the State
16Superintendent to develop uniform notices setting forth the
17procedures available under this Act and federal Public Law
1894-142, as amended, to be used by all school boards. The notice
19shall also inform the parents or guardian of the availability
20upon request of a list of free or low-cost legal and other
21relevant services available locally to assist parents or
22guardians in exercising rights or entitlements under this Code.
23    Any parent or guardian who is deaf, or does not normally
24communicate using spoken English, who participates in a meeting
25with a representative of a local educational agency for the
26purposes of developing an individualized educational program

 

 

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

 

 

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1or the high school district may elect to conduct its own
2evaluation and multidisciplinary staff conference and
3formulate its own individualized educational program, in which
4case the procedures and timelines contained in Section 14-8.02
5shall apply.
6(Source: P.A. 98-219, eff. 8-9-13; 99-143, eff. 7-27-15;
799-592, eff. 7-22-16; revised 9-6-16.)
 
8    (105 ILCS 5/21B-70)
9    Sec. 21B-70. Illinois Teaching Excellence Program.
10    (a) As used in this Section:
11    "Poverty or low-performing school" means a school
12identified as a priority school under Section 2-3.25d-5 of this
13Code or a school in which 50% or more of its students are
14eligible for free or reduced-price school lunches.
15    "Qualified educator" means a teacher or school counselor
16currently employed in a school district who is in the process
17of obtaining certification through the National Board for
18Professional Teaching Standards or who has completed
19certification and holds a current Professional Educator
20License with a National Board for Professional Teaching
21Standards designation or a retired teacher or school counselor
22who holds a Professional Educator License with a National Board
23for Professional Teaching Standards designation.
24    (b) Beginning on July 1, 2011, any funds appropriated for
25the Illinois Teaching Excellence Program must be used to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    "Self-carry" means a pupil's ability to carry his or her
2prescribed asthma medication or epinephrine auto-injector.
3    "Standing protocol" may be issued by (i) a physician
4licensed to practice medicine in all its branches, (ii) a
5licensed physician assistant with prescriptive authority, or
6(iii) a licensed advanced practice nurse with prescriptive
7authority.
8    "Trained personnel" means any school employee or volunteer
9personnel authorized in Sections 10-22.34, 10-22.34a, and
1010-22.34b of this Code who has completed training under
11subsection (g) of this Section to recognize and respond to
12anaphylaxis.
13    "Undesignated epinephrine auto-injector" means an
14epinephrine auto-injector prescribed in the name of a school
15district, public school, or nonpublic school.
16    (b) A school, whether public or nonpublic, must permit the
17self-administration and self-carry of asthma medication by a
18pupil with asthma or the self-administration and self-carry of
19an epinephrine auto-injector by a pupil, provided that:
20        (1) the parents or guardians of the pupil provide to
21    the school (i) written authorization from the parents or
22    guardians for (A) the self-administration and self-carry
23    of asthma medication or (B) the self-carry of asthma
24    medication or (ii) for (A) the self-administration and
25    self-carry of an epinephrine auto-injector or (B) the
26    self-carry of an epinephrine auto-injector, written

 

 

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

 

 

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1of the federal Rehabilitation Act of 1973 to administer an
2epinephrine auto-injector to the student, that meets the
3student's prescription on file.
4    (b-10) The school district, public school, or nonpublic
5school may authorize a school nurse or trained personnel to do
6the following: (i) provide an undesignated epinephrine
7auto-injector to a student for self-administration only or any
8personnel authorized under a student's Individual Health Care
9Action Plan, Illinois Food Allergy Emergency Action Plan and
10Treatment Authorization Form, or plan pursuant to Section 504
11of the federal Rehabilitation Act of 1973 to administer to the
12student, that meets the student's prescription on file; (ii)
13administer an undesignated epinephrine auto-injector that
14meets the prescription on file to any student who has an
15Individual Health Care Action Plan, Illinois Food Allergy
16Emergency Action Plan and Treatment Authorization Form, or plan
17pursuant to Section 504 of the federal Rehabilitation Act of
181973 that authorizes the use of an epinephrine auto-injector;
19(iii) administer an undesignated epinephrine auto-injector to
20any person that the school nurse or trained personnel in good
21faith believes is having an anaphylactic reaction; and (iv)
22administer an opioid antagonist to any person that the school
23nurse or trained personnel in good faith believes is having an
24opioid overdose.
25    (c) The school district, public school, or nonpublic school
26must inform the parents or guardians of the pupil, in writing,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1location where an individual may have an opioid overdose. A
2health care professional who has been delegated prescriptive
3authority for opioid antagonists in accordance with Section
45-23 of the Alcoholism and Other Drug Abuse and Dependency Act
5may prescribe opioid antagonists in the name of the school
6district, public school, or nonpublic school, to be maintained
7for use when necessary. Any supply of opioid antagonists shall
8be maintained in accordance with the manufacturer's
9instructions.
10    (f-3) Whichever entity initiates the process of obtaining
11undesignated epinephrine auto-injectors and providing training
12to personnel for carrying and administering undesignated
13epinephrine auto-injectors shall pay for the costs of the
14undesignated epinephrine auto-injectors.
15    (f-5) Upon any administration of an epinephrine
16auto-injector, a school district, public school, or nonpublic
17school must immediately activate the EMS system and notify the
18student's parent, guardian, or emergency contact, if known.
19    Upon any administration of an opioid antagonist, a school
20district, public school, or nonpublic school must immediately
21activate the EMS system and notify the student's parent,
22guardian, or emergency contact, if known.
23    (f-10) Within 24 hours of the administration of an
24undesignated epinephrine auto-injector, a school district,
25public school, or nonpublic school must notify the physician,
26physician assistant, or advanced practice nurse who provided

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1action plan from the parents or guardians of a pupil with
2asthma. If provided, the asthma action plan must be kept on
3file in the office of the school nurse or, in the absence of a
4school nurse, the school administrator. Copies of the asthma
5action plan may be distributed to appropriate school staff who
6interact with the pupil on a regular basis, and, if applicable,
7may be attached to the pupil's federal Section 504 plan or
8individualized education program plan.
9    (j-10) To assist schools with emergency response
10procedures for asthma, the State Board of Education, in
11consultation with statewide professional organizations with
12expertise in asthma management and a statewide organization
13representing school administrators, shall develop a model
14asthma episode emergency response protocol before September 1,
152016. Each school district, charter school, and nonpublic
16school shall adopt an asthma episode emergency response
17protocol before January 1, 2017 that includes all of the
18components of the State Board's model protocol.
19    (j-15) Every 2 years, school personnel who work with pupils
20shall complete an in-person or online training program on the
21management of asthma, the prevention of asthma symptoms, and
22emergency response in the school setting. In consultation with
23statewide professional organizations with expertise in asthma
24management, the State Board of Education shall make available
25resource materials for educating school personnel about asthma
26and emergency response in the school setting.

 

 

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1    (j-20) On or before October 1, 2016 and every year
2thereafter, the State Board of Education shall submit a report
3to the General Assembly and the Department of Public Health
4identifying the frequency and circumstances of opioid
5antagonist administration during the preceding academic year.
6This report shall be published on the State Board's Internet
7website on the date the report is delivered to the General
8Assembly.
9    (k) The State Board of Education may adopt rules necessary
10to implement this Section.
11    (l) Nothing in this Section shall limit the amount of
12epinephrine auto-injectors that any type of school or student
13may carry or maintain a supply of.
14(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
1599-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;
1699-843, eff. 8-19-16; revised 9-8-16.)
 
17    (105 ILCS 5/27A-9)
18    Sec. 27A-9. Term of charter; renewal.
19    (a) For charters granted before January 1, 2017 (the
20effective date of Public Act 99-840) this amendatory Act of the
2199th General Assembly, a charter may be granted for a period
22not less than 5 and not more than 10 school years. For charters
23granted on or after January 1, 2017 (the effective date of
24Public Act 99-840) this amendatory Act of the 99th General
25Assembly, a charter shall be granted for a period of 5 school

 

 

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1years. For charters renewed before January 1, 2017 (the
2effective date of Public Act 99-840) this amendatory Act of the
399th General Assembly, a charter may be renewed in incremental
4periods not to exceed 5 school years. For charters renewed on
5or after January 1, 2017 (the effective date of Public Act
699-840) this amendatory Act of the 99th General Assembly, a
7charter may be renewed in incremental periods not to exceed 10
8school years; however, the Commission may renew a charter only
9in incremental periods not to exceed 5 years. Authorizers shall
10ensure that every charter granted on or after January 1, 2017
11(the effective date of Public Act 99-840) this amendatory Act
12of the 99th General Assembly includes standards and goals for
13academic, organizational, and financial performance. A charter
14must meet all standards and goals for academic, organizational,
15and financial performance set forth by the authorizer in order
16to be renewed for a term in excess of 5 years but not more than
1710 years. If an authorizer fails to establish standards and
18goals, a charter shall not be renewed for a term in excess of 5
19years. Nothing contained in this Section shall require an
20authorizer to grant a full 10-year renewal term to any
21particular charter school, but an authorizer may award a full
2210-year renewal term to charter schools that have a
23demonstrated track record of improving student performance.
24    (b) A charter school renewal proposal submitted to the
25local school board or the Commission, as the chartering entity,
26shall contain:

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1war, be missing in action, have died as the result of a
2service-connected disability or have become a person with a
3permanent disability from service-connected causes with 100%
4disability and who (i) at the time of entering service was an
5Illinois resident, (ii) was an Illinois resident within 6
6months after entering such service, or (iii) until July 1,
72014, became an Illinois resident within 6 months after leaving
8the service and can establish at least 30 years of continuous
9residency in the State of Illinois.
10    Full-time enrollment means 12 or more semester hours of
11courses per semester, or 12 or more quarter hours of courses
12per quarter, or the equivalent thereof per term. Scholarships
13utilized by dependents enrolled in less than full-time study
14shall be computed in the proportion which the number of hours
15so carried bears to full-time enrollment.
16    Scholarships awarded under this Section may be used by a
17spouse or child without regard to his or her age. The holder of
18a Scholarship awarded under this Section shall be subject to
19all examinations and academic standards, including the
20maintenance of minimum grade levels, that are applicable
21generally to other enrolled students at the Illinois
22institution of higher learning where the Scholarship is being
23used. If the surviving spouse remarries or if there is a
24divorce between the veteran or serviceperson and his or her
25spouse while the dependent is pursuing his or her course of
26study, Scholarship benefits will be terminated at the end of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Sec. 34-54.2. Taxes levied in 1989 and 1990.
2    (a) All real property taxes levied by the board in 1989 and
31990 are confirmed and validated, and are declared to be and
4are valid, in all respects as if they had been timely and
5properly levied by the city council upon the demand and
6direction of the Board. It shall not be a valid ground for any
7person in any way to object to, protest, bring any proceeding
8with regard to or defend against the collection of any such
9taxes, that the taxes were levied by the board.
10    (b) The board may levy taxes against all taxable property
11located within the city in an amount equal to all taxes
12purported to be levied by the board in 1989 and in 1990, for
13each purpose for which taxes were purported so to be levied, to
14the extent those taxes shall not yet have been extended for
15collection at the time of the levy authorized by this paragraph
16(b). The taxes authorized to be levied by this paragraph (b)
17shall be levied by a resolution of the board selected pursuant
18to Public Act 86-1477 this amendatory Act of 1991. The
19resolution shall be adopted upon concurrence of a majority of
20the members of the board. The taxes levied pursuant to this
21paragraph (b) shall be extended for collection in 1991 and
22subsequent years and in amounts so that they do not exceed the
23maximum rates at which taxes may be extended for the various
24school purposes, all as shall be set forth in a certificate of
25the controller of the board as provided in Section Sec. 34-54.1
26of this the School Code, as amended. Taxes levied pursuant to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 605 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 606 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 607 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 608 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 609 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 610 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 611 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 612 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 613 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 614 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 615 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 616 -LRB100 05985 AMC 16014 b

1expenses of preparation and mailing.
2    (i) A savings bank shall be reimbursed for costs that are
3necessary and that have been directly incurred in searching
4for, reproducing, or transporting books, papers, records, or
5other data of a customer required to be reproduced pursuant to
6a lawful subpoena, warrant, citation to discover assets, or
7court order.
8    (j) Notwithstanding the provisions of this Section, a
9savings bank may sell or otherwise make use of lists of
10customers' names and addresses. All other information
11regarding a customer's account are subject to the disclosure
12provisions of this Section. At the request of any customer,
13that customer's name and address shall be deleted from any list
14that is to be sold or used in any other manner beyond
15identification of the customer's accounts.
16(Source: P.A. 98-49, eff. 7-1-13; 99-143, eff. 7-27-15; revised
179-14-16.)
 
18    (205 ILCS 205/5001)  (from Ch. 17, par. 7305-1)
19    Sec. 5001. Minimum capital.
20    (a) A savings saving bank may be organized to exercise the
21powers conferred by this Act with minimum capital, surplus, and
22reserves for operating expenses as determined by the
23Commissioner. In no case may the Commissioner establish
24requirements for insured savings banks at a level less than
25that required for insurance of accounts. For any savings bank

 

 

HB3855 Engrossed- 617 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 618 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 619 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 620 -LRB100 05985 AMC 16014 b

1by the savings bank and of the date fixed by the Secretary for
2payment of the fee.
3(Source: P.A. 98-1081, eff. 1-1-15; 99-39, eff. 1-1-16; revised
49-14-16.)
 
5    Section 365. The Illinois Credit Union Act is amended by
6changing Sections 12, 34.1, 46, and 57.1 as follows:
 
7    (205 ILCS 305/12)  (from Ch. 17, par. 4413)
8    Sec. 12. Regulatory fees.
9    (1) For the fiscal year beginning July 1, 2007, a credit
10union regulated by the Department shall pay a regulatory fee to
11the Department based upon its total assets as shown by its
12Year-end Call Report at the following rates or at a lesser rate
13established by the Secretary in a manner proportionately
14consistent with the following rates and sufficient to fund the
15actual administrative and operational expenses of the
16Department's Credit Union Section pursuant to subsection (4) of
17this Section:
18TOTAL ASSETSREGULATORY FEE
19$25,000 or less ................$100
20Over $25,000 and not over
21$100,000 .......................$100 plus $4 per
22$1,000 of assets in excess of
23$25,000
24Over $100,000 and not over

 

 

HB3855 Engrossed- 621 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 622 -LRB100 05985 AMC 16014 b

1in excess of $100,000,000
2Over $500,000,000 ..............$106,406 plus $0.056
3per $1,000 of assets
4in excess of $500,000,000
5    (2) The Secretary shall review the regulatory fee schedule
6in subsection (1) and the projected earnings on those fees on
7an annual basis and adjust the fee schedule no more than 5%
8annually if necessary to defray the estimated administrative
9and operational expenses of the Credit Union Section of the
10Department as defined in subsection (5). However, the fee
11schedule shall not be increased if the amount remaining in the
12Credit Union Fund at the end of any fiscal year is greater than
1325% of the total actual and operational expenses incurred by
14the State in administering and enforcing the Illinois Credit
15Union Act and other laws, rules, and regulations as may apply
16to the administration and enforcement of the foregoing laws,
17rules, and regulations as amended from time to time for the
18preceding fiscal year. The regulatory fee for the next fiscal
19year shall be calculated by the Secretary based on the credit
20union's total assets as of December 31 of the preceding
21calendar year. The Secretary shall provide credit unions with
22written notice of any adjustment made in the regulatory fee
23schedule.
24    (3) A credit union shall pay to the Department a regulatory
25fee in quarterly installments equal to one-fourth of the
26regulatory fee due in accordance with the regulatory fee

 

 

HB3855 Engrossed- 623 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 624 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 625 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 629 -LRB100 05985 AMC 16014 b

1extensions of credit secured by residential real estate shall
2be subject to the laws applicable thereto. The rates of
3interest to be charged on loans to members shall be set by the
4board of directors of each individual credit union in
5accordance with Section 30 of this Act and such rates may be
6less than, but may not exceed, the maximum rate set forth in
7this Section. A borrower may repay his loan prior to maturity,
8in whole or in part, without penalty. A prepayment penalty does
9not include a waived, bona fide third-party charge that the
10credit union imposes if the borrower prepays all of the
11transaction's principal sooner than 36 months after
12consummation of a closed-end credit transaction, a waived, bona
13fide third-party charge that the credit union imposes if the
14borrower terminates an open-end credit plan sooner than 36
15months after account opening, or a yield maintenance fee
16imposed on a business loan transaction. The credit contract may
17provide for the payment by the member and receipt by the credit
18union of all costs and disbursements, including reasonable
19attorney's fees and collection agency charges, incurred by the
20credit union to collect or enforce the debt in the event of a
21delinquency by the member, or in the event of a breach of any
22obligation of the member under the credit contract. A
23contingency or hourly arrangement established under an
24agreement entered into by a credit union with an attorney or
25collection agency to collect a loan of a member in default
26shall be presumed prima facie reasonable.

 

 

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

 

 

HB3855 Engrossed- 631 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

HB3855 Engrossed- 633 -LRB100 05985 AMC 16014 b

1under this Act shall constitute compliance with this Act.
2    (6) Credit unions may make residential real estate mortgage
3loans on terms and conditions established by the United States
4Department of Agriculture through its Rural Development
5Housing and Community Facilities Program. The portion of any
6loan in excess of the appraised value of the real estate shall
7be allocable only to the guarantee fee required under the
8program.
9    (7) For a renewal, refinancing, or restructuring of an
10existing loan at the credit union that is secured by an
11interest or equity in real estate, a new appraisal of the
12collateral shall not be required when (i) no new moneys are
13advanced other than funds necessary to cover reasonable closing
14costs, or (ii) there has been no obvious or material change in
15market conditions or physical aspects of the real estate that
16threatens the adequacy of the credit union's real estate
17collateral protection after the transaction, even with the
18advancement of new moneys. The Department reserves the right to
19require an appraisal under this subsection (7) whenever the
20Department believes it is necessary to address safety and
21soundness concerns.
22(Source: P.A. 98-749, eff. 7-16-14; 98-784, eff. 7-24-14;
2399-78, eff. 7-20-15; 99-149, eff. 1-1-16; 99-331, eff. 1-1-16;
2499-614, eff. 7-22-16; 99-642, eff. 7-28-16; revised 10-20-16.)
 
25    (205 ILCS 305/57.1)

 

 

HB3855 Engrossed- 634 -LRB100 05985 AMC 16014 b

1    Sec. 57.1. Services to other credit unions. (a) A credit
2union may act as a representative of and enter into an
3agreement with credit unions or other organizations for the
4purposes of:
5        (1) sharing, utilizing, renting, leasing, purchasing,
6    selling, and joint ownership of fixed assets or engaging in
7    activities and services that relate to the daily operations
8    of credit unions; and
9        (2) providing correspondent services to other credit
10    unions that the service provider credit union is authorized
11    to perform for its own members or as part of its
12    operations, including, but not limited to, loan
13    processing, loan servicing, member check cashing services,
14    disbursing share withdrawals and loan proceeds, cashing
15    and selling money orders, ACH and wire transfer services,
16    implementation and administrative support services related
17    to the use of debit cards, payroll debit cards, and other
18    prepaid debit cards and credit cards, coin and currency
19    services, performing internal audits, and automated teller
20    machine deposit services.
21(Source: P.A. 98-784, eff. 7-24-14; 99-78, eff. 7-20-15;
2299-149, eff. 1-1-16; revised 9-14-16.)
 
23    Section 370. The Transmitters of Money Act is amended by
24changing Section 90 as follows:
 

 

 

HB3855 Engrossed- 635 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 636 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

HB3855 Engrossed- 638 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 639 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

HB3855 Engrossed- 641 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 642 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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1    violated;
2        (2) the The reasonable diligence exercised by the
3    licensee and efforts to correct violations; .
4        (3) any Any previous violations committed by the
5    licensee; and
6        (4) the The financial benefit to the facility of
7    committing or continuing the violation.
8(Source: P.A. 96-1372, eff. 7-29-10; revised 9-8-16.)
 
9    Section 390. The MC/DD Act is amended by changing Section
103-318 as follows:
 
11    (210 ILCS 46/3-318)
12    Sec. 3-318. Business offenses.
13    (a) No person shall:
14        (1) intentionally Intentionally fail to correct or
15    interfere with the correction of a Type "AA", Type "A", or
16    Type "B" violation within the time specified on the notice
17    or approved plan of correction under this Act as the
18    maximum period given for correction, unless an extension is
19    granted and the corrections are made before expiration of
20    extension;
21        (2) intentionally Intentionally prevent, interfere
22    with, or attempt to impede in any way any duly authorized
23    investigation and enforcement of this Act;
24        (3) intentionally Intentionally prevent or attempt to

 

 

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

 

 

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

 

 

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

 

 

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1    inpatient admission in a State psychiatric hospital; and
2        (ix) an individual transferred by the Department of
3    Corrections pursuant to Section 3-8-5 of the Unified Code
4    of Corrections.
5    "Consumer record" means a record that organizes all
6information on the care, treatment, and rehabilitation
7services rendered to a consumer in a specialized mental health
8rehabilitation facility.
9    "Controlled drugs" means those drugs covered under the
10federal Comprehensive Drug Abuse Prevention Control Act of
111970, as amended, or the Illinois Controlled Substances Act.
12    "Department" means the Department of Public Health.
13    "Discharge" means the full release of any consumer from a
14facility.
15    "Drug administration" means the act in which a single dose
16of a prescribed drug or biological is given to a consumer. The
17complete act of administration entails removing an individual
18dose from a container, verifying the dose with the prescriber's
19orders, giving the individual dose to the consumer, and
20promptly recording the time and dose given.
21    "Drug dispensing" means the act entailing the following of
22a prescription order for a drug or biological and proper
23selection, measuring, packaging, labeling, and issuance of the
24drug or biological to a consumer.
25    "Emergency" means a situation, physical condition, or one
26or more practices, methods, or operations which present

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1from the licensed location of the facility and must meet all of
2the facility standards applicable to the licensed location. If
3the triage center does operate in a separate building, safety
4personnel shall be provided, on site, 24 hours per day and the
5triage center shall meet all other staffing requirements
6without counting any staff employed in the main facility
7building.
8(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
999-180, eff. 7-29-15; revised 9-8-16.)
 
10    (210 ILCS 49/4-201)
11    Sec. 4-201. Accreditation and licensure. At the end of the
12provisional licensure period established in Part 1 of this
13Article 4, the Department shall license a facility as a
14specialized mental health rehabilitation facility under this
15Act that successfully completes and obtains valid national
16accreditation in behavioral health from a recognized national
17accreditation entity and complies with licensure standards as
18established by the Department of Public Health in
19administrative rule. Rules governing licensure standards shall
20include, but not be limited to, appropriate fines and sanctions
21associated with violations of laws or regulations. The
22following shall be considered to be valid national
23accreditation in behavioral health from a an national
24accreditation entity:
25        (1) the Joint Commission;

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the original registered professional nurse appointee shall
2commence July 1, 1969; the term of office of the original
3licensed podiatric physician appointee shall commence July 1,
41981; the term of office of the original dentist appointee
5shall commence July 1, 1987; and the term of office of each
6successor shall commence on July 1 of the year in which his
7predecessor's term expires. Board members, while serving on
8business of the Board, shall receive actual and necessary
9travel and subsistence expenses while so serving away from
10their places of residence. The Board shall meet as frequently
11as the Director deems necessary, but not less than once a year.
12Upon request of 5 or more members, the Director shall call a
13meeting of the Board.
14    (c) The Director shall prescribe rules, regulations,
15standards, and statements of policy needed to implement,
16interpret, or make specific the provisions and purposes of this
17Act. The Department shall adopt rules which set forth standards
18for determining when the public interest, safety or welfare
19requires emergency action in relation to termination of a
20research program or experimental procedure conducted by a
21hospital licensed under this Act. No rule, regulation, or
22standard shall be adopted by the Department concerning the
23operation of hospitals licensed under this Act which has not
24had prior approval of the Hospital Licensing Board, nor shall
25the Department adopt any rule, regulation or standard relating
26to the establishment of a hospital without consultation with

 

 

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1the Hospital Licensing Board.
2    (d) Within one year after August 7, 1984 (the effective
3date of Public Act 83-1248) this amendatory Act of 1984, all
4hospitals licensed under this Act and providing perinatal care
5shall comply with standards of perinatal care promulgated by
6the Department. The Director shall promulgate rules or
7regulations under this Act which are consistent with the
8Developmental Disability Prevention Act "An Act relating to the
9prevention of developmental disabilities", approved September
106, 1973, as amended.
11(Source: P.A. 98-214, eff. 8-9-13; revised 10-26-16.)
 
12    (210 ILCS 85/10.8)
13    Sec. 10.8. Requirements for employment of physicians.
14    (a) Physician employment by hospitals and hospital
15affiliates. Employing entities may employ physicians to
16practice medicine in all of its branches provided that the
17following requirements are met:
18        (1) The employed physician is a member of the medical
19    staff of either the hospital or hospital affiliate. If a
20    hospital affiliate decides to have a medical staff, its
21    medical staff shall be organized in accordance with written
22    bylaws where the affiliate medical staff is responsible for
23    making recommendations to the governing body of the
24    affiliate regarding all quality assurance activities and
25    safeguarding professional autonomy. The affiliate medical

 

 

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

 

 

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1    violation of this Section by physicians who are not
2    employed by the employing entity. The affiliate may arrange
3    with the hospital medical staff to conduct these reviews.
4    The independent physicians shall make findings and
5    recommendations to the employing entity and the employed
6    physician within 30 days of the conclusion of the gathering
7    of the relevant information.
8    (b) Definitions. For the purpose of this Section:
9    "Employing entity" means a hospital licensed under the
10Hospital Licensing Act or a hospital affiliate.
11    "Employed physician" means a physician who receives an IRS
12W-2 form, or any successor federal income tax form, from an
13employing entity.
14    "Hospital" means a hospital licensed under the Hospital
15Licensing Act, except county hospitals as defined in subsection
16(c) of Section 15-1 of the Illinois Public Aid Code.
17    "Hospital affiliate" means a corporation, partnership,
18joint venture, limited liability company, or similar
19organization, other than a hospital, that is devoted primarily
20to the provision, management, or support of health care
21services and that directly or indirectly controls, is
22controlled by, or is under common control of the hospital.
23"Control" means having at least an equal or a majority
24ownership or membership interest. A hospital affiliate shall be
25100% owned or controlled by any combination of hospitals, their
26parent corporations, or physicians licensed to practice

 

 

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

 

 

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

 

 

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1taking disciplinary actions against a physician as permitted by
2law.
3    (h) Physician review. Nothing in this Section shall be
4construed to prohibit a hospital or hospital affiliate from
5making a determination not to pay for a particular health care
6service or to prohibit a medical group, independent practice
7association, hospital medical staff, or hospital governing
8body from enforcing reasonable peer review or utilization
9review protocols or determining whether the employed physician
10complied with those protocols.
11    (i) Review. Nothing in this Section may be used or
12construed to establish that any activity of a hospital or
13hospital affiliate is subject to review under the Illinois
14Health Facilities Planning Act.
15    (j) Rules. The Department shall adopt any rules necessary
16to implement this Section.
17(Source: P.A. 92-455, eff. 9-30-01; revised 10-26-16.)
 
18    Section 415. The Illinois Insurance Code is amended by
19changing Sections 35A-15, 35A-60, 126.12, 126.25, 143.19,
20355a, and 1303 as follows:
 
21    (215 ILCS 5/35A-15)
22    Sec. 35A-15. Company action level event.
23    (a) A company action level event means any of the following
24events:

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(Source: P.A. 98-157, eff. 8-2-13; 99-542, eff. 7-8-16; revised
29-9-16.)
 
3    (215 ILCS 5/35A-60)
4    Sec. 35A-60. Phase-in of Article.
5    (a) For RBC Reports filed with respect to the December 31,
61993 annual statement, instead of the provisions of Sections
735A-15, 35A-20, 35A-25, and 35A-30, the following provisions
8apply:
9        (1) In the event of a company action level event, the
10    Director shall take no action under this Article.
11        (2) In the event of a regulatory action level event
12    under paragraph (1), (2), or (3) of subsection (a) of
13    Section 35A-20, the Director shall take the actions
14    required under Section 35A-15.
15        (3) In the event of a regulatory action level event
16    under paragraph (4), (5), (6), (7), (8), or (9) of
17    subsection (a) of Section 35A-20 or an authorized control
18    level event, the Director shall take the actions required
19    under Section 35A-20.
20        (4) In the event of a mandatory control level event,
21    the Director shall take the actions required under Section
22    35A-25.
23    (b) For RBC Reports required to be filed by property and
24casualty insurers with respect to the December 31, 1995 annual
25statement, instead of the provisions of Sections Section

 

 

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135A-15, 35A-20, 35A-25, and 35A-30, the following provisions
2apply:
3        (1) In the event of a company action level event with
4    respect to a domestic insurer, the Director shall take no
5    regulatory action under this Article.
6        (2) In the event of a regulatory action level event
7    under paragraph (1), (2), or (3) of subsection (a) of
8    Section 35A-20, the Director shall take the actions
9    required under Section 35A-15.
10        (3) In the event of a regulatory action level event
11    under paragraph (4), (5), (6), (7), (8), or (9) of
12    subsection (a) of Section 35A-20 or an authorized control
13    level event, the Director shall take the actions required
14    under Section 35A-20.
15        (4) In the event of a mandatory control level event,
16    the Director shall take the actions required under Section
17    35A-25.
18    (c) For RBC Reports required to be filed by health
19organizations with respect to the December 31, 1999 annual
20statement and the December 31, 2000 annual statement, instead
21of the provisions of Sections 35A-15, 35A-20, 35A-25, and
2235A-30, the following provisions apply:
23        (1) In the event of a company action level event with
24    respect to a domestic insurer, the Director shall take no
25    regulatory action under this Article.
26        (2) In the event of a regulatory action level event

 

 

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1    under paragraph (1), (2), or (3) of subsection (a) of
2    Section 35A-20, the Director shall take the actions
3    required under Section 35A-15.
4        (3) In the event of a regulatory action level event
5    under paragraph (4), (5), (6), (7), (8), or (9) of
6    subsection (a) of Section 35A-20 or an authorized control
7    level event, the Director shall take the actions required
8    under Section 35A-20.
9        (4) In the event of a mandatory control level event,
10    the Director shall take the actions required under Section
11    35A-25.
12    This subsection does not apply to a health organization
13that provides or arranges for a health care plan under which
14enrollees may access health care services from contracted
15providers without a referral from their primary care physician.
16    Nothing in this subsection shall preclude or limit other
17powers or duties of the Director under any other laws.
18    (d) For RBC Reports required to be filed by fraternal
19benefit societies with respect to the December 31, 2013 annual
20statement and the December 31, 2014 annual statement, instead
21of the provisions of Sections 35A-15, 35A-20, 35A-25, and
2235A-30, the following provisions apply:
23        (1) In the event of a company action level event with
24    respect to a domestic insurer, the Director shall take no
25    regulatory action under this Article.
26        (2) In the event of a regulatory action level event

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1have a notice prominently printed on the first page of the
2policy or attached thereto stating in substance, that the
3policyholder shall have the right to return the policy within
410 days of its delivery and to have the premium refunded if
5after examination of the policy the policyholder is not
6satisfied for any reason.
7    (b) The Director shall issue such rules as he shall deem
8necessary or desirable to prescribe the format and content of
9the outline of coverage required by paragraph (a) of this
10subsection. "Format" means style, arrangement, and overall
11appearance, including such items as the size, color, and
12prominence of type and the arrangement of text and captions.
13"Content" shall include without limitation thereto, statements
14relating to the particular policy as to the applicable category
15of coverage prescribed under subsection (4) 4; principal
16benefits; exceptions, reductions and limitations; and renewal
17provisions, including any reservation by the insurer of a right
18to change premiums. Such outline of coverage shall clearly
19state that it constitutes a summary of the policy issued or
20applied for and that the policy should be consulted to
21determine governing contractual provisions.
22    (c) Without limiting the generality of paragraph (b) of
23this subsection (5), no qualified health plans shall be offered
24for sale directly to consumers through the health insurance
25marketplace operating in the State in accordance with Sections
261311 and 1321 of the federal Patient Protection and Affordable

 

 

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

 

 

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

 

 

HB3855 Engrossed- 703 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 704 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 705 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 706 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 707 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 708 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 709 -LRB100 05985 AMC 16014 b

1their professional capacity as an attorney, shall be exempt
2from this Section.
3    (g) All licenses issued under this Act shall terminate 24
4months following the date of issuance and may be renewed by
5providing to the Director satisfactory evidence that the
6reinsurance intermediary continues to meet the requirements of
7this Section and upon payment of the fees specified in Section
8408 of the Illinois Insurance Code.
9(Source: P.A. 89-97, eff. 7-7-95; revised 9-1-16.)
 
10    Section 425. The Comprehensive Health Insurance Plan Act is
11amended by changing Sections 4, 5, and 15 as follows:
 
12    (215 ILCS 105/4)  (from Ch. 73, par. 1304)
13    Sec. 4. Powers and authority of the board. The board shall
14have the general powers and authority granted under the laws of
15this State to insurance companies licensed to transact health
16and accident insurance and in addition thereto, the specific
17authority to:
18        a. Enter into contracts as are necessary or proper to
19    carry out the provisions and purposes of this Act,
20    including the authority, with the approval of the Director,
21    to enter into contracts with similar plans of other states
22    for the joint performance of common administrative
23    functions, or with persons or other organizations for the
24    performance of administrative functions including, without

 

 

HB3855 Engrossed- 710 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 711 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 712 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 713 -LRB100 05985 AMC 16014 b

1        qualify for Plan coverage under Section 15 of this Act,
2        which shall consist of:
3                (A) premiums paid on behalf of covered
4            persons;
5                (B) assessments and other revenues collected
6            or received by the Board;
7                (C) reserves for future losses maintained by
8            the Board; and
9                (D) interest earnings from investment of the
10            federally eligible individuals account funds; and
11                (E) grants provided pursuant to the federal
12            Trade Act of 2002; and
13            (3) such other accounts as may be appropriate.
14        m. Charge and collect assessments paid by insurers
15    pursuant to Section 12 of this Act and recover any
16    assessments for, on behalf of, or against those insurers.
17(Source: P.A. 93-33, eff. 6-23-03; 93-34, eff. 6-23-03; revised
189-1-16.)
 
19    (215 ILCS 105/5)  (from Ch. 73, par. 1305)
20    Sec. 5. Plan administrator.
21    a. The Board shall select a Plan administrator through a
22competitive bidding process to administer the Plan. The Board
23shall evaluate bids submitted under this Section based on
24criteria established by the Board which shall include:
25        (1) The Plan administrator's proven ability to handle

 

 

HB3855 Engrossed- 714 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 715 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 716 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 717 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 718 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 719 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 720 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 721 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 722 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 723 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 724 -LRB100 05985 AMC 16014 b

1Organization, jointly selected by the patient (or the patient's
2next of kin or legal representative if the patient is unable to
3act for himself), primary care physician and the Health
4Maintenance Organization in the event of a dispute between the
5primary care physician and the Health Maintenance Organization
6regarding the medical necessity of a covered service proposed
7by a primary care physician. In the event that the reviewing
8physician determines the covered service to be medically
9necessary, the Health Maintenance Organization shall provide
10the covered service. Future contractual or employment action by
11the Health Maintenance Organization regarding the primary care
12physician shall not be based solely on the physician's
13participation in this procedure.
14(Source: P.A. 85-20; 85-850; revised 10-5-16.)
 
15    Section 440. The Limited Health Service Organization Act is
16amended by changing Sections 4003 and 4006 as follows:
 
17    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
18    Sec. 4003. Illinois Insurance Code provisions. Limited
19health service organizations shall be subject to the provisions
20of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,
21143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,
22154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,
23356z.10, 356z.21, 356z.22, 368a, 401, 401.1, 402, 403, 403A,
24408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII

 

 

HB3855 Engrossed- 725 -LRB100 05985 AMC 16014 b

11/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the
2Illinois Insurance Code. For purposes of the Illinois Insurance
3Code, except for Sections 444 and 444.1 and Articles XIII and
4XIII 1/2, limited health service organizations in the following
5categories are deemed to be domestic companies:
6        (1) a corporation under the laws of this State; or
7        (2) a corporation organized under the laws of another
8    state, 30% or of more of the enrollees of which are
9    residents of this State, except a corporation subject to
10    substantially the same requirements in its state of
11    organization as is a domestic company under Article VIII
12    1/2 of the Illinois Insurance Code.
13(Source: P.A. 97-486, eff. 1-1-12; 97-592, 1-1-12; 97-805, eff.
141-1-13; 97-813, eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091,
15eff. 1-1-15; revised 10-5-16.)
 
16    (215 ILCS 130/4006)  (from Ch. 73, par. 1504-6)
17    Sec. 4006. Supervision of rehabilitation, liquidation or
18conservation by the Director.
19    (a) For purposes of the rehabilitation, liquidation or
20conservation of a limited health service organization, the
21operation of a limited health service organization in this
22State constitutes a form of insurance protection which should
23be governed by the same provisions governing the
24rehabilitation, liquidation or conservation of insurance
25companies. Any rehabilitation, liquidation or conservation of

 

 

HB3855 Engrossed- 726 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 727 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 728 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 729 -LRB100 05985 AMC 16014 b

1    transferred, or pledged a purchased policy to a person
2    other than a viatical settlement provider licensed in this
3    State, a viatical settlement purchaser, a financing
4    entity, a special purpose entity, or a related provider
5    trust; or
6        (9) the viatical settlement provider or any officer,
7    partner, member, or controlling person of the viatical
8    settlement provider has violated any of the provisions of
9    this Act.
10    (b) If the Director denies a viatical settlement provider
11license application or suspends, revokes, or refuses to renew
12the license of a viatical settlement provider, the Director
13shall notify the applicant or viatical settlement provider and
14advise, in writing, the applicant or viatical settlement
15provider of the reason for the suspension, revocation, denial,
16or nonrenewal of the applicant's or licensee's license. The
17applicant or viatical settlement provider may make a written
18demand upon the Director within 30 days after the date of
19mailing for a hearing before the Director to determine the
20reasonableness of the Director's action. The hearing must be
21held within not fewer than 20 days nor more than 30 days after
22the mailing of the notice of hearing and shall be held in
23accordance with the Illinois Administrative Procedure Act and
2450 Ill. Adm. Code 2402 Section 2402 of Chapter 50 of the
25Illinois Administrative Code.
26(Source: P.A. 96-736, eff. 7-1-10; revised 9-13-16.)
 

 

 

HB3855 Engrossed- 730 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 731 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 732 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 733 -LRB100 05985 AMC 16014 b

1telecommunications carriers subject to its jurisdiction and
2this Section to comply with its determinations and
3specifications in this regard.
4    (e) As used in this Section:
5    "Prepaid wireless telecommunications service" has the
6meaning given to that term under Section 10 of the Prepaid
7Wireless 9-1-1 Surcharge Act.
8    "Retail transaction" has the meaning given to that term
9under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
10    "Seller" has the meaning given to that term under Section
1110 of the Prepaid Wireless 9-1-1 Surcharge Act.
12    "Telecommunications carrier providing local exchange
13service" includes, without otherwise limiting the meaning of
14the term, telecommunications carriers which are purely mutual
15concerns, having no rates or charges for services, but paying
16the operating expenses by assessment upon the members of such a
17company and no other person.
18    "Wireless carrier" has the meaning given to that term under
19Section 10 of the Wireless Emergency Telephone Safety Act.
20    (f) Interconnected VoIP service providers, sellers of
21prepaid wireless telecommunications service, and wireless
22carriers in Illinois shall collect and remit assessments
23determined in accordance with this Section in a competitively
24neutral manner in the same manner as a telecommunications
25carrier providing local exchange service. However, the
26assessment imposed on consumers of prepaid wireless

 

 

HB3855 Engrossed- 734 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 735 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 736 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 737 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 738 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 739 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 740 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 741 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 742 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 749 -LRB100 05985 AMC 16014 b

1have close contact with children. The website content shall be
2reviewed annually in collaboration with the Department of
3Public Health to reflect the most current recommendations of
4the Advisory Committee on Immunization Practices (ACIP). The
5Department shall work with day care centers and day care homes
6licensed under this Act to ensure that the information is
7annually distributed to parents in August or September.
8    (j) Any standard adopted by the Department that requires an
9applicant for a license to operate a day care home to include a
10copy of a high school diploma or equivalent certificate with
11his or her application shall be deemed to be satisfied if the
12applicant includes a copy of a high school diploma or
13equivalent certificate or a copy of a degree from an accredited
14institution of higher education or vocational institution or
15equivalent certificate.
16(Source: P.A. 98-817, eff. 1-1-15; 99-143, eff. 7-27-15;
1799-779, eff. 1-1-17; revised 10-27-16.)
 
18    (225 ILCS 10/14.6)
19    Sec. 14.6. Agency payment of salaries or other
20compensation.
21    (a) A licensed child welfare agency may pay salaries or
22other compensation to its officers, employees, agents,
23contractors, or any other persons acting on its behalf for
24providing adoption services, provided that all of the following
25limitations apply:

 

 

HB3855 Engrossed- 750 -LRB100 05985 AMC 16014 b

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

 

 

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1this Section, the Department shall take into account the
2location, number, and qualifications of staff, workload
3requirements, budget, and size of the agency or person and
4available norms for compensation within the adoption
5community. Every licensed child welfare agency providing
6adoption services shall provide the Department and the Attorney
7General with a report, on an annual basis, providing a
8description of the fees, wages, salaries and other compensation
9described in paragraphs (1), (2), and (3) of subsection (a) of
10this Section. Nothing in Section 12C-70 of the Criminal Code of
112012 shall be construed to prevent a child welfare agency from
12charging fees or the payment of salaries and compensation as
13limited in this Section and any applicable Section of this Act
14or the Adoption Act.
15    (c) This Section does not apply to international adoption
16services performed by those child welfare agencies governed by
17the 1993 Hague Convention on Protection of Children and
18Cooperation in Respect of Intercountry Adoption and the
19Intercountry Adoption Act of 2000.
20    (d) Eligible agencies may be deemed compliant with this
21Section.
22(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
23revised 9-14-16.)
 
24    Section 460. The Clinical Social Work and Social Work
25Practice Act is amended by changing Section 3 as follows:
 

 

 

HB3855 Engrossed- 752 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 753 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 754 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

HB3855 Engrossed- 756 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 757 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

HB3855 Engrossed- 759 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

HB3855 Engrossed- 762 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    and, upon proof by clear and convincing evidence, being
2    found to have caused a child to be an abused child or
3    neglected child as defined in the Abused and Neglected
4    Child Reporting Act.
5        (40) Habitual or excessive use or abuse of drugs
6    defined in law as controlled substances, alcohol, or any
7    other substance which results in the inability to practice
8    with reasonable judgment, skill, or safety.
9        (41) Practicing under a false or, except as provided by
10    law, an assumed name.
11        (42) Cheating on or attempting to subvert the licensing
12    examination administered under this Code.
13    (c) The Department may refuse to issue or renew or may
14suspend without a hearing, as provided for in the Department of
15Professional Regulation Law of the Civil Administrative Code of
16Illinois, the license of any person who fails to file a return,
17to pay the tax, penalty or interest shown in a filed return, or
18to pay any final assessment of tax, penalty or interest as
19required by any tax Act administered by the Illinois Department
20of Revenue, until the time as the requirements of the tax Act
21are satisfied in accordance with subsection (g) of Section
222105-15 of the Department of Professional Regulation Law of the
23Civil Administrative Code of Illinois.
24    (d) No action may be taken under this Code against a person
25licensed under this Code unless the action is commenced within
265 years after the occurrence of the alleged violations. A

 

 

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

 

 

HB3855 Engrossed- 773 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 774 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 775 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 776 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

HB3855 Engrossed- 778 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 779 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 780 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 781 -LRB100 05985 AMC 16014 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1physical therapy treatment program as established by the
2licensed physical therapist. The patient care activities
3provided by the physical therapist assistant shall not include
4the interpretation of referrals, evaluation procedures, or the
5planning or major modification of patient programs.
6    (10) "Physical therapy aide" means a person who has
7received on the job training, specific to the facility in which
8he is employed.
9    (11) "Advanced practice nurse" means a person licensed as
10an advanced practice nurse under the Nurse Practice Act.
11    (12) "Physician assistant" means a person licensed under
12the Physician Assistant Practice Act of 1987.
13(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
1499-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)
 
15    Section 490. The Professional Counselor and Clinical
16Professional Counselor Licensing and Practice Act is amended by
17changing Sections 30 and 80 as follows:
 
18    (225 ILCS 107/30)  (from Ch. 111, par. 8451-30)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 30. Professional Counselor Licensing Examining and
21Disciplinary Board.
22    (a) The Secretary shall appoint a Board which shall serve
23in an advisory capacity to the Secretary. The Board shall
24consist of 7 persons, 2 of whom are licensed solely as

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1counseling, or treatment agreement or fails to abide by the
2terms of the agreement, the Department may file a complaint to
3revoke, suspend, or otherwise discipline the license of the
4individual. The Secretary may order the license suspended
5immediately, pending a hearing by the Department. Fines shall
6not be assessed in disciplinary actions involving physical or
7mental illness or impairment.
8    In instances in which the Secretary immediately suspends a
9person's license under this Section, a hearing on that person's
10license must be convened by the Department within 15 days after
11the suspension and completed without appreciable delay. The
12Department shall have the authority to review the subject
13individual's record of treatment and counseling regarding the
14impairment to the extent permitted by applicable federal
15statutes and regulations safeguarding the confidentiality of
16medical records.
17    An individual licensed under this Act and affected under
18this Section shall be afforded an opportunity to demonstrate to
19the Department that he or she can resume practice in compliance
20with acceptable and prevailing standards under the provisions
21of his or her license.
22    (d) (Blank).
23(Source: P.A. 97-706, eff. 6-25-12; 98-49, eff. 7-1-13; revised
2410-27-16.)
 
25    Section 495. The Sex Offender Evaluation and Treatment

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    requirements of paragraph (2) of this subsection (c).
2    (2) A person who applies to the Department shall be issued
3an associate sex offender provider license by the Department if
4the person meets the qualifications set forth in paragraph (1)
5of this subsection (c) and provides evidence to the Department
6that the person holds a master's degree or higher in social
7work, psychology, marriage and family therapy, counseling or
8closely related behavioral science degree, or psychiatry.
9(Source: P.A. 97-1098, eff. 7-1-13; 98-612, eff. 12-27-13;
10revised 9-14-16.)
 
11    Section 500. The Veterinary Medicine and Surgery Practice
12Act of 2004 is amended by changing Section 19.2 as follows:
 
13    (225 ILCS 115/19.2)
14    (Section scheduled to be repealed on January 1, 2024)
15    Sec. 19.2. Patient requests for prescriptions. A
16veterinarian Veterinarians shall honor a client's request for a
17prescription in lieu of dispensing a drug when a
18veterinarian-client-patient relationship exists and the
19veterinarian has determined that the drug is medically
20necessary.
21(Source: P.A. 99-223, eff. 7-31-15; revised 10-27-16.)
 
22    Section 505. The Genetic Counselor Licensing Act is amended
23by changing Sections 10 and 95 as follows:
 

 

 

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1    (225 ILCS 135/10)
2    (Section scheduled to be repealed on January 1, 2025)
3    Sec. 10. Definitions. As used in this Act:
4    "ABGC" means the American Board of Genetic Counseling.
5    "ABMG" means the American Board of Medical Genetics.
6    "Active candidate status" is awarded to applicants who have
7received approval from the ABGC or ABMG to sit for their
8respective certification examinations.
9    "Address of record" means the designated address recorded
10by the Department in the applicant's or licensee's application
11file or license file as maintained by the Department's
12licensure maintenance unit. It is the duty of the applicant or
13licensee to inform the Department of any change of address, and
14those changes must be made either through the Department's
15website or by contacting the Department.
16    "Department" means the Department of Financial and
17Professional Regulation.
18    "Genetic anomaly" means a variation in an individual's DNA
19that has been shown to confer a genetically influenced disease
20or predisposition to a genetically influenced disease or makes
21a person a carrier of such variation. A "carrier" of a genetic
22anomaly means a person who may or may not have a predisposition
23or risk of incurring a genetically influenced condition and who
24is at risk of having offspring with a genetically influenced
25condition.

 

 

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1    "Genetic counseling" means the provision of services,
2which may include the ordering of genetic tests, to
3individuals, couples, groups, families, and organizations by
4one or more appropriately trained individuals to address the
5physical and psychological issues associated with the
6occurrence or risk of occurrence or recurrence of a genetic
7disorder, birth defect, disease, or potentially inherited or
8genetically influenced condition in an individual or a family.
9"Genetic counseling" consists of the following:
10        (A) Estimating the likelihood of occurrence or
11    recurrence of a birth defect or of any potentially
12    inherited or genetically influenced condition. This
13    assessment may involve:
14            (i) obtaining and analyzing a complete health
15        history of the person and his or her family;
16            (ii) reviewing pertinent medical records;
17            (iii) evaluating the risks from exposure to
18        possible mutagens or teratogens;
19            (iv) recommending genetic testing or other
20        evaluations to diagnose a condition or determine the
21        carrier status of one or more family members;
22        (B) Helping the individual, family, health care
23    provider, or health care professional (i) appreciate the
24    medical, psychological and social implications of a
25    disorder, including its features, variability, usual
26    course and management options, (ii) learn how genetic

 

 

HB3855 Engrossed- 804 -LRB100 05985 AMC 16014 b

1    factors contribute to the disorder and affect the chance
2    for recurrence of the condition in other family members,
3    and (iii) understand available options for coping with,
4    preventing, or reducing the chance of occurrence or
5    recurrence of a condition.
6        (C) Facilitating an individual's or family's (i)
7    exploration of the perception of risk and burden associated
8    with the disorder and (ii) adjustment and adaptation to the
9    condition or their genetic risk by addressing needs for
10    psychological, social, and medical support.
11    "Genetic counselor" means a person licensed under this Act
12to engage in the practice of genetic counseling.
13    "Genetic testing" and "genetic test" mean a test or
14analysis of human genes, gene products, DNA, RNA, chromosomes,
15proteins, or metabolites that detects genotypes, mutations,
16chromosomal changes, abnormalities, or deficiencies, including
17carrier status, that (i) are linked to physical or mental
18disorders or impairments, (ii) indicate a susceptibility to
19illness, disease, impairment, or other disorders, whether
20physical or mental, or (iii) demonstrate genetic or chromosomal
21damage due to environmental factors. "Genetic testing" and
22"genetic tests" do not include routine physical measurements;
23chemical, blood and urine analyses that are widely accepted and
24in use in clinical practice; tests for use of drugs; tests for
25the presence of the human immunodeficiency virus; analyses of
26proteins or metabolites that do not detect genotypes,

 

 

HB3855 Engrossed- 805 -LRB100 05985 AMC 16014 b

1mutations, chromosomal changes, abnormalities, or
2deficiencies; or analyses of proteins or metabolites that are
3directly related to a manifested disease, disorder, or
4pathological condition that could reasonably be detected by a
5health care professional with appropriate training and
6expertise in the field of medicine involved.
7    "Person" means an individual, association, partnership, or
8corporation.
9    "Qualified supervisor" means any person who is a licensed
10genetic counselor, as defined by rule, or a physician licensed
11to practice medicine in all its branches. A qualified
12supervisor may be provided at the applicant's place of work, or
13may be contracted by the applicant to provide supervision. The
14qualified supervisor shall file written documentation with the
15Department of employment, discharge, or supervisory control of
16a genetic counselor at the time of employment, discharge, or
17assumption of supervision of a genetic counselor.
18    "Secretary" means the Secretary of Financial and
19Professional Regulation.
20    "Supervision" means review of aspects of genetic
21counseling and case management in a bimonthly meeting with the
22person under supervision.
23(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
2499-633, eff. 1-1-17; revised 10-27-16.)
 
25    (225 ILCS 135/95)

 

 

HB3855 Engrossed- 806 -LRB100 05985 AMC 16014 b

1    (Section scheduled to be repealed on January 1, 2025)
2    Sec. 95. Grounds for discipline.
3    (a) The Department may refuse to issue, renew, or may
4revoke, suspend, place on probation, reprimand, or take other
5disciplinary or non-disciplinary action as the Department
6deems appropriate, including the issuance of fines not to
7exceed $10,000 for each violation, with regard to any license
8for any one or more of the following:
9        (1) Material misstatement in furnishing information to
10    the Department or to any other State agency.
11        (2) Violations or negligent or intentional disregard
12    of this Act, or any of its rules.
13        (3) Conviction by plea of guilty or nolo contendere,
14    finding of guilt, jury verdict, or entry of judgment or
15    sentencing, including, but not limited to, convictions,
16    preceding sentences of supervision, conditional discharge,
17    or first offender probation, under the laws of any
18    jurisdiction of the United States: (i) that is a felony or
19    (ii) that is a misdemeanor, an essential element of which
20    is dishonesty, or that is directly related to the practice
21    of genetic counseling.
22        (4) Making any misrepresentation for the purpose of
23    obtaining a license, or violating any provision of this Act
24    or its rules.
25        (5) Negligence in the rendering of genetic counseling
26    services.

 

 

HB3855 Engrossed- 807 -LRB100 05985 AMC 16014 b

1        (6) Failure to provide genetic testing results and any
2    requested information to a referring physician licensed to
3    practice medicine in all its branches, advanced practice
4    nurse, or physician assistant.
5        (7) Aiding or assisting another person in violating any
6    provision of this Act or any rules.
7        (8) Failing to provide information within 60 days in
8    response to a written request made by the Department.
9        (9) Engaging in dishonorable, unethical, or
10    unprofessional conduct of a character likely to deceive,
11    defraud, or harm the public and violating the rules of
12    professional conduct adopted by the Department.
13        (10) Failing to maintain the confidentiality of any
14    information received from a client, unless otherwise
15    authorized or required by law.
16        (10.5) Failure to maintain client records of services
17    provided and provide copies to clients upon request.
18        (11) Exploiting a client for personal advantage,
19    profit, or interest.
20        (12) Habitual or excessive use or addiction to alcohol,
21    narcotics, stimulants, or any other chemical agent or drug
22    which results in inability to practice with reasonable
23    skill, judgment, or safety.
24        (13) Discipline by another governmental agency or unit
25    of government, by any jurisdiction of the United States, or
26    by a foreign nation, if at least one of the grounds for the

 

 

HB3855 Engrossed- 808 -LRB100 05985 AMC 16014 b

1    discipline is the same or substantially equivalent to those
2    set forth in this Section.
3        (14) Directly or indirectly giving to or receiving from
4    any person, firm, corporation, partnership, or association
5    any fee, commission, rebate, or other form of compensation
6    for any professional service not actually rendered.
7    Nothing in this paragraph (14) affects any bona fide
8    independent contractor or employment arrangements among
9    health care professionals, health facilities, health care
10    providers, or other entities, except as otherwise
11    prohibited by law. Any employment arrangements may include
12    provisions for compensation, health insurance, pension, or
13    other employment benefits for the provision of services
14    within the scope of the licensee's practice under this Act.
15    Nothing in this paragraph (14) shall be construed to
16    require an employment arrangement to receive professional
17    fees for services rendered.
18        (15) A finding by the Department that the licensee,
19    after having the license placed on probationary status has
20    violated the terms of probation.
21        (16) Failing to refer a client to other health care
22    professionals when the licensee is unable or unwilling to
23    adequately support or serve the client.
24        (17) Willfully filing false reports relating to a
25    licensee's practice, including but not limited to false
26    records filed with federal or State agencies or

 

 

HB3855 Engrossed- 809 -LRB100 05985 AMC 16014 b

1    departments.
2        (18) Willfully failing to report an instance of
3    suspected child abuse or neglect as required by the Abused
4    and Neglected Child Reporting Act.
5        (19) Being named as a perpetrator in an indicated
6    report by the Department of Children and Family Services
7    pursuant to the Abused and Neglected Child Reporting Act,
8    and upon proof by clear and convincing evidence that the
9    licensee has caused a child to be an abused child or
10    neglected child as defined in the Abused and Neglected
11    Child Reporting Act.
12        (20) Physical or mental disability, including
13    deterioration through the aging process or loss of
14    abilities and skills which results in the inability to
15    practice the profession with reasonable judgment, skill,
16    or safety.
17        (21) Solicitation of professional services by using
18    false or misleading advertising.
19        (22) Failure to file a return, or to pay the tax,
20    penalty of interest shown in a filed return, or to pay any
21    final assessment of tax, penalty or interest, as required
22    by any tax Act administered by the Illinois Department of
23    Revenue or any successor agency or the Internal Revenue
24    Service or any successor agency.
25        (23) Fraud or making any misrepresentation in applying
26    for or procuring a license under this Act or in connection

 

 

HB3855 Engrossed- 810 -LRB100 05985 AMC 16014 b

1    with applying for renewal of a license under this Act.
2        (24) Practicing or attempting to practice under a name
3    other than the full name as shown on the license or any
4    other legally authorized name.
5        (25) Gross overcharging for professional services,
6    including filing statements for collection of fees or
7    monies for which services are not rendered.
8        (26) (Blank).
9        (27) Charging for professional services not rendered,
10    including filing false statements for the collection of
11    fees for which services are not rendered.
12        (28) Allowing one's license under this Act to be used
13    by an unlicensed person in violation of this Act.
14    (b) The Department shall deny, without hearing, any
15application or renewal for a license under this Act to any
16person who has defaulted on an educational loan guaranteed by
17the Illinois Student State Assistance Commission; however, the
18Department may issue a license or renewal if the person in
19default has established a satisfactory repayment record as
20determined by the Illinois Student Assistance Commission.
21    (c) The determination by a court that a licensee is subject
22to involuntary admission or judicial admission as provided in
23the Mental Health and Developmental Disabilities Code will
24result in an automatic suspension of his or her license. The
25suspension will end upon a finding by a court that the licensee
26is no longer subject to involuntary admission or judicial

 

 

HB3855 Engrossed- 811 -LRB100 05985 AMC 16014 b

1admission, the issuance of an order so finding and discharging
2the patient, and the determination of the Secretary that the
3licensee be allowed to resume professional practice.
4    (d) The Department may refuse to issue or renew or may
5suspend without hearing the license of any person who fails to
6file a return, to pay the tax penalty or interest shown in a
7filed return, or to pay any final assessment of the tax,
8penalty, or interest as required by any Act regarding the
9payment of taxes administered by the Illinois Department of
10Revenue until the requirements of the Act are satisfied in
11accordance with subsection (g) of Section 2105-15 of the Civil
12Administrative Code of Illinois.
13    (e) In cases where the Department of Healthcare and Family
14Services has previously determined that a licensee or a
15potential licensee is more than 30 days delinquent in the
16payment of child support and has subsequently certified the
17delinquency to the Department, the Department may refuse to
18issue or renew or may revoke or suspend that person's license
19or may take other disciplinary action against that person based
20solely upon the certification of delinquency made by the
21Department of Healthcare and Family Services in accordance with
22item (5) of subsection (a) of Section 2105-15 of the Department
23of Professional Regulation Law of the Civil Administrative Code
24of Illinois.
25    (f) All fines or costs imposed under this Section shall be
26paid within 60 days after the effective date of the order

 

 

HB3855 Engrossed- 812 -LRB100 05985 AMC 16014 b

1imposing the fine or costs or in accordance with the terms set
2forth in the order imposing the fine.
3(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
499-633, eff. 1-1-17; revised 10-27-16.)
 
5    Section 510. The Private Sewage Disposal Licensing Act is
6amended by changing Section 5 as follows:
 
7    (225 ILCS 225/5)  (from Ch. 111 1/2, par. 116.305)
8    Sec. 5. (a) The Director shall issue a private sewage
9system installation contractor license or a private sewage
10disposal system pumping contractor license to persons applying
11for such license who successfully pass a written examination
12prepared by the Department and who pay the required annual
13license fee in an amount determined by the Department. Each
14person who holds a currently valid plumbing license issued
15under the "Illinois Plumbing License Law", as now or hereafter
16amended, shall not be required to pay the annual license fee
17required by this Section, but such licensed person shall comply
18with all other provisions of this Act, including the
19requirement for examination for licensure.
20    (b) A license issued under this Act shall expire on
21December 31 of the year issued, except that an original license
22issued after October 1 and before December 31 shall expire on
23December 31 of the following year.
24    The Department shall reinstate a license which expires

 

 

HB3855 Engrossed- 813 -LRB100 05985 AMC 16014 b

1while a licensee is in the active military service of the
2United States upon application to the Department by the former
3licensee within 2 years after termination of such military
4service, payment of the annual license fee, and submission of
5evidence of such military service. Such license shall be
6reinstated without examination and without payment of the
7reinstatement fee.
8    (c) A private sewage disposal system pumping contractor or
9a private sewage system installation contractor whose license
10has expired for a period of less than 3 years may apply to the
11Department for reinstatement of his license. The Department
12shall issue such renewed license provided the applicant pays to
13the Department all lapsed license fees, plus a reinstatement
14fee determined by the Department. A license which has expired
15for more than 3 years may be restored only by reapplying to
16take the examination and by successfully passing the written
17examination.
18(Source: P.A. 85-1261; revised 9-14-16.)
 
19    Section 515. The Structural Pest Control Act is amended by
20changing Section 3.14 as follows:
 
21    (225 ILCS 235/3.14)  (from Ch. 111 1/2, par. 2203.14)
22    (Section scheduled to be repealed on December 31, 2019)
23    Sec. 3.14. "Restricted Pesticide" means any substance or
24mixture of substances intended for preventing, destroying,

 

 

HB3855 Engrossed- 814 -LRB100 05985 AMC 16014 b

1repelling, or mitigating any pest, the use of which has been
2categorized as restricted under subparagraph (C) of paragraph
3(1) of subsection (d) of Section 3 of the Federal Insecticide,
4Fungicide, and Rodenticide Act as amended or under the Illinois
5Pesticide Act.
6(Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08;
7revised 9-14-16.)
 
8    Section 520. The Interior Design Title Act is amended by
9changing Section 21 as follows:
 
10    (225 ILCS 310/21)  (from Ch. 111, par. 8221)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 21. Administrative Review Law. All final
13administrative decisions decision of the Department are
14subject to judicial review under the Administrative Review Law
15and its rules. The term "administrative decision" is defined as
16in Section 3-101 of the Code of Civil Procedure.
17    Proceedings for judicial review shall be commenced in the
18circuit court of the county in which the party applying for
19review resides, but if the party is not a resident of this
20State, the venue shall be in Sangamon County.
21    The Department shall not be required to certify any record
22to the court or file any answer in court or otherwise appear in
23any court in a judicial review proceeding, unless there is
24filed in the court with the complaint a receipt from the

 

 

HB3855 Engrossed- 815 -LRB100 05985 AMC 16014 b

1Department acknowledging payment of the costs of furnishing and
2certifying the record. Exhibits shall be certified without
3cost. Failure on the part of the plaintiff to file a receipt in
4court shall be grounds for dismissal of the action. During the
5pendency and hearing of any and all judicial proceedings
6incident to a disciplinary action, any sanctions imposed upon
7the registrant by the Department shall remain in full force and
8effect.
9(Source: P.A. 86-1404; 87-1031; revised 9-14-16.)
 
10    Section 525. The Illinois Plumbing License Law is amended
11by changing Section 3 as follows:
 
12    (225 ILCS 320/3)  (from Ch. 111, par. 1103)
13    Sec. 3. (1) All planning and designing of plumbing systems
14and all plumbing shall be performed only by plumbers licensed
15under the provisions of this Act hereinafter called "licensed
16plumbers" and "licensed apprentice plumbers". The inspection
17of plumbing and plumbing systems shall be done only by the
18sponsor or his or her agent who shall be an Illinois licensed
19plumber. Nothing herein contained shall prohibit licensed
20plumbers or licensed apprentice plumbers under supervision
21from planning, designing, inspecting, installing, repairing,
22maintaining, altering or extending building sewers in
23accordance with this Act. No person who holds a license or
24certificate of registration under the Illinois Architecture

 

 

HB3855 Engrossed- 816 -LRB100 05985 AMC 16014 b

1Practice Act of 1989, or the Structural Engineering Practice
2Act of 1989, or the Professional Engineering Practice Act of
31989 shall be prevented from planning and designing plumbing
4systems. Each licensed plumber shall, as a condition of each
5annual license renewal after the first license, provide proof
6of completion of 4 hours of continuing education. Sponsors of
7continuing education shall meet the criteria provided by the
8Board of Plumbing Examiners and Plumbing Code advisory council.
9Continuing education courses shall provide instruction in
10plumbing, which is supervised directly by an Illinois licensed
11plumber only.
12    (2) Nothing herein contained shall prohibit the owner
13occupant or lessee occupant of a single family residence, or
14the owner of a single family residence under construction for
15his or her occupancy, from planning, installing, altering or
16repairing the plumbing system of such residence, provided that
17(i) such plumbing shall comply with the minimum standards for
18plumbing contained in the Illinois State Plumbing Code, and
19shall be subject to inspection by the Department or the local
20governmental unit if it retains a licensed plumber as an
21inspector; and (ii) such owner, owner occupant or lessee
22occupant shall not employ other than a plumber licensed
23pursuant to this Act to assist him or her.
24    For purposes of this subsection, a person shall be
25considered an "occupant" if and only if he or she has taken
26possession of and is living in the premises as his or her bona

 

 

HB3855 Engrossed- 817 -LRB100 05985 AMC 16014 b

1fide sole and exclusive residence, or, in the case of an owner
2of a single family residence under construction for his or her
3occupancy, he or she expects to take possession of and live in
4the premises as his or her bona fide sole and exclusive
5residence, and he or she has a current intention to live in
6such premises as his or her bona fide sole and exclusive
7residence for a period of not less than 6 months after the
8completion of the plumbing work performed pursuant to the
9authorization of this subsection, or, in the case of an owner
10of a single family residence under construction for his or her
11occupancy, for a period of not less than 6 months after the
12completion of construction of the residence. Failure to possess
13and live in the premises as a sole and exclusive residence for
14a period of 6 months or more shall create a rebuttable
15presumption of a lack of such intention.
16    (3) The employees of a firm, association, partnership or
17corporation who engage in plumbing shall be licensed plumbers
18or licensed apprentice plumbers. At least one member of every
19firm, association or partnership engaged in plumbing work, and
20at least one corporate officer of every corporation engaged in
21plumbing work, as the case may be, shall be a licensed plumber.
22A retired plumber cannot fulfill the requirements of this
23subsection (3). Plumbing contractors are also required to be
24registered pursuant to the provisions of this Act.
25    Notwithstanding the provisions of this subsection (3), it
26shall be lawful for an irrigation contractor registered under

 

 

HB3855 Engrossed- 818 -LRB100 05985 AMC 16014 b

1Section 2.5 of this Act to employ or contract with one or more
2licensed plumbers in connection with work on lawn sprinkler
3systems pursuant to Section 2.5 of this Act.
4    (4)(a) A licensed apprentice plumber shall plan, design and
5install plumbing only under the supervision of the sponsor or
6his or her agent who is also an Illinois licensed plumber.
7    (b) An applicant for licensing as an apprentice plumber
8shall be at least 16 years of age and apply on the application
9form provided by the Department. Such application shall verify
10that the applicant is sponsored by an Illinois licensed plumber
11or an approved apprenticeship program and shall contain the
12name and license number of the licensed plumber or program
13sponsor.
14    (c) No licensed plumber shall sponsor more than 2 licensed
15apprentice plumbers at the same time. If 2 licensed apprentice
16plumbers are sponsored by a plumber at the same time, one of
17the apprentices must have, at a minimum, 2 years experience as
18a licensed apprentice. No licensed plumber sponsor or his or
19her agent may supervise 2 licensed apprentices with less than 2
20years experience at the same time. The sponsor or agent shall
21supervise and be responsible for the plumbing performed by a
22licensed apprentice.
23    (d) No agent shall supervise more than 2 licensed
24apprentices at the same time.
25    (e) No licensed plumber may, in any capacity, supervise
26more than 2 licensed apprentice plumbers at the same time.

 

 

HB3855 Engrossed- 819 -LRB100 05985 AMC 16014 b

1    (f) No approved apprenticeship program may sponsor more
2licensed apprentices than 2 times the number of licensed
3plumbers available to supervise those licensed apprentices.
4    (g) No approved apprenticeship program may sponsor more
5licensed apprentices with less than 2 years experience than it
6has licensed plumbers available to supervise those licensed
7apprentices.
8    (h) No individual shall work as an apprentice plumber
9unless he or she is properly licensed under this Act. The
10Department shall issue an apprentice plumber's license to each
11approved applicant.
12    (i) No licensed apprentice plumber shall serve more than a
136 year licensed apprenticeship period. If, upon completion of a
146 year licensed apprenticeship period, such licensed
15apprentice plumber does not apply for the examination for a
16plumber's license and successfully pass the examination for a
17plumber's license, his or her apprentice plumber's license
18shall not be renewed.
19    Nothing contained in Public Act P.A. 83-878, entitled "An
20Act in relation to professions", approved September 26, 1983,
21was intended by the General Assembly nor should it be construed
22to require the employees of a governmental unit or privately
23owned municipal water supplier who operate, maintain or repair
24a water or sewer plant facility which is owned or operated by
25such governmental unit or privately owned municipal water
26supplier to be licensed plumbers under this Act. In addition,

 

 

HB3855 Engrossed- 820 -LRB100 05985 AMC 16014 b

1nothing contained in Public Act P.A. 83-878 was intended by the
2General Assembly nor should it be construed to permit persons
3other than licensed plumbers to perform the installation,
4repair, maintenance or replacement of plumbing fixtures, such
5as toilet facilities, floor drains, showers and lavatories, and
6the piping attendant to those fixtures, within such facility or
7in the construction of a new facility.
8    Nothing contained in Public Act P.A. 83-878, entitled "An
9Act in relation to professions", approved September 26, 1983,
10was intended by the General Assembly nor should it be construed
11to require the employees of a governmental unit or privately
12owned municipal water supplier who install, repair or maintain
13water service lines from water mains in the street, alley or
14curb line to private property lines and who install, repair or
15maintain water meters to be licensed plumbers under this Act if
16such work was customarily performed prior to the effective date
17of such Act by employees of such governmental unit or privately
18owned municipal water supplier who were not licensed plumbers.
19Any such work which was customarily performed prior to the
20effective date of such Act by persons who were licensed
21plumbers or subcontracted to persons who were licensed plumbers
22must continue to be performed by persons who are licensed
23plumbers or subcontracted to persons who are licensed plumbers.
24When necessary under this Act, the Department shall make the
25determination whether or not persons who are licensed plumbers
26customarily performed such work.

 

 

HB3855 Engrossed- 821 -LRB100 05985 AMC 16014 b

1(Source: P.A. 99-504, eff. 1-1-17; revised 9-14-16.)
 
2    Section 530. The Community Association Manager Licensing
3and Disciplinary Act is amended by changing Section 10 as
4follows:
 
5    (225 ILCS 427/10)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 10. Definitions. As used in this Act:
8    "Address of record" means the designated address recorded
9by the Department in the applicant's or licensee's application
10file or license file maintained by the Department's licensure
11maintenance unit. It is the duty of the applicant or licensee
12to inform the Department of any change of address, and such
13changes must be made either through the Department's website or
14by contacting the Department's licensure maintenance unit.
15    "Advertise" means, but is not limited to, issuing or
16causing to be distributed any card, sign or device to any
17person; or causing, permitting or allowing any sign or marking
18on or in any building, structure, newspaper, magazine or
19directory, or on radio or television; or advertising by any
20other means designed to secure public attention.
21    "Board" means the Illinois Community Association Manager
22Licensing and Disciplinary Board.
23    "Community association" means an association in which
24membership is a condition of ownership or shareholder interest

 

 

HB3855 Engrossed- 822 -LRB100 05985 AMC 16014 b

1of a unit in a condominium, cooperative, townhouse, villa, or
2other residential unit which is part of a residential
3development plan and that is authorized to impose an
4assessment, rents, or other costs that may become a lien on the
5unit or lot.
6    "Community association funds" means any assessments, fees,
7fines, or other funds collected by the community association
8manager from the community association, or its members, other
9than the compensation paid to the community association manager
10for performance of community association management services.
11    "Community association management firm" means a company,
12corporation, limited liability company, or other entity that
13engages in community association management services.
14    "Community association management services" means those
15services listed in the definition of community association
16manager in this Section.
17    "Community association manager" means an individual who
18administers for remuneration the financial, administrative,
19maintenance, or other duties for the community association,
20including the following services: (A) collecting, controlling
21or disbursing funds of the community association or having the
22authority to do so; (B) preparing budgets or other financial
23documents for the community association; (C) assisting in the
24conduct of community association meetings; (D) maintaining
25association records; and (E) administrating association
26contracts, as stated in the declaration, bylaws, proprietary

 

 

HB3855 Engrossed- 823 -LRB100 05985 AMC 16014 b

1lease, declaration of covenants, or other governing document of
2the community association. "Community association manager"
3does not mean support staff, including, but not limited to
4bookkeepers, administrative assistants, secretaries, property
5inspectors, or customer service representatives.
6    "Department" means the Department of Financial and
7Professional Regulation.
8    "License" means the license issued to a person,
9corporation, partnership, limited liability company, or other
10legal entity under this Act to provide community association
11management services.
12    "Person" means any individual, corporation, partnership,
13limited liability company, or other legal entity.
14    "Secretary" means the Secretary of Financial and
15Professional Regulation.
16    "Supervising community association manager" means an
17individual licensed as a community association manager who
18manages and supervises a firm.
19(Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.)
 
20    Section 535. The Detection of Deception Examiners Act is
21amended by changing Section 7.1 as follows:
 
22    (225 ILCS 430/7.1)  (from Ch. 111, par. 2408)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 7.1. Administrative Procedure Act. The Illinois

 

 

HB3855 Engrossed- 824 -LRB100 05985 AMC 16014 b

1Administrative Procedure Act is hereby expressly adopted and
2incorporated herein as if all of the provisions of that Act
3were included in this Act, except that the provision of
4subsection (d) of Section 10-65 of the Illinois Administrative
5Procedure Act that provides that at hearings the licensee has
6the right to show compliance with all lawful requirements for
7retention, continuation, or renewal of the license is
8specifically excluded. For the purposes of this Act, the notice
9required under Section 10-25 of the Illinois Administrative
10Procedure Act is deemed sufficient when mailed to the last
11known address of a party.
12(Source: P.A. 88-45; revised 9-14-16.)
 
13    Section 540. The Real Estate Appraiser Licensing Act of
142002 is amended by changing Section 5-15 as follows:
 
15    (225 ILCS 458/5-15)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 5-15. Application for State certified residential
18real estate appraiser. (a) Every person who desires to obtain a
19State certified residential real estate appraiser license
20shall:
21        (1) apply to the Department on forms provided by the
22    Department accompanied by the required fee;
23        (2) be at least 18 years of age;
24        (3) (blank);

 

 

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1        (4) personally take and pass an examination authorized
2    by the Department and endorsed by the AQB;
3        (5) prior to taking the examination, provide evidence
4    to the Department, in Modular Course format, with each
5    module conforming to the Required Core Curriculum
6    established and adopted by the AQB, that he or she has
7    successfully completed the prerequisite classroom hours of
8    instruction in appraising as established by the AQB and by
9    rule; and
10        (6) prior to taking the examination, provide evidence
11    to the Department that he or she has successfully completed
12    the prerequisite experience and educational requirements
13    as established by AQB and by rule.
14(Source: P.A. 98-1109, eff. 1-1-15; revised 9-16-16.)
 
15    Section 545. The Solicitation for Charity Act is amended by
16changing Section 4 as follows:
 
17    (225 ILCS 460/4)  (from Ch. 23, par. 5104)
18    Sec. 4. (a) Every charitable organization registered
19pursuant to Section 2 of this Act which shall receive in any
2012-month 12 month period ending upon its established fiscal or
21calendar year contributions in excess of $300,000 and every
22charitable organization whose fund raising functions are not
23carried on solely by staff employees or persons who are unpaid
24for such services, if the organization shall receive in any

 

 

HB3855 Engrossed- 826 -LRB100 05985 AMC 16014 b

112-month 12 month period ending upon its established fiscal or
2calendar year contributions in excess of $25,000, shall file a
3written report with the Attorney General upon forms prescribed
4by him, on or before June 30 of each year if its books are kept
5on a calendar basis, or within 6 months after the close of its
6fiscal year if its books are kept on a fiscal year basis, which
7written report shall include a financial statement covering the
8immediately preceding 12-month 12 month period of operation.
9Such financial statement shall include a balance sheet and
10statement of income and expense, and shall be consistent with
11forms furnished by the Attorney General clearly setting forth
12the following: gross receipts and gross income from all
13sources, broken down into total receipts and income from each
14separate solicitation project or source; cost of
15administration; cost of solicitation; cost of programs
16designed to inform or educate the public; funds or properties
17transferred out of this State, with explanation as to recipient
18and purpose; cost of fundraising; compensation paid to
19trustees; and total net amount disbursed or dedicated for each
20major purpose, charitable or otherwise. Such report shall also
21include a statement of any changes in the information required
22to be contained in the registration form filed on behalf of
23such organization. The report shall be signed by the president
24or other authorized officer and the chief fiscal officer of the
25organization who shall certify that the statements therein are
26true and correct to the best of their knowledge, and shall be

 

 

HB3855 Engrossed- 827 -LRB100 05985 AMC 16014 b

1accompanied by an opinion signed by an independent certified
2public accountant that the financial statement therein fairly
3represents the financial operations of the organization in
4sufficient detail to permit public evaluation of its
5operations. Said opinion may be relied upon by the Attorney
6General.
7    (b) Every organization registered pursuant to Section 2 of
8this Act which shall receive in any 12-month 12 month period
9ending upon its established fiscal or calendar year of any year
10contributions:
11        (1) in excess of $15,000, but not in excess of $25,000,
12    during a fiscal year shall file only a simplified summary
13    financial statement disclosing only the gross receipts,
14    total disbursements, and assets on hand at the end of the
15    year on forms prescribed by the Attorney General; or
16        (2) in excess of $25,000, but not in excess of
17    $300,000, if it is not required to submit a report under
18    subsection (a) of this Section, shall file a written report
19    with the Attorney General upon forms prescribed by him, on
20    or before June 30 of each year if its books are kept on a
21    calendar basis, or within 6 months after the close of its
22    fiscal year if its books are kept on a fiscal year basis,
23    which shall include a financial statement covering the
24    immediately preceding 12-month period of operation limited
25    to a statement of such organization's gross receipts from
26    contributions, the gross amount expended for charitable

 

 

HB3855 Engrossed- 828 -LRB100 05985 AMC 16014 b

1    educational programs, other charitable programs,
2    management expense, and fund raising expenses including a
3    separate statement of the cost of any goods, services or
4    admissions supplied as part of its solicitations, and the
5    disposition of the net proceeds from contributions,
6    including compensation paid to trustees, consistent with
7    forms furnished by the Attorney General. Such report shall
8    also include a statement of any changes in the information
9    required to be contained in the registration form filed on
10    behalf of such organization. The report shall be signed by
11    the president or other authorized officer and the chief
12    fiscal officer of the organization who shall certify that
13    the statements therein are true and correct to the best of
14    their knowledge.
15    (c) For any fiscal or calendar year of any organization
16registered pursuant to Section 2 of this Act in which such
17organization would have been exempt from registration pursuant
18to Section 3 of this Act if it had not been so registered, or in
19which it did not solicit or receive contributions, such
20organization shall file, on or before June 30 of each year if
21its books are kept on a calendar basis, or within 6 months
22after the close of its fiscal year if its books are kept on a
23fiscal year basis, instead of the reports required by
24subdivisions (a) or (b) of this Section, a statement certified
25under penalty of perjury by its president and chief fiscal
26officer stating the exemption and the facts upon which it is

 

 

HB3855 Engrossed- 829 -LRB100 05985 AMC 16014 b

1based or that such organization did not solicit or receive
2contributions in such fiscal year. The statement shall also
3include a statement of any changes in the information required
4to be contained in the registration form filed on behalf of
5such organization.
6    (d) As an alternative means of satisfying the duties and
7obligations otherwise imposed by this Section, any veterans
8organization chartered or incorporated under federal law and
9any veterans organization which is affiliated with, and
10recognized in the bylaws of, a congressionally chartered or
11incorporated organization may, at its option, annually file
12with the Attorney General the following documents:
13        (1) A copy of its Form 990, as filed with the Internal
14    Revenue Service.
15        (2) Copies of any reports required to be filed by the
16    affiliate with the congressionally chartered or
17    incorporated veterans organization, as well as copies of
18    any reports filed by the congressionally chartered or
19    incorporated veterans organization with the government of
20    the United States pursuant to federal law.
21        (3) Copies of all contracts entered into by the
22    congressionally chartered or incorporated veterans
23    organization or its affiliate for purposes of raising funds
24    in this State, such copies to be filed with the Attorney
25    General no more than 30 days after execution of the
26    contracts.

 

 

HB3855 Engrossed- 830 -LRB100 05985 AMC 16014 b

1    (e) As an alternative means of satisfying all of the duties
2and obligations otherwise imposed by this Section, any person,
3pursuant to a contract with a charitable organization, a
4veterans organization or an affiliate described or referred to
5in subsection (d), who receives, collects, holds or transports
6as the agent of the organization or affiliate for purposes of
7resale any used or second hand personal property, including but
8not limited to household goods, furniture or clothing donated
9to the organization or affiliate may, at its option, annually
10file with the Attorney General the following documents,
11accompanied by an annual filing fee of $15:
12        (1) A notarized report including the number of
13    donations of personal property it has received on behalf of
14    the charitable organization, veterans organization or
15    affiliate during the preceding proceeding year. For
16    purposes of this report, the number of donations of
17    personal property shall refer to the number of stops or
18    pickups made regardless of the number of items received at
19    each stop or pickup. The report may cover the person's
20    fiscal year, in which case it shall be filed with the
21    Attorney General no later than 90 days after the close of
22    that fiscal year.
23        (2) All contracts with the charitable organization,
24    veterans organization or affiliate under which the person
25    has acted as an agent for the purposes listed above.
26        (3) All contracts by which the person agreed to pay the

 

 

HB3855 Engrossed- 831 -LRB100 05985 AMC 16014 b

1    charitable organization, veterans organization or
2    affiliate a fixed amount for, or a fixed percentage of the
3    value of, each donation of used or second hand personal
4    property. Copies of all such contracts shall be filed no
5    later than 30 days after they are executed.
6    (f) The Attorney General may seek appropriate equitable
7relief from a court or, in his discretion, cancel the
8registration of any organization which fails to comply with
9subdivision (a), (b), or (c) of this Section within the time
10therein prescribed, or fails to furnish such additional
11information as is requested by the Attorney General within the
12required time; except that the time may be extended by the
13Attorney General for a period not to exceed 60 days upon a
14timely written request and for good cause stated. Unless
15otherwise stated herein, the Attorney General shall, by rule,
16set forth the standards used to determine whether a
17registration shall be cancelled as authorized by this
18subsection. Such standards shall be stated as precisely and
19clearly as practicable, to inform fully those persons affected.
20Notice of such cancellation shall be mailed to the registrant
21at least 15 days before the effective date thereof.
22    (g) The Attorney General in his discretion may, pursuant to
23rule, accept executed copies of federal Internal Revenue
24returns and reports as a portion of the foregoing annual
25reporting in the interest of minimizing paperwork, except there
26shall be no substitute for the independent certified public

 

 

HB3855 Engrossed- 832 -LRB100 05985 AMC 16014 b

1accountant audit opinion required by this Act.
2    (h) The Attorney General after canceling the registration
3of any trust or organization which fails to comply with this
4Section within the time therein prescribed may by court
5proceedings, in addition to all other relief, seek to collect
6the assets and distribute such under court supervision to other
7charitable purposes.
8    (i) Every trustee, person, and organization required to
9file an annual report shall pay a filing fee of $15 with each
10annual financial report filed pursuant to this Section. If a
11proper and complete annual report is not timely filed, a late
12filing fee of an additional $100 is imposed and shall be paid
13as a condition of filing a late report. Reports submitted
14without the proper fee shall not be accepted for filing.
15Payment of the late filing fee and acceptance by the Attorney
16General shall both be conditions of filing a late report. All
17late filing fees shall be used to provide charitable trust
18enforcement and dissemination of charitable trust information
19to the public and shall be maintained in a separate fund for
20such purpose known as the Illinois Charity Bureau Fund.
21    (j) There is created hereby a separate special fund in the
22State Treasury to be known as the Illinois Charity Bureau Fund.
23That Fund shall be under the control of the Attorney General,
24and the funds, fees, and penalties deposited therein shall be
25used by the Attorney General to enforce the provisions of this
26Act and to gather and disseminate information about charitable

 

 

HB3855 Engrossed- 833 -LRB100 05985 AMC 16014 b

1trustees and organizations to the public.
2(Source: P.A. 96-488, eff. 1-1-10; revised 10-27-16.)
 
3    Section 550. The Coal Mining Act is amended by changing
4Section 25.05 as follows:
 
5    (225 ILCS 705/25.05)  (from Ch. 96 1/2, par. 2505)
6    Sec. 25.05. The person to whom multi-gas detectors are
7given shall be responsible for the condition and proper use of
8the multi-gas detectors while in their possession.
9(Source: P.A. 99-538, eff. 1-1-17; revised 9-16-16.)
 
10    Section 555. The Surface-Mined Land Conservation and
11Reclamation Act is amended by changing Section 8 as follows:
 
12    (225 ILCS 715/8)  (from Ch. 96 1/2, par. 4509)
13    Sec. 8. Bond of operator; amount; sufficiency of surety;
14violations; compliance. Any bond herein provided to be filed
15with the Department by the operator shall be in such form as
16the Director prescribes, payable to the People of the State of
17Illinois, conditioned that the operator shall faithfully
18perform all requirements of this Act and comply with all rules
19of the Department made in accordance with the provisions of
20this Act. Such bond shall be signed by the operator as
21principal, and by a good and sufficient corporate surety,
22licensed to do business in Illinois, as surety. The penalty of

 

 

HB3855 Engrossed- 834 -LRB100 05985 AMC 16014 b

1such bond shall be an amount between $600 and $10,000 per acre
2as determined by the Director for lands to be affected by
3surface mining, including slurry and gob disposal areas. Under
4circumstances where a written agreement between the operator
5and a third party requires require overburden to be removed,
6replaced, graded, and seeded in a manner that the necessary
7bond penalty exceeds $10,000 per acre, the Department shall
8require a bond amount sufficient to ensure the completion of
9the reclamation plan specified in the approved permit in the
10event of forfeiture. In no case shall the bond for the entire
11area under one permit be less than $600 per acre or $3,000,
12whichever is greater. Areas used for the disposal of slurry and
13gob shall continue under bond so long as they are in active
14use. In lieu of such bonds, the operator may deposit any
15combination of cash, certificates of deposits, government
16securities, or irrevocable letters of credit with the
17Department in an amount equal to that of the required surety
18bond on conditions as prescribed in this Section. The penalty
19of the bond or amount of other security shall be increased or
20reduced from time to time as provided in this Act. Such bond or
21security shall remain in effect until the affected lands have
22been reclaimed, approved, and released by the Department except
23that when the Department determines that grading and covering
24with materials capable of supporting vegetation in accordance
25with the plan has been satisfactorily completed, the Department
26shall release the bond or security except the amount of $100

 

 

HB3855 Engrossed- 835 -LRB100 05985 AMC 16014 b

1per acre which shall be retained by the Department until the
2reclamation according to Section 6 of this Act has been
3completed. Where an anticipated water impoundment has been
4approved by the Department in the reclamation plan, and the
5Department determines the impoundment will be satisfactorily
6completed upon completion of the operation, the bond covering
7such anticipated water impoundment area shall be released.
8    A bond filed as above prescribed shall not be cancelled by
9the surety except after not less than 90 days' notice to the
10Department.
11    If the license to do business in Illinois of any surety
12upon a bond filed with the Department pursuant to this Act
13shall be suspended or revoked, the operator, within 30 days
14after receiving notice thereof from the Department, shall
15substitute for such surety a good and sufficient corporate
16surety licensed to do business in Illinois. Upon failure of the
17operator to make substitution of surety as herein provided, the
18Department shall have the right to suspend the permit of the
19operator until such substitution has been made.
20    The Department shall give written notice to the operator of
21any violation of this Act or non-compliance with any of the
22rules and regulations promulgated by the Department hereunder
23and if corrective measures, approved by the Department, are not
24commenced within 45 days, the Department may proceed as
25provided in Section 11 of this Act to request forfeiture of the
26bond or security. The forfeiture shall be the amount of bond or

 

 

HB3855 Engrossed- 836 -LRB100 05985 AMC 16014 b

1security in effect at the time of default for each acre or
2portion thereof with respect to which the operator has
3defaulted. Such forfeiture shall fully satisfy all obligations
4of the operator to reclaim the affected land under the
5provisions of this Act.
6    The Department shall have the power to reclaim, in keeping
7with the provisions of this Act, any affected land with respect
8to which a bond has been forfeited.
9    Whenever an operator shall have completed all requirements
10under the provisions of this Act as to any affected land, he
11shall notify the Department thereof. If the Department
12determines that the operator has completed reclamation
13requirements and refuse disposal requirements and has achieved
14results appropriate to the use for which the area was
15reclaimed, the Department shall release the operator from
16further obligations regarding such affected land and the
17penalty of the bond shall be reduced proportionately.
18    Bonding aggregate mining operations under permit by the
19State is an exclusive power and function of the State. A home
20rule unit may not require bonding of aggregate mining
21operations under permit by the State. This provision is a
22denial and limitation of home rule powers and functions under
23subsection (h) of Section 6 of Article VII of the Illinois
24Constitution of 1970.
25(Source: P.A. 99-224, eff. 1-1-16; revised 9-16-16.)
 

 

 

HB3855 Engrossed- 837 -LRB100 05985 AMC 16014 b

1    Section 560. The Illinois Horse Racing Act of 1975 is
2amended by changing Sections 26, 26.2, 32.1, and 40 as follows:
 
3    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
4    Sec. 26. Wagering.
5    (a) Any licensee may conduct and supervise the pari-mutuel
6system of wagering, as defined in Section 3.12 of this Act, on
7horse races conducted by an Illinois organization licensee or
8conducted at a racetrack located in another state or country
9and televised in Illinois in accordance with subsection (g) of
10Section 26 of this Act. Subject to the prior consent of the
11Board, licensees may supplement any pari-mutuel pool in order
12to guarantee a minimum distribution. Such pari-mutuel method of
13wagering shall not, under any circumstances if conducted under
14the provisions of this Act, be held or construed to be
15unlawful, other statutes of this State to the contrary
16notwithstanding. Subject to rules for advance wagering
17promulgated by the Board, any licensee may accept wagers in
18advance of the day of the race wagered upon occurs.
19    (b) No other method of betting, pool making, wagering or
20gambling shall be used or permitted by the licensee. Each
21licensee may retain, subject to the payment of all applicable
22taxes and purses, an amount not to exceed 17% of all money
23wagered under subsection (a) of this Section, except as may
24otherwise be permitted under this Act.
25    (b-5) An individual may place a wager under the pari-mutuel

 

 

HB3855 Engrossed- 838 -LRB100 05985 AMC 16014 b

1system from any licensed location authorized under this Act
2provided that wager is electronically recorded in the manner
3described in Section 3.12 of this Act. Any wager made
4electronically by an individual while physically on the
5premises of a licensee shall be deemed to have been made at the
6premises of that licensee.
7    (c) Until January 1, 2000, the sum held by any licensee for
8payment of outstanding pari-mutuel tickets, if unclaimed prior
9to December 31 of the next year, shall be retained by the
10licensee for payment of such tickets until that date. Within 10
11days thereafter, the balance of such sum remaining unclaimed,
12less any uncashed supplements contributed by such licensee for
13the purpose of guaranteeing minimum distributions of any
14pari-mutuel pool, shall be paid to the Illinois Veterans'
15Rehabilitation Fund of the State treasury, except as provided
16in subsection (g) of Section 27 of this Act.
17    (c-5) Beginning January 1, 2000, the sum held by any
18licensee for payment of outstanding pari-mutuel tickets, if
19unclaimed prior to December 31 of the next year, shall be
20retained by the licensee for payment of such tickets until that
21date. Within 10 days thereafter, the balance of such sum
22remaining unclaimed, less any uncashed supplements contributed
23by such licensee for the purpose of guaranteeing minimum
24distributions of any pari-mutuel pool, shall be evenly
25distributed to the purse account of the organization licensee
26and the organization licensee.

 

 

HB3855 Engrossed- 839 -LRB100 05985 AMC 16014 b

1    (d) A pari-mutuel ticket shall be honored until December 31
2of the next calendar year, and the licensee shall pay the same
3and may charge the amount thereof against unpaid money
4similarly accumulated on account of pari-mutuel tickets not
5presented for payment.
6    (e) No licensee shall knowingly permit any minor, other
7than an employee of such licensee or an owner, trainer, jockey,
8driver, or employee thereof, to be admitted during a racing
9program unless accompanied by a parent or guardian, or any
10minor to be a patron of the pari-mutuel system of wagering
11conducted or supervised by it. The admission of any
12unaccompanied minor, other than an employee of the licensee or
13an owner, trainer, jockey, driver, or employee thereof at a
14race track is a Class C misdemeanor.
15    (f) Notwithstanding the other provisions of this Act, an
16organization licensee may contract with an entity in another
17state or country to permit any legal wagering entity in another
18state or country to accept wagers solely within such other
19state or country on races conducted by the organization
20licensee in this State. Beginning January 1, 2000, these wagers
21shall not be subject to State taxation. Until January 1, 2000,
22when the out-of-State entity conducts a pari-mutuel pool
23separate from the organization licensee, a privilege tax equal
24to 7 1/2% of all monies received by the organization licensee
25from entities in other states or countries pursuant to such
26contracts is imposed on the organization licensee, and such

 

 

HB3855 Engrossed- 840 -LRB100 05985 AMC 16014 b

1privilege tax shall be remitted to the Department of Revenue
2within 48 hours of receipt of the moneys from the simulcast.
3When the out-of-State entity conducts a combined pari-mutuel
4pool with the organization licensee, the tax shall be 10% of
5all monies received by the organization licensee with 25% of
6the receipts from this 10% tax to be distributed to the county
7in which the race was conducted.
8    An organization licensee may permit one or more of its
9races to be utilized for pari-mutuel wagering at one or more
10locations in other states and may transmit audio and visual
11signals of races the organization licensee conducts to one or
12more locations outside the State or country and may also permit
13pari-mutuel pools in other states or countries to be combined
14with its gross or net wagering pools or with wagering pools
15established by other states.
16    (g) A host track may accept interstate simulcast wagers on
17horse races conducted in other states or countries and shall
18control the number of signals and types of breeds of racing in
19its simulcast program, subject to the disapproval of the Board.
20The Board may prohibit a simulcast program only if it finds
21that the simulcast program is clearly adverse to the integrity
22of racing. The host track simulcast program shall include the
23signal of live racing of all organization licensees. All
24non-host licensees and advance deposit wagering licensees
25shall carry the signal of and accept wagers on live racing of
26all organization licensees. Advance deposit wagering licensees

 

 

HB3855 Engrossed- 841 -LRB100 05985 AMC 16014 b

1shall not be permitted to accept out-of-state wagers on any
2Illinois signal provided pursuant to this Section without the
3approval and consent of the organization licensee providing the
4signal. For one year after August 15, 2014 (the effective date
5of Public Act 98-968) this amendatory Act of the 98th General
6Assembly, non-host licensees may carry the host track simulcast
7program and shall accept wagers on all races included as part
8of the simulcast program of horse races conducted at race
9tracks located within North America upon which wagering is
10permitted. For a period of one year after August 15, 2014 (the
11effective date of Public Act 98-968) this amendatory Act of the
1298th General Assembly, on horse races conducted at race tracks
13located outside of North America, non-host licensees may accept
14wagers on all races included as part of the simulcast program
15upon which wagering is permitted. Beginning August 15, 2015
16(one year after the effective date of Public Act 98-968) this
17amendatory Act of the 98th General Assembly, non-host licensees
18may carry the host track simulcast program and shall accept
19wagers on all races included as part of the simulcast program
20upon which wagering is permitted. All organization licensees
21shall provide their live signal to all advance deposit wagering
22licensees for a simulcast commission fee not to exceed 6% of
23the advance deposit wagering licensee's Illinois handle on the
24organization licensee's signal without prior approval by the
25Board. The Board may adopt rules under which it may permit
26simulcast commission fees in excess of 6%. The Board shall

 

 

HB3855 Engrossed- 842 -LRB100 05985 AMC 16014 b

1adopt rules limiting the interstate commission fees charged to
2an advance deposit wagering licensee. The Board shall adopt
3rules regarding advance deposit wagering on interstate
4simulcast races that shall reflect, among other things, the
5General Assembly's desire to maximize revenues to the State,
6horsemen purses, and organizational licensees. However,
7organization licensees providing live signals pursuant to the
8requirements of this subsection (g) may petition the Board to
9withhold their live signals from an advance deposit wagering
10licensee if the organization licensee discovers and the Board
11finds reputable or credible information that the advance
12deposit wagering licensee is under investigation by another
13state or federal governmental agency, the advance deposit
14wagering licensee's license has been suspended in another
15state, or the advance deposit wagering licensee's license is in
16revocation proceedings in another state. The organization
17licensee's provision of their live signal to an advance deposit
18wagering licensee under this subsection (g) pertains to wagers
19placed from within Illinois. Advance deposit wagering
20licensees may place advance deposit wagering terminals at
21wagering facilities as a convenience to customers. The advance
22deposit wagering licensee shall not charge or collect any fee
23from purses for the placement of the advance deposit wagering
24terminals. The costs and expenses of the host track and
25non-host licensees associated with interstate simulcast
26wagering, other than the interstate commission fee, shall be

 

 

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1borne by the host track and all non-host licensees incurring
2these costs. The interstate commission fee shall not exceed 5%
3of Illinois handle on the interstate simulcast race or races
4without prior approval of the Board. The Board shall promulgate
5rules under which it may permit interstate commission fees in
6excess of 5%. The interstate commission fee and other fees
7charged by the sending racetrack, including, but not limited
8to, satellite decoder fees, shall be uniformly applied to the
9host track and all non-host licensees.
10    Notwithstanding any other provision of this Act, through
11December 31, 2018, an organization licensee, with the consent
12of the horsemen association representing the largest number of
13owners, trainers, jockeys, or standardbred drivers who race
14horses at that organization licensee's racing meeting, may
15maintain a system whereby advance deposit wagering may take
16place or an organization licensee, with the consent of the
17horsemen association representing the largest number of
18owners, trainers, jockeys, or standardbred drivers who race
19horses at that organization licensee's racing meeting, may
20contract with another person to carry out a system of advance
21deposit wagering. Such consent may not be unreasonably
22withheld. Only with respect to an appeal to the Board that
23consent for an organization licensee that maintains its own
24advance deposit wagering system is being unreasonably
25withheld, the Board shall issue a final order within 30 days
26after initiation of the appeal, and the organization licensee's

 

 

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1advance deposit wagering system may remain operational during
2that 30-day period. The actions of any organization licensee
3who conducts advance deposit wagering or any person who has a
4contract with an organization licensee to conduct advance
5deposit wagering who conducts advance deposit wagering on or
6after January 1, 2013 and prior to June 7, 2013 (the effective
7date of Public Act 98-18) this amendatory Act of the 98th
8General Assembly taken in reliance on the changes made to this
9subsection (g) by Public Act 98-18 this amendatory Act of the
1098th General Assembly are hereby validated, provided payment of
11all applicable pari-mutuel taxes are remitted to the Board. All
12advance deposit wagers placed from within Illinois must be
13placed through a Board-approved advance deposit wagering
14licensee; no other entity may accept an advance deposit wager
15from a person within Illinois. All advance deposit wagering is
16subject to any rules adopted by the Board. The Board may adopt
17rules necessary to regulate advance deposit wagering through
18the use of emergency rulemaking in accordance with Section 5-45
19of the Illinois Administrative Procedure Act. The General
20Assembly finds that the adoption of rules to regulate advance
21deposit wagering is deemed an emergency and necessary for the
22public interest, safety, and welfare. An advance deposit
23wagering licensee may retain all moneys as agreed to by
24contract with an organization licensee. Any moneys retained by
25the organization licensee from advance deposit wagering, not
26including moneys retained by the advance deposit wagering

 

 

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1licensee, shall be paid 50% to the organization licensee's
2purse account and 50% to the organization licensee. With the
3exception of any organization licensee that is owned by a
4publicly traded company that is incorporated in a state other
5than Illinois and advance deposit wagering licensees under
6contract with such organization licensees, organization
7licensees that maintain advance deposit wagering systems and
8advance deposit wagering licensees that contract with
9organization licensees shall provide sufficiently detailed
10monthly accountings to the horsemen association representing
11the largest number of owners, trainers, jockeys, or
12standardbred drivers who race horses at that organization
13licensee's racing meeting so that the horsemen association, as
14an interested party, can confirm the accuracy of the amounts
15paid to the purse account at the horsemen association's
16affiliated organization licensee from advance deposit
17wagering. If more than one breed races at the same race track
18facility, then the 50% of the moneys to be paid to an
19organization licensee's purse account shall be allocated among
20all organization licensees' purse accounts operating at that
21race track facility proportionately based on the actual number
22of host days that the Board grants to that breed at that race
23track facility in the current calendar year. To the extent any
24fees from advance deposit wagering conducted in Illinois for
25wagers in Illinois or other states have been placed in escrow
26or otherwise withheld from wagers pending a determination of

 

 

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1the legality of advance deposit wagering, no action shall be
2brought to declare such wagers or the disbursement of any fees
3previously escrowed illegal.
4        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
5    inter-track intertrack wagering licensee other than the
6    host track may supplement the host track simulcast program
7    with additional simulcast races or race programs, provided
8    that between January 1 and the third Friday in February of
9    any year, inclusive, if no live thoroughbred racing is
10    occurring in Illinois during this period, only
11    thoroughbred races may be used for supplemental interstate
12    simulcast purposes. The Board shall withhold approval for a
13    supplemental interstate simulcast only if it finds that the
14    simulcast is clearly adverse to the integrity of racing. A
15    supplemental interstate simulcast may be transmitted from
16    an inter-track intertrack wagering licensee to its
17    affiliated non-host licensees. The interstate commission
18    fee for a supplemental interstate simulcast shall be paid
19    by the non-host licensee and its affiliated non-host
20    licensees receiving the simulcast.
21        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
22    inter-track intertrack wagering licensee other than the
23    host track may receive supplemental interstate simulcasts
24    only with the consent of the host track, except when the
25    Board finds that the simulcast is clearly adverse to the
26    integrity of racing. Consent granted under this paragraph

 

 

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1    (2) to any inter-track intertrack wagering licensee shall
2    be deemed consent to all non-host licensees. The interstate
3    commission fee for the supplemental interstate simulcast
4    shall be paid by all participating non-host licensees.
5        (3) Each licensee conducting interstate simulcast
6    wagering may retain, subject to the payment of all
7    applicable taxes and the purses, an amount not to exceed
8    17% of all money wagered. If any licensee conducts the
9    pari-mutuel system wagering on races conducted at
10    racetracks in another state or country, each such race or
11    race program shall be considered a separate racing day for
12    the purpose of determining the daily handle and computing
13    the privilege tax of that daily handle as provided in
14    subsection (a) of Section 27. Until January 1, 2000, from
15    the sums permitted to be retained pursuant to this
16    subsection, each inter-track intertrack wagering location
17    licensee shall pay 1% of the pari-mutuel handle wagered on
18    simulcast wagering to the Horse Racing Tax Allocation Fund,
19    subject to the provisions of subparagraph (B) of paragraph
20    (11) of subsection (h) of Section 26 of this Act.
21        (4) A licensee who receives an interstate simulcast may
22    combine its gross or net pools with pools at the sending
23    racetracks pursuant to rules established by the Board. All
24    licensees combining their gross pools at a sending
25    racetrack shall adopt the take-out percentages of the
26    sending racetrack. A licensee may also establish a separate

 

 

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1    pool and takeout structure for wagering purposes on races
2    conducted at race tracks outside of the State of Illinois.
3    The licensee may permit pari-mutuel wagers placed in other
4    states or countries to be combined with its gross or net
5    wagering pools or other wagering pools.
6        (5) After the payment of the interstate commission fee
7    (except for the interstate commission fee on a supplemental
8    interstate simulcast, which shall be paid by the host track
9    and by each non-host licensee through the host-track) and
10    all applicable State and local taxes, except as provided in
11    subsection (g) of Section 27 of this Act, the remainder of
12    moneys retained from simulcast wagering pursuant to this
13    subsection (g), and Section 26.2 shall be divided as
14    follows:
15            (A) For interstate simulcast wagers made at a host
16        track, 50% to the host track and 50% to purses at the
17        host track.
18            (B) For wagers placed on interstate simulcast
19        races, supplemental simulcasts as defined in
20        subparagraphs (1) and (2), and separately pooled races
21        conducted outside of the State of Illinois made at a
22        non-host licensee, 25% to the host track, 25% to the
23        non-host licensee, and 50% to the purses at the host
24        track.
25        (6) Notwithstanding any provision in this Act to the
26    contrary, non-host licensees who derive their licenses

 

 

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1    from a track located in a county with a population in
2    excess of 230,000 and that borders the Mississippi River
3    may receive supplemental interstate simulcast races at all
4    times subject to Board approval, which shall be withheld
5    only upon a finding that a supplemental interstate
6    simulcast is clearly adverse to the integrity of racing.
7        (7) Notwithstanding any provision of this Act to the
8    contrary, after payment of all applicable State and local
9    taxes and interstate commission fees, non-host licensees
10    who derive their licenses from a track located in a county
11    with a population in excess of 230,000 and that borders the
12    Mississippi River shall retain 50% of the retention from
13    interstate simulcast wagers and shall pay 50% to purses at
14    the track from which the non-host licensee derives its
15    license as follows:
16            (A) Between January 1 and the third Friday in
17        February, inclusive, if no live thoroughbred racing is
18        occurring in Illinois during this period, when the
19        interstate simulcast is a standardbred race, the purse
20        share to its standardbred purse account;
21            (B) Between January 1 and the third Friday in
22        February, inclusive, if no live thoroughbred racing is
23        occurring in Illinois during this period, and the
24        interstate simulcast is a thoroughbred race, the purse
25        share to its interstate simulcast purse pool to be
26        distributed under paragraph (10) of this subsection

 

 

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1        (g);
2            (C) Between January 1 and the third Friday in
3        February, inclusive, if live thoroughbred racing is
4        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
5        the purse share from wagers made during this time
6        period to its thoroughbred purse account and between
7        6:30 p.m. and 6:30 a.m. the purse share from wagers
8        made during this time period to its standardbred purse
9        accounts;
10            (D) Between the third Saturday in February and
11        December 31, when the interstate simulcast occurs
12        between the hours of 6:30 a.m. and 6:30 p.m., the purse
13        share to its thoroughbred purse account;
14            (E) Between the third Saturday in February and
15        December 31, when the interstate simulcast occurs
16        between the hours of 6:30 p.m. and 6:30 a.m., the purse
17        share to its standardbred purse account.
18        (7.1) Notwithstanding any other provision of this Act
19    to the contrary, if no standardbred racing is conducted at
20    a racetrack located in Madison County during any calendar
21    year beginning on or after January 1, 2002, all moneys
22    derived by that racetrack from simulcast wagering and
23    inter-track wagering that (1) are to be used for purses and
24    (2) are generated between the hours of 6:30 p.m. and 6:30
25    a.m. during that calendar year shall be paid as follows:
26            (A) If the licensee that conducts horse racing at

 

 

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1        that racetrack requests from the Board at least as many
2        racing dates as were conducted in calendar year 2000,
3        80% shall be paid to its thoroughbred purse account;
4        and
5            (B) Twenty percent shall be deposited into the
6        Illinois Colt Stakes Purse Distribution Fund and shall
7        be paid to purses for standardbred races for Illinois
8        conceived and foaled horses conducted at any county
9        fairgrounds. The moneys deposited into the Fund
10        pursuant to this subparagraph (B) shall be deposited
11        within 2 weeks after the day they were generated, shall
12        be in addition to and not in lieu of any other moneys
13        paid to standardbred purses under this Act, and shall
14        not be commingled with other moneys paid into that
15        Fund. The moneys deposited pursuant to this
16        subparagraph (B) shall be allocated as provided by the
17        Department of Agriculture, with the advice and
18        assistance of the Illinois Standardbred Breeders Fund
19        Advisory Board.
20        (7.2) Notwithstanding any other provision of this Act
21    to the contrary, if no thoroughbred racing is conducted at
22    a racetrack located in Madison County during any calendar
23    year beginning on or after January 1, 2002, all moneys
24    derived by that racetrack from simulcast wagering and
25    inter-track wagering that (1) are to be used for purses and
26    (2) are generated between the hours of 6:30 a.m. and 6:30

 

 

HB3855 Engrossed- 852 -LRB100 05985 AMC 16014 b

1    p.m. during that calendar year shall be deposited as
2    follows:
3            (A) If the licensee that conducts horse racing at
4        that racetrack requests from the Board at least as many
5        racing dates as were conducted in calendar year 2000,
6        80% shall be deposited into its standardbred purse
7        account; and
8            (B) Twenty percent shall be deposited into the
9        Illinois Colt Stakes Purse Distribution Fund. Moneys
10        deposited into the Illinois Colt Stakes Purse
11        Distribution Fund pursuant to this subparagraph (B)
12        shall be paid to Illinois conceived and foaled
13        thoroughbred breeders' programs and to thoroughbred
14        purses for races conducted at any county fairgrounds
15        for Illinois conceived and foaled horses at the
16        discretion of the Department of Agriculture, with the
17        advice and assistance of the Illinois Thoroughbred
18        Breeders Fund Advisory Board. The moneys deposited
19        into the Illinois Colt Stakes Purse Distribution Fund
20        pursuant to this subparagraph (B) shall be deposited
21        within 2 weeks after the day they were generated, shall
22        be in addition to and not in lieu of any other moneys
23        paid to thoroughbred purses under this Act, and shall
24        not be commingled with other moneys deposited into that
25        Fund.
26        (7.3) If no live standardbred racing is conducted at a

 

 

HB3855 Engrossed- 853 -LRB100 05985 AMC 16014 b

1    racetrack located in Madison County in calendar year 2000
2    or 2001, an organization licensee who is licensed to
3    conduct horse racing at that racetrack shall, before
4    January 1, 2002, pay all moneys derived from simulcast
5    wagering and inter-track wagering in calendar years 2000
6    and 2001 and paid into the licensee's standardbred purse
7    account as follows:
8            (A) Eighty percent to that licensee's thoroughbred
9        purse account to be used for thoroughbred purses; and
10            (B) Twenty percent to the Illinois Colt Stakes
11        Purse Distribution Fund.
12        Failure to make the payment to the Illinois Colt Stakes
13    Purse Distribution Fund before January 1, 2002 shall result
14    in the immediate revocation of the licensee's organization
15    license, inter-track wagering license, and inter-track
16    wagering location license.
17        Moneys paid into the Illinois Colt Stakes Purse
18    Distribution Fund pursuant to this paragraph (7.3) shall be
19    paid to purses for standardbred races for Illinois
20    conceived and foaled horses conducted at any county
21    fairgrounds. Moneys paid into the Illinois Colt Stakes
22    Purse Distribution Fund pursuant to this paragraph (7.3)
23    shall be used as determined by the Department of
24    Agriculture, with the advice and assistance of the Illinois
25    Standardbred Breeders Fund Advisory Board, shall be in
26    addition to and not in lieu of any other moneys paid to

 

 

HB3855 Engrossed- 854 -LRB100 05985 AMC 16014 b

1    standardbred purses under this Act, and shall not be
2    commingled with any other moneys paid into that Fund.
3        (7.4) If live standardbred racing is conducted at a
4    racetrack located in Madison County at any time in calendar
5    year 2001 before the payment required under paragraph (7.3)
6    has been made, the organization licensee who is licensed to
7    conduct racing at that racetrack shall pay all moneys
8    derived by that racetrack from simulcast wagering and
9    inter-track wagering during calendar years 2000 and 2001
10    that (1) are to be used for purses and (2) are generated
11    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
12    2001 to the standardbred purse account at that racetrack to
13    be used for standardbred purses.
14        (8) Notwithstanding any provision in this Act to the
15    contrary, an organization licensee from a track located in
16    a county with a population in excess of 230,000 and that
17    borders the Mississippi River and its affiliated non-host
18    licensees shall not be entitled to share in any retention
19    generated on racing, inter-track wagering, or simulcast
20    wagering at any other Illinois wagering facility.
21        (8.1) Notwithstanding any provisions in this Act to the
22    contrary, if 2 organization licensees are conducting
23    standardbred race meetings concurrently between the hours
24    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
25    State and local taxes and interstate commission fees, the
26    remainder of the amount retained from simulcast wagering

 

 

HB3855 Engrossed- 855 -LRB100 05985 AMC 16014 b

1    otherwise attributable to the host track and to host track
2    purses shall be split daily between the 2 organization
3    licensees and the purses at the tracks of the 2
4    organization licensees, respectively, based on each
5    organization licensee's share of the total live handle for
6    that day, provided that this provision shall not apply to
7    any non-host licensee that derives its license from a track
8    located in a county with a population in excess of 230,000
9    and that borders the Mississippi River.
10        (9) (Blank).
11        (10) (Blank).
12        (11) (Blank).
13        (12) The Board shall have authority to compel all host
14    tracks to receive the simulcast of any or all races
15    conducted at the Springfield or DuQuoin State fairgrounds
16    and include all such races as part of their simulcast
17    programs.
18        (13) Notwithstanding any other provision of this Act,
19    in the event that the total Illinois pari-mutuel handle on
20    Illinois horse races at all wagering facilities in any
21    calendar year is less than 75% of the total Illinois
22    pari-mutuel handle on Illinois horse races at all such
23    wagering facilities for calendar year 1994, then each
24    wagering facility that has an annual total Illinois
25    pari-mutuel handle on Illinois horse races that is less
26    than 75% of the total Illinois pari-mutuel handle on

 

 

HB3855 Engrossed- 856 -LRB100 05985 AMC 16014 b

1    Illinois horse races at such wagering facility for calendar
2    year 1994, shall be permitted to receive, from any amount
3    otherwise payable to the purse account at the race track
4    with which the wagering facility is affiliated in the
5    succeeding calendar year, an amount equal to 2% of the
6    differential in total Illinois pari-mutuel handle on
7    Illinois horse races at the wagering facility between that
8    calendar year in question and 1994 provided, however, that
9    a wagering facility shall not be entitled to any such
10    payment until the Board certifies in writing to the
11    wagering facility the amount to which the wagering facility
12    is entitled and a schedule for payment of the amount to the
13    wagering facility, based on: (i) the racing dates awarded
14    to the race track affiliated with the wagering facility
15    during the succeeding year; (ii) the sums available or
16    anticipated to be available in the purse account of the
17    race track affiliated with the wagering facility for purses
18    during the succeeding year; and (iii) the need to ensure
19    reasonable purse levels during the payment period. The
20    Board's certification shall be provided no later than
21    January 31 of the succeeding year. In the event a wagering
22    facility entitled to a payment under this paragraph (13) is
23    affiliated with a race track that maintains purse accounts
24    for both standardbred and thoroughbred racing, the amount
25    to be paid to the wagering facility shall be divided
26    between each purse account pro rata, based on the amount of

 

 

HB3855 Engrossed- 857 -LRB100 05985 AMC 16014 b

1    Illinois handle on Illinois standardbred and thoroughbred
2    racing respectively at the wagering facility during the
3    previous calendar year. Annually, the General Assembly
4    shall appropriate sufficient funds from the General
5    Revenue Fund to the Department of Agriculture for payment
6    into the thoroughbred and standardbred horse racing purse
7    accounts at Illinois pari-mutuel tracks. The amount paid to
8    each purse account shall be the amount certified by the
9    Illinois Racing Board in January to be transferred from
10    each account to each eligible racing facility in accordance
11    with the provisions of this Section.
12    (h) The Board may approve and license the conduct of
13inter-track wagering and simulcast wagering by inter-track
14wagering licensees and inter-track wagering location licensees
15subject to the following terms and conditions:
16        (1) Any person licensed to conduct a race meeting (i)
17    at a track where 60 or more days of racing were conducted
18    during the immediately preceding calendar year or where
19    over the 5 immediately preceding calendar years an average
20    of 30 or more days of racing were conducted annually may be
21    issued an inter-track wagering license; (ii) at a track
22    located in a county that is bounded by the Mississippi
23    River, which has a population of less than 150,000
24    according to the 1990 decennial census, and an average of
25    at least 60 days of racing per year between 1985 and 1993
26    may be issued an inter-track wagering license; or (iii) at

 

 

HB3855 Engrossed- 858 -LRB100 05985 AMC 16014 b

1    a track located in Madison County that conducted at least
2    100 days of live racing during the immediately preceding
3    calendar year may be issued an inter-track wagering
4    license, unless a lesser schedule of live racing is the
5    result of (A) weather, unsafe track conditions, or other
6    acts of God; (B) an agreement between the organization
7    licensee and the associations representing the largest
8    number of owners, trainers, jockeys, or standardbred
9    drivers who race horses at that organization licensee's
10    racing meeting; or (C) a finding by the Board of
11    extraordinary circumstances and that it was in the best
12    interest of the public and the sport to conduct fewer than
13    100 days of live racing. Any such person having operating
14    control of the racing facility may receive inter-track
15    wagering location licenses. An eligible race track located
16    in a county that has a population of more than 230,000 and
17    that is bounded by the Mississippi River may establish up
18    to 9 inter-track wagering locations, and an eligible race
19    track located in Stickney Township in Cook County may
20    establish up to 16 inter-track wagering locations, and an
21    eligible race track located in Palatine Township in Cook
22    County may establish up to 18 inter-track wagering
23    locations. An application for said license shall be filed
24    with the Board prior to such dates as may be fixed by the
25    Board. With an application for an inter-track wagering
26    location license there shall be delivered to the Board a

 

 

HB3855 Engrossed- 859 -LRB100 05985 AMC 16014 b

1    certified check or bank draft payable to the order of the
2    Board for an amount equal to $500. The application shall be
3    on forms prescribed and furnished by the Board. The
4    application shall comply with all other rules, regulations
5    and conditions imposed by the Board in connection
6    therewith.
7        (2) The Board shall examine the applications with
8    respect to their conformity with this Act and the rules and
9    regulations imposed by the Board. If found to be in
10    compliance with the Act and rules and regulations of the
11    Board, the Board may then issue a license to conduct
12    inter-track wagering and simulcast wagering to such
13    applicant. All such applications shall be acted upon by the
14    Board at a meeting to be held on such date as may be fixed
15    by the Board.
16        (3) In granting licenses to conduct inter-track
17    wagering and simulcast wagering, the Board shall give due
18    consideration to the best interests of the public, of horse
19    racing, and of maximizing revenue to the State.
20        (4) Prior to the issuance of a license to conduct
21    inter-track wagering and simulcast wagering, the applicant
22    shall file with the Board a bond payable to the State of
23    Illinois in the sum of $50,000, executed by the applicant
24    and a surety company or companies authorized to do business
25    in this State, and conditioned upon (i) the payment by the
26    licensee of all taxes due under Section 27 or 27.1 and any

 

 

HB3855 Engrossed- 860 -LRB100 05985 AMC 16014 b

1    other monies due and payable under this Act, and (ii)
2    distribution by the licensee, upon presentation of the
3    winning ticket or tickets, of all sums payable to the
4    patrons of pari-mutuel pools.
5        (5) Each license to conduct inter-track wagering and
6    simulcast wagering shall specify the person to whom it is
7    issued, the dates on which such wagering is permitted, and
8    the track or location where the wagering is to be
9    conducted.
10        (6) All wagering under such license is subject to this
11    Act and to the rules and regulations from time to time
12    prescribed by the Board, and every such license issued by
13    the Board shall contain a recital to that effect.
14        (7) An inter-track wagering licensee or inter-track
15    wagering location licensee may accept wagers at the track
16    or location where it is licensed, or as otherwise provided
17    under this Act.
18        (8) Inter-track wagering or simulcast wagering shall
19    not be conducted at any track less than 5 miles from a
20    track at which a racing meeting is in progress.
21        (8.1) Inter-track wagering location licensees who
22    derive their licenses from a particular organization
23    licensee shall conduct inter-track wagering and simulcast
24    wagering only at locations that are within 160 miles of
25    that race track where the particular organization licensee
26    is licensed to conduct racing. However, inter-track

 

 

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1    wagering and simulcast wagering shall not be conducted by
2    those licensees at any location within 5 miles of any race
3    track at which a horse race meeting has been licensed in
4    the current year, unless the person having operating
5    control of such race track has given its written consent to
6    such inter-track wagering location licensees, which
7    consent must be filed with the Board at or prior to the
8    time application is made. In the case of any inter-track
9    wagering location licensee initially licensed after
10    December 31, 2013, inter-track wagering and simulcast
11    wagering shall not be conducted by those inter-track
12    wagering location licensees that are located outside the
13    City of Chicago at any location within 8 miles of any race
14    track at which a horse race meeting has been licensed in
15    the current year, unless the person having operating
16    control of such race track has given its written consent to
17    such inter-track wagering location licensees, which
18    consent must be filed with the Board at or prior to the
19    time application is made.
20        (8.2) Inter-track wagering or simulcast wagering shall
21    not be conducted by an inter-track wagering location
22    licensee at any location within 500 feet of an existing
23    church or existing school, nor within 500 feet of the
24    residences of more than 50 registered voters without
25    receiving written permission from a majority of the
26    registered voters at such residences. Such written

 

 

HB3855 Engrossed- 862 -LRB100 05985 AMC 16014 b

1    permission statements shall be filed with the Board. The
2    distance of 500 feet shall be measured to the nearest part
3    of any building used for worship services, education
4    programs, residential purposes, or conducting inter-track
5    wagering by an inter-track wagering location licensee, and
6    not to property boundaries. However, inter-track wagering
7    or simulcast wagering may be conducted at a site within 500
8    feet of a church, school or residences of 50 or more
9    registered voters if such church, school or residences have
10    been erected or established, or such voters have been
11    registered, after the Board issues the original
12    inter-track wagering location license at the site in
13    question. Inter-track wagering location licensees may
14    conduct inter-track wagering and simulcast wagering only
15    in areas that are zoned for commercial or manufacturing
16    purposes or in areas for which a special use has been
17    approved by the local zoning authority. However, no license
18    to conduct inter-track wagering and simulcast wagering
19    shall be granted by the Board with respect to any
20    inter-track wagering location within the jurisdiction of
21    any local zoning authority which has, by ordinance or by
22    resolution, prohibited the establishment of an inter-track
23    wagering location within its jurisdiction. However,
24    inter-track wagering and simulcast wagering may be
25    conducted at a site if such ordinance or resolution is
26    enacted after the Board licenses the original inter-track

 

 

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1    wagering location licensee for the site in question.
2        (9) (Blank).
3        (10) An inter-track wagering licensee or an
4    inter-track wagering location licensee may retain, subject
5    to the payment of the privilege taxes and the purses, an
6    amount not to exceed 17% of all money wagered. Each program
7    of racing conducted by each inter-track wagering licensee
8    or inter-track wagering location licensee shall be
9    considered a separate racing day for the purpose of
10    determining the daily handle and computing the privilege
11    tax or pari-mutuel tax on such daily handle as provided in
12    Section 27.
13        (10.1) Except as provided in subsection (g) of Section
14    27 of this Act, inter-track wagering location licensees
15    shall pay 1% of the pari-mutuel handle at each location to
16    the municipality in which such location is situated and 1%
17    of the pari-mutuel handle at each location to the county in
18    which such location is situated. In the event that an
19    inter-track wagering location licensee is situated in an
20    unincorporated area of a county, such licensee shall pay 2%
21    of the pari-mutuel handle from such location to such
22    county.
23        (10.2) Notwithstanding any other provision of this
24    Act, with respect to inter-track intertrack wagering at a
25    race track located in a county that has a population of
26    more than 230,000 and that is bounded by the Mississippi

 

 

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1    River ("the first race track"), or at a facility operated
2    by an inter-track wagering licensee or inter-track
3    wagering location licensee that derives its license from
4    the organization licensee that operates the first race
5    track, on races conducted at the first race track or on
6    races conducted at another Illinois race track and
7    simultaneously televised to the first race track or to a
8    facility operated by an inter-track wagering licensee or
9    inter-track wagering location licensee that derives its
10    license from the organization licensee that operates the
11    first race track, those moneys shall be allocated as
12    follows:
13            (A) That portion of all moneys wagered on
14        standardbred racing that is required under this Act to
15        be paid to purses shall be paid to purses for
16        standardbred races.
17            (B) That portion of all moneys wagered on
18        thoroughbred racing that is required under this Act to
19        be paid to purses shall be paid to purses for
20        thoroughbred races.
21        (11) (A) After payment of the privilege or pari-mutuel
22    tax, any other applicable taxes, and the costs and expenses
23    in connection with the gathering, transmission, and
24    dissemination of all data necessary to the conduct of
25    inter-track wagering, the remainder of the monies retained
26    under either Section 26 or Section 26.2 of this Act by the

 

 

HB3855 Engrossed- 865 -LRB100 05985 AMC 16014 b

1    inter-track wagering licensee on inter-track wagering
2    shall be allocated with 50% to be split between the 2
3    participating licensees and 50% to purses, except that an
4    inter-track intertrack wagering licensee that derives its
5    license from a track located in a county with a population
6    in excess of 230,000 and that borders the Mississippi River
7    shall not divide any remaining retention with the Illinois
8    organization licensee that provides the race or races, and
9    an inter-track intertrack wagering licensee that accepts
10    wagers on races conducted by an organization licensee that
11    conducts a race meet in a county with a population in
12    excess of 230,000 and that borders the Mississippi River
13    shall not divide any remaining retention with that
14    organization licensee.
15        (B) From the sums permitted to be retained pursuant to
16    this Act each inter-track wagering location licensee shall
17    pay (i) the privilege or pari-mutuel tax to the State; (ii)
18    4.75% of the pari-mutuel handle on inter-track intertrack
19    wagering at such location on races as purses, except that
20    an inter-track intertrack wagering location licensee that
21    derives its license from a track located in a county with a
22    population in excess of 230,000 and that borders the
23    Mississippi River shall retain all purse moneys for its own
24    purse account consistent with distribution set forth in
25    this subsection (h), and inter-track intertrack wagering
26    location licensees that accept wagers on races conducted by

 

 

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1    an organization licensee located in a county with a
2    population in excess of 230,000 and that borders the
3    Mississippi River shall distribute all purse moneys to
4    purses at the operating host track; (iii) until January 1,
5    2000, except as provided in subsection (g) of Section 27 of
6    this Act, 1% of the pari-mutuel handle wagered on
7    inter-track wagering and simulcast wagering at each
8    inter-track wagering location licensee facility to the
9    Horse Racing Tax Allocation Fund, provided that, to the
10    extent the total amount collected and distributed to the
11    Horse Racing Tax Allocation Fund under this subsection (h)
12    during any calendar year exceeds the amount collected and
13    distributed to the Horse Racing Tax Allocation Fund during
14    calendar year 1994, that excess amount shall be
15    redistributed (I) to all inter-track wagering location
16    licensees, based on each licensee's pro-rata share of the
17    total handle from inter-track wagering and simulcast
18    wagering for all inter-track wagering location licensees
19    during the calendar year in which this provision is
20    applicable; then (II) the amounts redistributed to each
21    inter-track wagering location licensee as described in
22    subpart (I) shall be further redistributed as provided in
23    subparagraph (B) of paragraph (5) of subsection (g) of this
24    Section 26 provided first, that the shares of those
25    amounts, which are to be redistributed to the host track or
26    to purses at the host track under subparagraph (B) of

 

 

HB3855 Engrossed- 867 -LRB100 05985 AMC 16014 b

1    paragraph (5) of subsection (g) of this Section 26 shall be
2    redistributed based on each host track's pro rata share of
3    the total inter-track wagering and simulcast wagering
4    handle at all host tracks during the calendar year in
5    question, and second, that any amounts redistributed as
6    described in part (I) to an inter-track wagering location
7    licensee that accepts wagers on races conducted by an
8    organization licensee that conducts a race meet in a county
9    with a population in excess of 230,000 and that borders the
10    Mississippi River shall be further redistributed as
11    provided in subparagraphs (D) and (E) of paragraph (7) of
12    subsection (g) of this Section 26, with the portion of that
13    further redistribution allocated to purses at that
14    organization licensee to be divided between standardbred
15    purses and thoroughbred purses based on the amounts
16    otherwise allocated to purses at that organization
17    licensee during the calendar year in question; and (iv) 8%
18    of the pari-mutuel handle on inter-track wagering wagered
19    at such location to satisfy all costs and expenses of
20    conducting its wagering. The remainder of the monies
21    retained by the inter-track wagering location licensee
22    shall be allocated 40% to the location licensee and 60% to
23    the organization licensee which provides the Illinois
24    races to the location, except that an inter-track
25    intertrack wagering location licensee that derives its
26    license from a track located in a county with a population

 

 

HB3855 Engrossed- 868 -LRB100 05985 AMC 16014 b

1    in excess of 230,000 and that borders the Mississippi River
2    shall not divide any remaining retention with the
3    organization licensee that provides the race or races and
4    an inter-track intertrack wagering location licensee that
5    accepts wagers on races conducted by an organization
6    licensee that conducts a race meet in a county with a
7    population in excess of 230,000 and that borders the
8    Mississippi River shall not divide any remaining retention
9    with the organization licensee. Notwithstanding the
10    provisions of clauses (ii) and (iv) of this paragraph, in
11    the case of the additional inter-track wagering location
12    licenses authorized under paragraph (1) of this subsection
13    (h) by Public Act 87-110 this amendatory Act of 1991, those
14    licensees shall pay the following amounts as purses: during
15    the first 12 months the licensee is in operation, 5.25% of
16    the pari-mutuel handle wagered at the location on races;
17    during the second 12 months, 5.25%; during the third 12
18    months, 5.75%; during the fourth 12 months, 6.25%; and
19    during the fifth 12 months and thereafter, 6.75%. The
20    following amounts shall be retained by the licensee to
21    satisfy all costs and expenses of conducting its wagering:
22    during the first 12 months the licensee is in operation,
23    8.25% of the pari-mutuel handle wagered at the location;
24    during the second 12 months, 8.25%; during the third 12
25    months, 7.75%; during the fourth 12 months, 7.25%; and
26    during the fifth 12 months and thereafter, 6.75%. For

 

 

HB3855 Engrossed- 869 -LRB100 05985 AMC 16014 b

1    additional inter-track intertrack wagering location
2    licensees authorized under Public Act 89-16 this
3    amendatory Act of 1995, purses for the first 12 months the
4    licensee is in operation shall be 5.75% of the pari-mutuel
5    wagered at the location, purses for the second 12 months
6    the licensee is in operation shall be 6.25%, and purses
7    thereafter shall be 6.75%. For additional inter-track
8    intertrack location licensees authorized under Public Act
9    89-16 this amendatory Act of 1995, the licensee shall be
10    allowed to retain to satisfy all costs and expenses: 7.75%
11    of the pari-mutuel handle wagered at the location during
12    its first 12 months of operation, 7.25% during its second
13    12 months of operation, and 6.75% thereafter.
14        (C) There is hereby created the Horse Racing Tax
15    Allocation Fund which shall remain in existence until
16    December 31, 1999. Moneys remaining in the Fund after
17    December 31, 1999 shall be paid into the General Revenue
18    Fund. Until January 1, 2000, all monies paid into the Horse
19    Racing Tax Allocation Fund pursuant to this paragraph (11)
20    by inter-track wagering location licensees located in park
21    districts of 500,000 population or less, or in a
22    municipality that is not included within any park district
23    but is included within a conservation district and is the
24    county seat of a county that (i) is contiguous to the state
25    of Indiana and (ii) has a 1990 population of 88,257
26    according to the United States Bureau of the Census, and

 

 

HB3855 Engrossed- 870 -LRB100 05985 AMC 16014 b

1    operating on May 1, 1994 shall be allocated by
2    appropriation as follows:
3            Two-sevenths to the Department of Agriculture.
4        Fifty percent of this two-sevenths shall be used to
5        promote the Illinois horse racing and breeding
6        industry, and shall be distributed by the Department of
7        Agriculture upon the advice of a 9-member committee
8        appointed by the Governor consisting of the following
9        members: the Director of Agriculture, who shall serve
10        as chairman; 2 representatives of organization
11        licensees conducting thoroughbred race meetings in
12        this State, recommended by those licensees; 2
13        representatives of organization licensees conducting
14        standardbred race meetings in this State, recommended
15        by those licensees; a representative of the Illinois
16        Thoroughbred Breeders and Owners Foundation,
17        recommended by that Foundation; a representative of
18        the Illinois Standardbred Owners and Breeders
19        Association, recommended by that Association; a
20        representative of the Horsemen's Benevolent and
21        Protective Association or any successor organization
22        thereto established in Illinois comprised of the
23        largest number of owners and trainers, recommended by
24        that Association or that successor organization; and a
25        representative of the Illinois Harness Horsemen's
26        Association, recommended by that Association.

 

 

HB3855 Engrossed- 871 -LRB100 05985 AMC 16014 b

1        Committee members shall serve for terms of 2 years,
2        commencing January 1 of each even-numbered year. If a
3        representative of any of the above-named entities has
4        not been recommended by January 1 of any even-numbered
5        year, the Governor shall appoint a committee member to
6        fill that position. Committee members shall receive no
7        compensation for their services as members but shall be
8        reimbursed for all actual and necessary expenses and
9        disbursements incurred in the performance of their
10        official duties. The remaining 50% of this
11        two-sevenths shall be distributed to county fairs for
12        premiums and rehabilitation as set forth in the
13        Agricultural Fair Act;
14            Four-sevenths to park districts or municipalities
15        that do not have a park district of 500,000 population
16        or less for museum purposes (if an inter-track wagering
17        location licensee is located in such a park district)
18        or to conservation districts for museum purposes (if an
19        inter-track wagering location licensee is located in a
20        municipality that is not included within any park
21        district but is included within a conservation
22        district and is the county seat of a county that (i) is
23        contiguous to the state of Indiana and (ii) has a 1990
24        population of 88,257 according to the United States
25        Bureau of the Census, except that if the conservation
26        district does not maintain a museum, the monies shall

 

 

HB3855 Engrossed- 872 -LRB100 05985 AMC 16014 b

1        be allocated equally between the county and the
2        municipality in which the inter-track wagering
3        location licensee is located for general purposes) or
4        to a municipal recreation board for park purposes (if
5        an inter-track wagering location licensee is located
6        in a municipality that is not included within any park
7        district and park maintenance is the function of the
8        municipal recreation board and the municipality has a
9        1990 population of 9,302 according to the United States
10        Bureau of the Census); provided that the monies are
11        distributed to each park district or conservation
12        district or municipality that does not have a park
13        district in an amount equal to four-sevenths of the
14        amount collected by each inter-track wagering location
15        licensee within the park district or conservation
16        district or municipality for the Fund. Monies that were
17        paid into the Horse Racing Tax Allocation Fund before
18        August 9, 1991 (the effective date of Public Act
19        87-110) this amendatory Act of 1991 by an inter-track
20        wagering location licensee located in a municipality
21        that is not included within any park district but is
22        included within a conservation district as provided in
23        this paragraph shall, as soon as practicable after
24        August 9, 1991 (the effective date of Public Act
25        87-110) this amendatory Act of 1991, be allocated and
26        paid to that conservation district as provided in this

 

 

HB3855 Engrossed- 873 -LRB100 05985 AMC 16014 b

1        paragraph. Any park district or municipality not
2        maintaining a museum may deposit the monies in the
3        corporate fund of the park district or municipality
4        where the inter-track wagering location is located, to
5        be used for general purposes; and
6            One-seventh to the Agricultural Premium Fund to be
7        used for distribution to agricultural home economics
8        extension councils in accordance with "An Act in
9        relation to additional support and finances for the
10        Agricultural and Home Economic Extension Councils in
11        the several counties of this State and making an
12        appropriation therefor", approved July 24, 1967.
13        Until January 1, 2000, all other monies paid into the
14    Horse Racing Tax Allocation Fund pursuant to this paragraph
15    (11) shall be allocated by appropriation as follows:
16            Two-sevenths to the Department of Agriculture.
17        Fifty percent of this two-sevenths shall be used to
18        promote the Illinois horse racing and breeding
19        industry, and shall be distributed by the Department of
20        Agriculture upon the advice of a 9-member committee
21        appointed by the Governor consisting of the following
22        members: the Director of Agriculture, who shall serve
23        as chairman; 2 representatives of organization
24        licensees conducting thoroughbred race meetings in
25        this State, recommended by those licensees; 2
26        representatives of organization licensees conducting

 

 

HB3855 Engrossed- 874 -LRB100 05985 AMC 16014 b

1        standardbred race meetings in this State, recommended
2        by those licensees; a representative of the Illinois
3        Thoroughbred Breeders and Owners Foundation,
4        recommended by that Foundation; a representative of
5        the Illinois Standardbred Owners and Breeders
6        Association, recommended by that Association; a
7        representative of the Horsemen's Benevolent and
8        Protective Association or any successor organization
9        thereto established in Illinois comprised of the
10        largest number of owners and trainers, recommended by
11        that Association or that successor organization; and a
12        representative of the Illinois Harness Horsemen's
13        Association, recommended by that Association.
14        Committee members shall serve for terms of 2 years,
15        commencing January 1 of each even-numbered year. If a
16        representative of any of the above-named entities has
17        not been recommended by January 1 of any even-numbered
18        year, the Governor shall appoint a committee member to
19        fill that position. Committee members shall receive no
20        compensation for their services as members but shall be
21        reimbursed for all actual and necessary expenses and
22        disbursements incurred in the performance of their
23        official duties. The remaining 50% of this
24        two-sevenths shall be distributed to county fairs for
25        premiums and rehabilitation as set forth in the
26        Agricultural Fair Act;

 

 

HB3855 Engrossed- 875 -LRB100 05985 AMC 16014 b

1            Four-sevenths to museums and aquariums located in
2        park districts of over 500,000 population; provided
3        that the monies are distributed in accordance with the
4        previous year's distribution of the maintenance tax
5        for such museums and aquariums as provided in Section 2
6        of the Park District Aquarium and Museum Act; and
7            One-seventh to the Agricultural Premium Fund to be
8        used for distribution to agricultural home economics
9        extension councils in accordance with "An Act in
10        relation to additional support and finances for the
11        Agricultural and Home Economic Extension Councils in
12        the several counties of this State and making an
13        appropriation therefor", approved July 24, 1967. This
14        subparagraph (C) shall be inoperative and of no force
15        and effect on and after January 1, 2000.
16            (D) Except as provided in paragraph (11) of this
17        subsection (h), with respect to purse allocation from
18        inter-track intertrack wagering, the monies so
19        retained shall be divided as follows:
20                (i) If the inter-track wagering licensee,
21            except an inter-track intertrack wagering licensee
22            that derives its license from an organization
23            licensee located in a county with a population in
24            excess of 230,000 and bounded by the Mississippi
25            River, is not conducting its own race meeting
26            during the same dates, then the entire purse

 

 

HB3855 Engrossed- 876 -LRB100 05985 AMC 16014 b

1            allocation shall be to purses at the track where
2            the races wagered on are being conducted.
3                (ii) If the inter-track wagering licensee,
4            except an inter-track intertrack wagering licensee
5            that derives its license from an organization
6            licensee located in a county with a population in
7            excess of 230,000 and bounded by the Mississippi
8            River, is also conducting its own race meeting
9            during the same dates, then the purse allocation
10            shall be as follows: 50% to purses at the track
11            where the races wagered on are being conducted; 50%
12            to purses at the track where the inter-track
13            wagering licensee is accepting such wagers.
14                (iii) If the inter-track wagering is being
15            conducted by an inter-track wagering location
16            licensee, except an inter-track intertrack
17            wagering location licensee that derives its
18            license from an organization licensee located in a
19            county with a population in excess of 230,000 and
20            bounded by the Mississippi River, the entire purse
21            allocation for Illinois races shall be to purses at
22            the track where the race meeting being wagered on
23            is being held.
24        (12) The Board shall have all powers necessary and
25    proper to fully supervise and control the conduct of
26    inter-track wagering and simulcast wagering by inter-track

 

 

HB3855 Engrossed- 877 -LRB100 05985 AMC 16014 b

1    wagering licensees and inter-track wagering location
2    licensees, including, but not limited to the following:
3            (A) The Board is vested with power to promulgate
4        reasonable rules and regulations for the purpose of
5        administering the conduct of this wagering and to
6        prescribe reasonable rules, regulations and conditions
7        under which such wagering shall be held and conducted.
8        Such rules and regulations are to provide for the
9        prevention of practices detrimental to the public
10        interest and for the best interests of said wagering
11        and to impose penalties for violations thereof.
12            (B) The Board, and any person or persons to whom it
13        delegates this power, is vested with the power to enter
14        the facilities of any licensee to determine whether
15        there has been compliance with the provisions of this
16        Act and the rules and regulations relating to the
17        conduct of such wagering.
18            (C) The Board, and any person or persons to whom it
19        delegates this power, may eject or exclude from any
20        licensee's facilities, any person whose conduct or
21        reputation is such that his presence on such premises
22        may, in the opinion of the Board, call into the
23        question the honesty and integrity of, or interfere
24        with the orderly conduct of such wagering; provided,
25        however, that no person shall be excluded or ejected
26        from such premises solely on the grounds of race,

 

 

HB3855 Engrossed- 878 -LRB100 05985 AMC 16014 b

1        color, creed, national origin, ancestry, or sex.
2            (D) (Blank).
3            (E) The Board is vested with the power to appoint
4        delegates to execute any of the powers granted to it
5        under this Section for the purpose of administering
6        this wagering and any rules and regulations
7        promulgated in accordance with this Act.
8            (F) The Board shall name and appoint a State
9        director of this wagering who shall be a representative
10        of the Board and whose duty it shall be to supervise
11        the conduct of inter-track wagering as may be provided
12        for by the rules and regulations of the Board; such
13        rules and regulation shall specify the method of
14        appointment and the Director's powers, authority and
15        duties.
16            (G) The Board is vested with the power to impose
17        civil penalties of up to $5,000 against individuals and
18        up to $10,000 against licensees for each violation of
19        any provision of this Act relating to the conduct of
20        this wagering, any rules adopted by the Board, any
21        order of the Board or any other action which in the
22        Board's discretion, is a detriment or impediment to
23        such wagering.
24        (13) The Department of Agriculture may enter into
25    agreements with licensees authorizing such licensees to
26    conduct inter-track wagering on races to be held at the

 

 

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1    licensed race meetings conducted by the Department of
2    Agriculture. Such agreement shall specify the races of the
3    Department of Agriculture's licensed race meeting upon
4    which the licensees will conduct wagering. In the event
5    that a licensee conducts inter-track pari-mutuel wagering
6    on races from the Illinois State Fair or DuQuoin State Fair
7    which are in addition to the licensee's previously approved
8    racing program, those races shall be considered a separate
9    racing day for the purpose of determining the daily handle
10    and computing the privilege or pari-mutuel tax on that
11    daily handle as provided in Sections 27 and 27.1. Such
12    agreements shall be approved by the Board before such
13    wagering may be conducted. In determining whether to grant
14    approval, the Board shall give due consideration to the
15    best interests of the public and of horse racing. The
16    provisions of paragraphs (1), (8), (8.1), and (8.2) of
17    subsection (h) of this Section which are not specified in
18    this paragraph (13) shall not apply to licensed race
19    meetings conducted by the Department of Agriculture at the
20    Illinois State Fair in Sangamon County or the DuQuoin State
21    Fair in Perry County, or to any wagering conducted on those
22    race meetings.
23        (14) An inter-track wagering location license
24    authorized by the Board in 2016 that is owned and operated
25    by a race track in Rock Island County shall be transferred
26    to a commonly owned race track in Cook County on August 12,

 

 

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1    2016 (the effective date of Public Act 99-757) this
2    amendatory Act of the 99th General Assembly. The licensee
3    shall retain its status in relation to purse distribution
4    under paragraph (11) of this subsection (h) following the
5    transfer to the new entity. The pari-mutuel tax credit
6    under Section 32.1 shall not be applied toward any
7    pari-mutuel tax obligation of the inter-track wagering
8    location licensee of the license that is transferred under
9    this paragraph (14).
10    (i) Notwithstanding the other provisions of this Act, the
11conduct of wagering at wagering facilities is authorized on all
12days, except as limited by subsection (b) of Section 19 of this
13Act.
14(Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968,
15eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16;
16revised 9-14-16.)
 
17    (230 ILCS 5/26.2)  (from Ch. 8, par. 37-26.2)
18    Sec. 26.2. In addition to the amount retained by licensees
19pursuant to Section 26, each licensee may retain an additional
20amount up to 3 1/2% of the amount wagered on all multiple
21wagers plus an additional amount up to 8% of the amount wagered
22on any other multiple wager that involves a single betting
23interest on 3 or more horses. Amounts retained by organization
24licensees and inter-track wagering licensees on all forms of
25wagering shall be allocated, after payment of applicable State

 

 

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1and local taxes among organization licensees, inter-track
2wagering licensees, and purses as set forth in paragraph (5) of
3subsection (g) of Section 26, subparagraph (A) of paragraph
4(11) of subsection (h) of Section 26, and subsection (a) of
5Section 29 of this Act. Amounts retained by inter-track
6intertrack wagering location licensees under this Section on
7all forms of wagering shall be allocated, after payment of
8applicable State and local taxes, among organization
9licensees, inter-track intertrack wagering location licensees,
10and purses as set forth in paragraph 5 of subsection (g) of
11Section 26 and subparagraph (B) of paragraph (11) of subsection
12(h) of Section 26.
13(Source: P.A. 89-16, eff. 5-30-95; revised 9-2-16.)
 
14    (230 ILCS 5/32.1)
15    Sec. 32.1. Pari-mutuel tax credit; statewide racetrack
16real estate equalization. In order to encourage new investment
17in Illinois racetrack facilities and mitigate differing real
18estate tax burdens among all racetracks, the licensees
19affiliated or associated with each racetrack that has been
20awarded live racing dates in the current year shall receive an
21immediate pari-mutuel tax credit in an amount equal to the
22greater of (i) 50% of the amount of the real estate taxes paid
23in the prior year attributable to that racetrack, or (ii) the
24amount by which the real estate taxes paid in the prior year
25attributable to that racetrack exceeds 60% of the average real

 

 

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1estate taxes paid in the prior year for all racetracks awarded
2live horse racing meets in the current year.
3    Each year, regardless of whether the organization licensee
4conducted live racing in the year of certification, the Board
5shall certify in writing, prior to December 31, the real estate
6taxes paid in that year for each racetrack and the amount of
7the pari-mutuel tax credit that each organization licensee,
8inter-track intertrack wagering licensee, and inter-track
9intertrack wagering location licensee that derives its license
10from such racetrack is entitled in the succeeding calendar
11year. The real estate taxes considered under this Section for
12any racetrack shall be those taxes on the real estate parcels
13and related facilities used to conduct a horse race meeting and
14inter-track wagering at such racetrack under this Act. In no
15event shall the amount of the tax credit under this Section
16exceed the amount of pari-mutuel taxes otherwise calculated
17under this Act. The amount of the tax credit under this Section
18shall be retained by each licensee and shall not be subject to
19any reallocation or further distribution under this Act. The
20Board may promulgate emergency rules to implement this Section.
21(Source: P.A. 91-40, eff. 6-25-99; revised 9-2-16.)
 
22    (230 ILCS 5/40)  (from Ch. 8, par. 37-40)
23    Sec. 40. (a) The imposition of any fine or penalty provided
24in this Act shall not preclude the Board in its rules and
25regulations from imposing a fine or penalty for any other

 

 

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1action which, in the Board's discretion, is a detriment or
2impediment to horse racing.
3    (b) The Director of Agriculture or his or her authorized
4representative shall impose the following monetary penalties
5and hold administrative hearings as required for failure to
6submit the following applications, lists, or reports within the
7time period, date or manner required by statute or rule or for
8removing a foal from Illinois prior to inspection:
9        (1) late filing of a renewal application for offering
10    or standing stallion for service:
11            (A) if an application is submitted no more than 30
12        days late, $50;
13            (B) if an application is submitted no more than 45
14        days late, $150; or
15            (C) if an application is submitted more than 45
16        days late, if filing of the application is allowed
17        under an administrative hearing, $250;
18        (2) late filing of list or report of mares bred:
19            (A) if a list or report is submitted no more than
20        30 days late, $50;
21            (B) if a list or report is submitted no more than
22        60 days late, $150; or
23            (C) if a list or report is submitted more than 60
24        days late, if filing of the list or report is allowed
25        under an administrative hearing, $250;
26        (3) filing an Illinois foaled thoroughbred mare status

 

 

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1    report after December 31:
2            (A) if a report is submitted no more than 30 days
3        late, $50;
4            (B) if a report is submitted no more than 90 days
5        late, $150;
6            (C) if a report is submitted no more than 150 days
7        late, $250; or
8            (D) if a report is submitted more than 150 days
9        late, if filing of the report is allowed under an
10        administrative hearing, $500;
11        (4) late filing of application for foal eligibility
12    certificate:
13            (A) if an application is submitted no more than 30
14        days late, $50;
15            (B) if an application is submitted no more than 90
16        days late, $150;
17            (C) if an application is submitted no more than 150
18        days late, $250; or
19            (D) if an application is submitted more than 150
20        days late, if filing of the application is allowed
21        under an administrative hearing, $500;
22        (5) failure to report the intent to remove a foal from
23    Illinois prior to inspection, identification and
24    certification by a Department of Agriculture investigator,
25    $50; and
26        (6) if a list or report of mares bred is incomplete,

 

 

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1    $50 per mare not included on the list or report.
2    Any person upon whom monetary penalties are imposed under
3this Section 3 times within a 5-year 5 year period shall have
4any further monetary penalties imposed at double the amounts
5set forth above. All monies assessed and collected for
6violations relating to thoroughbreds shall be paid into the
7Illinois Thoroughbred Breeders Fund. All monies assessed and
8collected for violations relating to standardbreds shall be
9paid into the Illinois Standardbred Breeders Fund.
10(Source: P.A. 87-397; revised 9-2-16.)
 
11    Section 565. The Raffles and Poker Runs Act is amended by
12changing Section 2 as follows:
 
13    (230 ILCS 15/2)  (from Ch. 85, par. 2302)
14    Sec. 2. Licensing.
15    (a) The governing body of any county or municipality within
16this State may establish a system for the licensing of
17organizations to operate raffles. The governing bodies of a
18county and one or more municipalities may, pursuant to a
19written contract, jointly establish a system for the licensing
20of organizations to operate raffles within any area of
21contiguous territory not contained within the corporate limits
22of a municipality which is not a party to such contract. The
23governing bodies of two or more adjacent counties or two or
24more adjacent municipalities located within a county may,

 

 

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1pursuant to a written contract, jointly establish a system for
2the licensing of organizations to operate raffles within the
3corporate limits of such counties or municipalities. The
4licensing authority may establish special categories of
5licenses and promulgate rules relating to the various
6categories. The licensing system shall provide for limitations
7upon (1) the aggregate retail value of all prizes or
8merchandise awarded by a licensee in a single raffle, (2) the
9maximum retail value of each prize awarded by a licensee in a
10single raffle, (3) the maximum price which may be charged for
11each raffle chance issued or sold and (4) the maximum number of
12days during which chances may be issued or sold. The licensing
13system may include a fee for each license in an amount to be
14determined by the local governing body. Licenses issued
15pursuant to this Act shall be valid for one raffle or for a
16specified number of raffles to be conducted during a specified
17period not to exceed one year and may be suspended or revoked
18for any violation of this Act. A local governing body shall act
19on a license application within 30 days from the date of
20application. Nothing in this Act shall be construed to prohibit
21a county or municipality from adopting rules or ordinances for
22the operation of raffles that are more restrictive than
23provided for in this Act. Except for raffles organized by law
24enforcement agencies and statewide associations that represent
25law enforcement officials as provided in Section 9 of this Act,
26the governing body of a municipality may authorize the sale of

 

 

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1raffle chances only within the borders of the municipality.
2Except for raffles organized by law enforcement agencies and
3statewide associations that represent law enforcement
4officials as provided in Section 9, the governing body of the
5county may authorize the sale of raffle chances only in those
6areas which are both within the borders of the county and
7outside the borders of any municipality.
8    (a-5) The governing body of Cook County may and any other
9county within this State shall establish a system for the
10licensing of organizations to operate poker runs. The governing
11bodies of 2 or more adjacent counties may, pursuant to a
12written contract, jointly establish a system for the licensing
13of organizations to operate poker runs within the corporate
14limits of such counties. The licensing authority may establish
15special categories of licenses and adopt rules relating to the
16various categories. The licensing system may include a fee not
17to exceed $25 for each license. Licenses issued pursuant to
18this Act shall be valid for one poker run or for a specified
19number of poker runs to be conducted during a specified period
20not to exceed one year and may be suspended or revoked for any
21violation of this Act. A local governing body shall act on a
22license application within 30 days after the date of
23application.
24    (b) Raffle licenses shall be issued only to bona fide
25religious, charitable, labor, business, fraternal, educational
26or veterans' organizations that operate without profit to their

 

 

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1members and which have been in existence continuously for a
2period of 5 years immediately before making application for a
3raffle license and which have had during that entire 5-year
4period a bona fide membership engaged in carrying out their
5objects, or to a non-profit fundraising organization that the
6licensing authority determines is organized for the sole
7purpose of providing financial assistance to an identified
8individual or group of individuals suffering extreme financial
9hardship as the result of an illness, disability, accident or
10disaster, as well as law enforcement agencies and statewide
11associations that represent law enforcement officials as
12provided for in Section 9 of this Act. Poker run licenses shall
13be issued only to bona fide religious, charitable, labor,
14business, fraternal, educational, veterans', or other bona
15fide not-for-profit organizations that operate without profit
16to their members and which have been in existence continuously
17for a period of 5 years immediately before making application
18for a poker run license and which have had during that entire
195-year period a bona fide membership engaged in carrying out
20their objects. Licenses for poker runs shall be issued for the
21following purposes: (i) providing financial assistance to an
22identified individual or group of individuals suffering
23extreme financial hardship as the result of an illness,
24disability, accident, or disaster or (ii) to maintain the
25financial stability of the organization. A licensing authority
26may waive the 5-year requirement under this subsection (b) for

 

 

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1a bona fide religious, charitable, labor, business, fraternal,
2educational, or veterans' organization that applies for a
3license to conduct a poker run if the organization is a local
4organization that is affiliated with and chartered by a
5national or State organization that meets the 5-year
6requirement.
7    For purposes of this Act, the following definitions apply.
8Non-profit: An organization or institution organized and
9conducted on a not-for-profit basis with no personal profit
10inuring to any one as a result of the operation. Charitable: An
11organization or institution organized and operated to benefit
12an indefinite number of the public. The service rendered to
13those eligible for benefits must also confer some benefit on
14the public. Educational: An organization or institution
15organized and operated to provide systematic instruction in
16useful branches of learning by methods common to schools and
17institutions of learning which compare favorably in their scope
18and intensity with the course of study presented in
19tax-supported schools. Religious: Any church, congregation,
20society, or organization founded for the purpose of religious
21worship. Fraternal: An organization of persons having a common
22interest, the primary interest of which is to both promote the
23welfare of its members and to provide assistance to the general
24public in such a way as to lessen the burdens of government by
25caring for those that otherwise would be cared for by the
26government. Veterans: An organization or association comprised

 

 

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1of members of which substantially all are individuals who are
2veterans or spouses, widows, or widowers of veterans, the
3primary purpose of which is to promote the welfare of its
4members and to provide assistance to the general public in such
5a way as to confer a public benefit. Labor: An organization
6composed of workers organized with the objective of betterment
7of the conditions of those engaged in such pursuit and the
8development of a higher degree of efficiency in their
9respective occupations. Business: A voluntary organization
10composed of individuals and businesses who have joined together
11to advance the commercial, financial, industrial and civic
12interests of a community.
13    (c) Poker runs shall be licensed by the county with
14jurisdiction over the key location. The license granted by the
15key location shall cover the entire poker run, including
16locations other than the key location. Each license issued
17shall include the name and address of each predetermined
18location.
19(Source: P.A. 98-644, eff. 6-10-14; 99-405, eff. 8-19-15;
2099-757, eff. 8-12-16; revised 9-14-16.)
 
21    Section 570. The Liquor Control Act of 1934 is amended by
22changing Sections 3-12, 5-1, 5-3, 6-4, 6-11, 6-15, and 6-28.5
23as follows:
 
24    (235 ILCS 5/3-12)

 

 

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

 

 

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1    regulation issued pursuant thereto and in effect for 30
2    days prior to such violation.
3        For the purpose of this paragraph (1), when determining
4    multiple violations for the sale of alcohol to a person
5    under the age of 21, a second or subsequent violation for
6    the sale of alcohol to a person under the age of 21 shall
7    only be considered if it was committed within 5 years after
8    the date when a prior violation for the sale of alcohol to
9    a person under the age of 21 was committed.
10        The fine imposed under this paragraph may not exceed
11    $500 for each violation. Each day that the activity, which
12    gave rise to the original fine, continues is a separate
13    violation. The maximum fine that may be levied against any
14    licensee, for the period of the license, shall not exceed
15    $20,000. The maximum penalty that may be imposed on a
16    licensee for selling a bottle of alcoholic liquor with a
17    foreign object in it or serving from a bottle of alcoholic
18    liquor with a foreign object in it shall be the destruction
19    of that bottle of alcoholic liquor for the first 10 bottles
20    so sold or served from by the licensee. For the eleventh
21    bottle of alcoholic liquor and for each third bottle
22    thereafter sold or served from by the licensee with a
23    foreign object in it, the maximum penalty that may be
24    imposed on the licensee is the destruction of the bottle of
25    alcoholic liquor and a fine of up to $50.
26        (2) To adopt such rules and regulations consistent with

 

 

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1    the provisions of this Act which shall be necessary to
2    carry on its functions and duties to the end that the
3    health, safety and welfare of the People of the State of
4    Illinois shall be protected and temperance in the
5    consumption of alcoholic liquors shall be fostered and
6    promoted and to distribute copies of such rules and
7    regulations to all licensees affected thereby.
8        (3) To call upon other administrative departments of
9    the State, county and municipal governments, county and
10    city police departments and upon prosecuting officers for
11    such information and assistance as it deems necessary in
12    the performance of its duties.
13        (4) To recommend to local commissioners rules and
14    regulations, not inconsistent with the law, for the
15    distribution and sale of alcoholic liquors throughout the
16    State.
17        (5) To inspect, or cause to be inspected, any premises
18    in this State where alcoholic liquors are manufactured,
19    distributed, warehoused, or sold. Nothing in this Act
20    authorizes an agent of the Commission to inspect private
21    areas within the premises without reasonable suspicion or a
22    warrant during an inspection. "Private areas" include, but
23    are not limited to, safes, personal property, and closed
24    desks.
25        (5.1) Upon receipt of a complaint or upon having
26    knowledge that any person is engaged in business as a

 

 

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

 

 

HB3855 Engrossed- 895 -LRB100 05985 AMC 16014 b

1    local commission in accordance with the provisions of this
2    Act, as hereinafter set forth. Hearings under this
3    subsection shall be held in Springfield or Chicago, at
4    whichever location is the more convenient for the majority
5    of persons who are parties to the hearing.
6        (7) The commission shall establish uniform systems of
7    accounts to be kept by all retail licensees having more
8    than 4 employees, and for this purpose the commission may
9    classify all retail licensees having more than 4 employees
10    and establish a uniform system of accounts for each class
11    and prescribe the manner in which such accounts shall be
12    kept. The commission may also prescribe the forms of
13    accounts to be kept by all retail licensees having more
14    than 4 employees, including but not limited to accounts of
15    earnings and expenses and any distribution, payment, or
16    other distribution of earnings or assets, and any other
17    forms, records and memoranda which in the judgment of the
18    commission may be necessary or appropriate to carry out any
19    of the provisions of this Act, including but not limited to
20    such forms, records and memoranda as will readily and
21    accurately disclose at all times the beneficial ownership
22    of such retail licensed business. The accounts, forms,
23    records and memoranda shall be available at all reasonable
24    times for inspection by authorized representatives of the
25    State commission or by any local liquor control
26    commissioner or his or her authorized representative. The

 

 

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

 

 

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

 

 

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

 

 

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1    inspections of a geographically and scientifically
2    representative sample of the State's retail tobacco
3    distributors.
4        The Commission shall consult with the Department of
5    Public Health, the Department of Human Services, the
6    Illinois State Police and any other executive branch
7    agency, and private organizations that may have
8    information relevant to this report.
9        The Commission may contract with the Food and Drug
10    Administration of the U.S. Department of Health and Human
11    Services to conduct unannounced investigations of Illinois
12    tobacco vendors to determine compliance with federal laws
13    relating to the illegal sale of cigarettes and smokeless
14    tobacco products to persons under the age of 18.
15        (14) On or before April 30, 2008 and every 2 years
16    thereafter, the Commission shall present a written report
17    to the Governor and the General Assembly that shall be
18    based on a study of the impact of Public Act 95-634 this
19    amendatory Act of the 95th General Assembly on the business
20    of soliciting, selling, and shipping wine from inside and
21    outside of this State directly to residents of this State.
22    As part of its report, the Commission shall provide all of
23    the following information:
24            (A) The amount of State excise and sales tax
25        revenues generated.
26            (B) The amount of licensing fees received.

 

 

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1            (C) The number of cases of wine shipped from inside
2        and outside of this State directly to residents of this
3        State.
4            (D) The number of alcohol compliance operations
5        conducted.
6            (E) The number of winery shipper's licenses
7        issued.
8            (F) The number of each of the following: reported
9        violations; cease and desist notices issued by the
10        Commission; notices of violations issued by the
11        Commission and to the Department of Revenue; and
12        notices and complaints of violations to law
13        enforcement officials, including, without limitation,
14        the Illinois Attorney General and the U.S. Department
15        of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
16        (15) As a means to reduce the underage consumption of
17    alcoholic liquors, the Commission shall conduct alcohol
18    compliance operations to investigate whether businesses
19    that are soliciting, selling, and shipping wine from inside
20    or outside of this State directly to residents of this
21    State are licensed by this State or are selling or
22    attempting to sell wine to persons under 21 years of age in
23    violation of this Act.
24        (16) The Commission shall, in addition to notifying any
25    appropriate law enforcement agency, submit notices of
26    complaints or violations of Sections 6-29 and 6-29.1 by

 

 

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

 

 

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1            (C) The Commission shall approve the application
2        for a self-distribution exemption if such person: (1)
3        is in compliance with State revenue and liquor laws;
4        (2) is not a member of any affiliated group that
5        produces more than 25,000 gallons of wine per annum or
6        produces any other alcoholic liquor; (3) will not
7        annually produce for sale more than 25,000 gallons of
8        wine; and (4) will not annually sell more than 5,000
9        gallons of its wine to retail licensees.
10            (D) A self-distribution exemption holder shall
11        annually certify to the Commission its production of
12        wine in the previous 12 months and its anticipated
13        production and sales for the next 12 months. The
14        Commission may fine, suspend, or revoke a
15        self-distribution exemption after a hearing if it
16        finds that the exemption holder has made a material
17        misrepresentation in its application, violated a
18        revenue or liquor law of Illinois, exceeded production
19        of 25,000 gallons of wine in any calendar year, or
20        become part of an affiliated group producing more than
21        25,000 gallons of wine or any other alcoholic liquor.
22            (E) Except in hearings for violations of this Act
23        or Public Act 95-634 amendatory Act or a bona fide
24        investigation by duly sworn law enforcement officials,
25        the Commission, or its agents, the Commission shall
26        maintain the production and sales information of a

 

 

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1        self-distribution exemption holder as confidential and
2        shall not release such information to any person.
3            (F) The Commission shall issue regulations
4        governing self-distribution exemptions consistent with
5        this Section and this Act.
6            (G) Nothing in this subsection (17) shall prohibit
7        a self-distribution exemption holder from entering
8        into or simultaneously having a distribution agreement
9        with a licensed Illinois distributor.
10            (H) It is the intent of this subsection (17) to
11        promote and continue orderly markets. The General
12        Assembly finds that in order to preserve Illinois'
13        regulatory distribution system it is necessary to
14        create an exception for smaller makers of wine as their
15        wines are frequently adjusted in varietals, mixes,
16        vintages, and taste to find and create market niches
17        sometimes too small for distributor or importing
18        distributor business strategies. Limited
19        self-distribution rights will afford and allow smaller
20        makers of wine access to the marketplace in order to
21        develop a customer base without impairing the
22        integrity of the 3-tier system.
23        (18) (A) A class 1 brewer licensee, who must also be
24    either a licensed brewer or licensed non-resident dealer
25    and annually manufacture less than 930,000 gallons of beer,
26    may make application to the State Commission for a

 

 

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

 

 

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1        of its beer to retail licensees; and (5) has
2        relinquished any brew pub license held by the licensee,
3        including any ownership interest it held in the
4        licensed brew pub.
5            (D) A self-distribution exemption holder shall
6        annually certify to the State Commission its
7        manufacture of beer during the previous 12 months and
8        its anticipated manufacture and sales of beer for the
9        next 12 months. The State Commission may fine, suspend,
10        or revoke a self-distribution exemption after a
11        hearing if it finds that the exemption holder has made
12        a material misrepresentation in its application,
13        violated a revenue or alcoholic beverage law of
14        Illinois, exceeded the manufacture of 930,000 gallons
15        of beer in any calendar year or became part of an
16        affiliated group manufacturing more than 930,000
17        gallons of beer or any other alcoholic beverage.
18            (E) The State Commission shall issue rules and
19        regulations governing self-distribution exemptions
20        consistent with this Act.
21            (F) Nothing in this paragraph (18) shall prohibit a
22        self-distribution exemption holder from entering into
23        or simultaneously having a distribution agreement with
24        a licensed Illinois importing distributor or a
25        distributor. If a self-distribution exemption holder
26        enters into a distribution agreement and has assigned

 

 

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1        distribution rights to an importing distributor or
2        distributor, then the self-distribution exemption
3        holder's distribution rights in the assigned
4        territories shall cease in a reasonable time not to
5        exceed 60 days.
6            (G) It is the intent of this paragraph (18) to
7        promote and continue orderly markets. The General
8        Assembly finds that in order to preserve Illinois'
9        regulatory distribution system, it is necessary to
10        create an exception for smaller manufacturers in order
11        to afford and allow such smaller manufacturers of beer
12        access to the marketplace in order to develop a
13        customer base without impairing the integrity of the
14        3-tier system.
15    (b) On or before April 30, 1999, the Commission shall
16present a written report to the Governor and the General
17Assembly that shall be based on a study of the impact of Public
18Act 90-739 this amendatory Act of 1998 on the business of
19soliciting, selling, and shipping alcoholic liquor from
20outside of this State directly to residents of this State.
21    As part of its report, the Commission shall provide the
22following information:
23        (i) the amount of State excise and sales tax revenues
24    generated as a result of Public Act 90-739 this amendatory
25    Act of 1998;
26        (ii) the amount of licensing fees received as a result

 

 

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1    of Public Act 90-739 this amendatory Act of 1998;
2        (iii) the number of reported violations, the number of
3    cease and desist notices issued by the Commission, the
4    number of notices of violations issued to the Department of
5    Revenue, and the number of notices and complaints of
6    violations to law enforcement officials.
7(Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15;
898-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
9revised 9-13-16.)
 
10    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
11    Sec. 5-1. Licenses issued by the Illinois Liquor Control
12Commission shall be of the following classes:
13    (a) Manufacturer's license - Class 1. Distiller, Class 2.
14Rectifier, Class 3. Brewer, Class 4. First Class Wine
15Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
16First Class Winemaker, Class 7. Second Class Winemaker, Class
178. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
1810. Class 1 Brewer, Class 11. Class 2 Brewer,
19    (b) Distributor's license,
20    (c) Importing Distributor's license,
21    (d) Retailer's license,
22    (e) Special Event Retailer's license (not-for-profit),
23    (f) Railroad license,
24    (g) Boat license,
25    (h) Non-Beverage User's license,

 

 

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1    (i) Wine-maker's premises license,
2    (j) Airplane license,
3    (k) Foreign importer's license,
4    (l) Broker's license,
5    (m) Non-resident dealer's license,
6    (n) Brew Pub license,
7    (o) Auction liquor license,
8    (p) Caterer retailer license,
9    (q) Special use permit license,
10    (r) Winery shipper's license,
11    (s) Craft distiller tasting permit.
12    No person, firm, partnership, corporation, or other legal
13business entity that is engaged in the manufacturing of wine
14may concurrently obtain and hold a wine-maker's license and a
15wine manufacturer's license.
16    (a) A manufacturer's license shall allow the manufacture,
17importation in bulk, storage, distribution and sale of
18alcoholic liquor to persons without the State, as may be
19permitted by law and to licensees in this State as follows:
20    Class 1. A Distiller may make sales and deliveries of
21alcoholic liquor to distillers, rectifiers, importing
22distributors, distributors and non-beverage users and to no
23other licensees.
24    Class 2. A Rectifier, who is not a distiller, as defined
25herein, may make sales and deliveries of alcoholic liquor to
26rectifiers, importing distributors, distributors, retailers

 

 

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1and non-beverage users and to no other licensees.
2    Class 3. A Brewer may make sales and deliveries of beer to
3importing distributors and distributors and may make sales as
4authorized under subsection (e) of Section 6-4 of this Act.
5    Class 4. A first class wine-manufacturer may make sales and
6deliveries of up to 50,000 gallons of wine to manufacturers,
7importing distributors and distributors, and to no other
8licensees.
9    Class 5. A second class Wine manufacturer may make sales
10and deliveries of more than 50,000 gallons of wine to
11manufacturers, importing distributors and distributors and to
12no other licensees.
13    Class 6. A first-class wine-maker's license shall allow the
14manufacture of up to 50,000 gallons of wine per year, and the
15storage and sale of such wine to distributors in the State and
16to persons without the State, as may be permitted by law. A
17person who, prior to June 1, 2008 (the effective date of Public
18Act 95-634), is a holder of a first-class wine-maker's license
19and annually produces more than 25,000 gallons of its own wine
20and who distributes its wine to licensed retailers shall cease
21this practice on or before July 1, 2008 in compliance with
22Public Act 95-634.
23    Class 7. A second-class wine-maker's license shall allow
24the manufacture of between 50,000 and 150,000 gallons of wine
25per year, and the storage and sale of such wine to distributors
26in this State and to persons without the State, as may be

 

 

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1permitted by law. A person who, prior to June 1, 2008 (the
2effective date of Public Act 95-634), is a holder of a
3second-class wine-maker's license and annually produces more
4than 25,000 gallons of its own wine and who distributes its
5wine to licensed retailers shall cease this practice on or
6before July 1, 2008 in compliance with Public Act 95-634.
7    Class 8. A limited wine-manufacturer may make sales and
8deliveries not to exceed 40,000 gallons of wine per year to
9distributors, and to non-licensees in accordance with the
10provisions of this Act.
11    Class 9. A craft distiller license shall allow the
12manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166)
13gallons of spirits by distillation per year and the storage of
14such spirits. If a craft distiller licensee, including a craft
15distiller licensee who holds more than one craft distiller
16license, is not affiliated with any other manufacturer of
17spirits, then the craft distiller licensee may sell such
18spirits to distributors in this State and up to 2,500 gallons
19of such spirits to non-licensees to the extent permitted by any
20exemption approved by the Commission pursuant to Section 6-4 of
21this Act. A craft distiller license holder may store such
22spirits at a non-contiguous licensed location, but at no time
23shall a craft distiller license holder directly or indirectly
24produce in the aggregate more than 100,000 gallons of spirits
25per year.
26    A craft distiller licensee may hold more than one craft

 

 

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1distiller's license. However, a craft distiller that holds more
2than one craft distiller license shall not manufacture, in the
3aggregate, more than 100,000 gallons of spirits by distillation
4per year and shall not sell, in the aggregate, more than 2,500
5gallons of such spirits to non-licensees in accordance with an
6exemption approved by the State Commission pursuant to Section
76-4 of this Act.
8    Any craft distiller licensed under this Act who on July 28,
92010 (the effective date of Public Act 96-1367) was licensed as
10a distiller and manufactured no more spirits than permitted by
11this Section shall not be required to pay the initial licensing
12fee.
13    Class 10. A class 1 brewer license, which may only be
14issued to a licensed brewer or licensed non-resident dealer,
15shall allow the manufacture of up to 930,000 gallons of beer
16per year provided that the class 1 brewer licensee does not
17manufacture more than a combined 930,000 gallons of beer per
18year and is not a member of or affiliated with, directly or
19indirectly, a manufacturer that produces more than 930,000
20gallons of beer per year or any other alcoholic liquor. A class
211 brewer licensee may make sales and deliveries to importing
22distributors and distributors and to retail licensees in
23accordance with the conditions set forth in paragraph (18) of
24subsection (a) of Section 3-12 of this Act.
25    Class 11. A class 2 brewer license, which may only be
26issued to a licensed brewer or licensed non-resident dealer,

 

 

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1shall allow the manufacture of up to 3,720,000 gallons of beer
2per year provided that the class 2 brewer licensee does not
3manufacture more than a combined 3,720,000 gallons of beer per
4year and is not a member of or affiliated with, directly or
5indirectly, a manufacturer that produces more than 3,720,000
6gallons of beer per year or any other alcoholic liquor. A class
72 brewer licensee may make sales and deliveries to importing
8distributors and distributors, but shall not make sales or
9deliveries to any other licensee. If the State Commission
10provides prior approval, a class 2 brewer licensee may annually
11transfer up to 3,720,000 gallons of beer manufactured by that
12class 2 brewer licensee to the premises of a licensed class 2
13brewer wholly owned and operated by the same licensee.
14    (a-1) A manufacturer which is licensed in this State to
15make sales or deliveries of alcoholic liquor to licensed
16distributors or importing distributors and which enlists
17agents, representatives, or individuals acting on its behalf
18who contact licensed retailers on a regular and continual basis
19in this State must register those agents, representatives, or
20persons acting on its behalf with the State Commission.
21    Registration of agents, representatives, or persons acting
22on behalf of a manufacturer is fulfilled by submitting a form
23to the Commission. The form shall be developed by the
24Commission and shall include the name and address of the
25applicant, the name and address of the manufacturer he or she
26represents, the territory or areas assigned to sell to or

 

 

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1discuss pricing terms of alcoholic liquor, and any other
2questions deemed appropriate and necessary. All statements in
3the forms required to be made by law or by rule shall be deemed
4material, and any person who knowingly misstates any material
5fact under oath in an application is guilty of a Class B
6misdemeanor. Fraud, misrepresentation, false statements,
7misleading statements, evasions, or suppression of material
8facts in the securing of a registration are grounds for
9suspension or revocation of the registration. The State
10Commission shall post a list of registered agents on the
11Commission's website.
12    (b) A distributor's license shall allow the wholesale
13purchase and storage of alcoholic liquors and sale of alcoholic
14liquors to licensees in this State and to persons without the
15State, as may be permitted by law. No person licensed as a
16distributor shall be granted a non-resident dealer's license.
17    (c) An importing distributor's license may be issued to and
18held by those only who are duly licensed distributors, upon the
19filing of an application by a duly licensed distributor, with
20the Commission and the Commission shall, without the payment of
21any fee, immediately issue such importing distributor's
22license to the applicant, which shall allow the importation of
23alcoholic liquor by the licensee into this State from any point
24in the United States outside this State, and the purchase of
25alcoholic liquor in barrels, casks or other bulk containers and
26the bottling of such alcoholic liquors before resale thereof,

 

 

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1but all bottles or containers so filled shall be sealed,
2labeled, stamped and otherwise made to comply with all
3provisions, rules and regulations governing manufacturers in
4the preparation and bottling of alcoholic liquors. The
5importing distributor's license shall permit such licensee to
6purchase alcoholic liquor from Illinois licensed non-resident
7dealers and foreign importers only. No person licensed as an
8importing distributor shall be granted a non-resident dealer's
9license.
10    (d) A retailer's license shall allow the licensee to sell
11and offer for sale at retail, only in the premises specified in
12the license, alcoholic liquor for use or consumption, but not
13for resale in any form. Nothing in Public Act 95-634 shall
14deny, limit, remove, or restrict the ability of a holder of a
15retailer's license to transfer, deliver, or ship alcoholic
16liquor to the purchaser for use or consumption subject to any
17applicable local law or ordinance. Any retail license issued to
18a manufacturer shall only permit the manufacturer to sell beer
19at retail on the premises actually occupied by the
20manufacturer. For the purpose of further describing the type of
21business conducted at a retail licensed premises, a retailer's
22licensee may be designated by the State Commission as (i) an on
23premise consumption retailer, (ii) an off premise sale
24retailer, or (iii) a combined on premise consumption and off
25premise sale retailer.
26    Notwithstanding any other provision of this subsection

 

 

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1(d), a retail licensee may sell alcoholic liquors to a special
2event retailer licensee for resale to the extent permitted
3under subsection (e).
4    (e) A special event retailer's license (not-for-profit)
5shall permit the licensee to purchase alcoholic liquors from an
6Illinois licensed distributor (unless the licensee purchases
7less than $500 of alcoholic liquors for the special event, in
8which case the licensee may purchase the alcoholic liquors from
9a licensed retailer) and shall allow the licensee to sell and
10offer for sale, at retail, alcoholic liquors for use or
11consumption, but not for resale in any form and only at the
12location and on the specific dates designated for the special
13event in the license. An applicant for a special event retailer
14license must (i) furnish with the application: (A) a resale
15number issued under Section 2c of the Retailers' Occupation Tax
16Act or evidence that the applicant is registered under Section
172a of the Retailers' Occupation Tax Act, (B) a current, valid
18exemption identification number issued under Section 1g of the
19Retailers' Occupation Tax Act, and a certification to the
20Commission that the purchase of alcoholic liquors will be a
21tax-exempt purchase, or (C) a statement that the applicant is
22not registered under Section 2a of the Retailers' Occupation
23Tax Act, does not hold a resale number under Section 2c of the
24Retailers' Occupation Tax Act, and does not hold an exemption
25number under Section 1g of the Retailers' Occupation Tax Act,
26in which event the Commission shall set forth on the special

 

 

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1event retailer's license a statement to that effect; (ii)
2submit with the application proof satisfactory to the State
3Commission that the applicant will provide dram shop liability
4insurance in the maximum limits; and (iii) show proof
5satisfactory to the State Commission that the applicant has
6obtained local authority approval.
7    (f) A railroad license shall permit the licensee to import
8alcoholic liquors into this State from any point in the United
9States outside this State and to store such alcoholic liquors
10in this State; to make wholesale purchases of alcoholic liquors
11directly from manufacturers, foreign importers, distributors
12and importing distributors from within or outside this State;
13and to store such alcoholic liquors in this State; provided
14that the above powers may be exercised only in connection with
15the importation, purchase or storage of alcoholic liquors to be
16sold or dispensed on a club, buffet, lounge or dining car
17operated on an electric, gas or steam railway in this State;
18and provided further, that railroad licensees exercising the
19above powers shall be subject to all provisions of Article VIII
20of this Act as applied to importing distributors. A railroad
21license shall also permit the licensee to sell or dispense
22alcoholic liquors on any club, buffet, lounge or dining car
23operated on an electric, gas or steam railway regularly
24operated by a common carrier in this State, but shall not
25permit the sale for resale of any alcoholic liquors to any
26licensee within this State. A license shall be obtained for

 

 

HB3855 Engrossed- 917 -LRB100 05985 AMC 16014 b

1each car in which such sales are made.
2    (g) A boat license shall allow the sale of alcoholic liquor
3in individual drinks, on any passenger boat regularly operated
4as a common carrier on navigable waters in this State or on any
5riverboat operated under the Riverboat Gambling Act, which boat
6or riverboat maintains a public dining room or restaurant
7thereon.
8    (h) A non-beverage user's license shall allow the licensee
9to purchase alcoholic liquor from a licensed manufacturer or
10importing distributor, without the imposition of any tax upon
11the business of such licensed manufacturer or importing
12distributor as to such alcoholic liquor to be used by such
13licensee solely for the non-beverage purposes set forth in
14subsection (a) of Section 8-1 of this Act, and such licenses
15shall be divided and classified and shall permit the purchase,
16possession and use of limited and stated quantities of
17alcoholic liquor as follows:
18Class 1, not to exceed ......................... 500 gallons
19Class 2, not to exceed ....................... 1,000 gallons
20Class 3, not to exceed ....................... 5,000 gallons
21Class 4, not to exceed ...................... 10,000 gallons
22Class 5, not to exceed ....................... 50,000 gallons
23    (i) A wine-maker's premises license shall allow a licensee
24that concurrently holds a first-class wine-maker's license to
25sell and offer for sale at retail in the premises specified in
26such license not more than 50,000 gallons of the first-class

 

 

HB3855 Engrossed- 918 -LRB100 05985 AMC 16014 b

1wine-maker's wine that is made at the first-class wine-maker's
2licensed premises per year for use or consumption, but not for
3resale in any form. A wine-maker's premises license shall allow
4a licensee who concurrently holds a second-class wine-maker's
5license to sell and offer for sale at retail in the premises
6specified in such license up to 100,000 gallons of the
7second-class wine-maker's wine that is made at the second-class
8wine-maker's licensed premises per year for use or consumption
9but not for resale in any form. A wine-maker's premises license
10shall allow a licensee that concurrently holds a first-class
11wine-maker's license or a second-class wine-maker's license to
12sell and offer for sale at retail at the premises specified in
13the wine-maker's premises license, for use or consumption but
14not for resale in any form, any beer, wine, and spirits
15purchased from a licensed distributor. Upon approval from the
16State Commission, a wine-maker's premises license shall allow
17the licensee to sell and offer for sale at (i) the wine-maker's
18licensed premises and (ii) at up to 2 additional locations for
19use and consumption and not for resale. Each location shall
20require additional licensing per location as specified in
21Section 5-3 of this Act. A wine-maker's premises licensee shall
22secure liquor liability insurance coverage in an amount at
23least equal to the maximum liability amounts set forth in
24subsection (a) of Section 6-21 of this Act.
25    (j) An airplane license shall permit the licensee to import
26alcoholic liquors into this State from any point in the United

 

 

HB3855 Engrossed- 919 -LRB100 05985 AMC 16014 b

1States outside this State and to store such alcoholic liquors
2in this State; to make wholesale purchases of alcoholic liquors
3directly from manufacturers, foreign importers, distributors
4and importing distributors from within or outside this State;
5and to store such alcoholic liquors in this State; provided
6that the above powers may be exercised only in connection with
7the importation, purchase or storage of alcoholic liquors to be
8sold or dispensed on an airplane; and provided further, that
9airplane licensees exercising the above powers shall be subject
10to all provisions of Article VIII of this Act as applied to
11importing distributors. An airplane licensee shall also permit
12the sale or dispensing of alcoholic liquors on any passenger
13airplane regularly operated by a common carrier in this State,
14but shall not permit the sale for resale of any alcoholic
15liquors to any licensee within this State. A single airplane
16license shall be required of an airline company if liquor
17service is provided on board aircraft in this State. The annual
18fee for such license shall be as determined in Section 5-3.
19    (k) A foreign importer's license shall permit such licensee
20to purchase alcoholic liquor from Illinois licensed
21non-resident dealers only, and to import alcoholic liquor other
22than in bulk from any point outside the United States and to
23sell such alcoholic liquor to Illinois licensed importing
24distributors and to no one else in Illinois; provided that (i)
25the foreign importer registers with the State Commission every
26brand of alcoholic liquor that it proposes to sell to Illinois

 

 

HB3855 Engrossed- 920 -LRB100 05985 AMC 16014 b

1licensees during the license period, (ii) the foreign importer
2complies with all of the provisions of Section 6-9 of this Act
3with respect to registration of such Illinois licensees as may
4be granted the right to sell such brands at wholesale, and
5(iii) the foreign importer complies with the provisions of
6Sections 6-5 and 6-6 of this Act to the same extent that these
7provisions apply to manufacturers.
8    (l) (i) A broker's license shall be required of all persons
9who solicit orders for, offer to sell or offer to supply
10alcoholic liquor to retailers in the State of Illinois, or who
11offer to retailers to ship or cause to be shipped or to make
12contact with distillers, rectifiers, brewers or manufacturers
13or any other party within or without the State of Illinois in
14order that alcoholic liquors be shipped to a distributor,
15importing distributor or foreign importer, whether such
16solicitation or offer is consummated within or without the
17State of Illinois.
18    No holder of a retailer's license issued by the Illinois
19Liquor Control Commission shall purchase or receive any
20alcoholic liquor, the order for which was solicited or offered
21for sale to such retailer by a broker unless the broker is the
22holder of a valid broker's license.
23    The broker shall, upon the acceptance by a retailer of the
24broker's solicitation of an order or offer to sell or supply or
25deliver or have delivered alcoholic liquors, promptly forward
26to the Illinois Liquor Control Commission a notification of

 

 

HB3855 Engrossed- 921 -LRB100 05985 AMC 16014 b

1said transaction in such form as the Commission may by
2regulations prescribe.
3    (ii) A broker's license shall be required of a person
4within this State, other than a retail licensee, who, for a fee
5or commission, promotes, solicits, or accepts orders for
6alcoholic liquor, for use or consumption and not for resale, to
7be shipped from this State and delivered to residents outside
8of this State by an express company, common carrier, or
9contract carrier. This Section does not apply to any person who
10promotes, solicits, or accepts orders for wine as specifically
11authorized in Section 6-29 of this Act.
12    A broker's license under this subsection (l) shall not
13entitle the holder to buy or sell any alcoholic liquors for his
14own account or to take or deliver title to such alcoholic
15liquors.
16    This subsection (l) shall not apply to distributors,
17employees of distributors, or employees of a manufacturer who
18has registered the trademark, brand or name of the alcoholic
19liquor pursuant to Section 6-9 of this Act, and who regularly
20sells such alcoholic liquor in the State of Illinois only to
21its registrants thereunder.
22    Any agent, representative, or person subject to
23registration pursuant to subsection (a-1) of this Section shall
24not be eligible to receive a broker's license.
25    (m) A non-resident dealer's license shall permit such
26licensee to ship into and warehouse alcoholic liquor into this

 

 

HB3855 Engrossed- 922 -LRB100 05985 AMC 16014 b

1State from any point outside of this State, and to sell such
2alcoholic liquor to Illinois licensed foreign importers and
3importing distributors and to no one else in this State;
4provided that (i) said non-resident dealer shall register with
5the Illinois Liquor Control Commission each and every brand of
6alcoholic liquor which it proposes to sell to Illinois
7licensees during the license period, (ii) it shall comply with
8all of the provisions of Section 6-9 hereof with respect to
9registration of such Illinois licensees as may be granted the
10right to sell such brands at wholesale, and (iii) the
11non-resident dealer shall comply with the provisions of
12Sections 6-5 and 6-6 of this Act to the same extent that these
13provisions apply to manufacturers. No person licensed as a
14non-resident dealer shall be granted a distributor's or
15importing distributor's license.
16    (n) A brew pub license shall allow the licensee to only (i)
17manufacture up to 155,000 gallons of beer per year only on the
18premises specified in the license, (ii) make sales of the beer
19manufactured on the premises or, with the approval of the
20Commission, beer manufactured on another brew pub licensed
21premises that is wholly owned and operated by the same licensee
22to importing distributors, distributors, and to non-licensees
23for use and consumption, (iii) store the beer upon the
24premises, (iv) sell and offer for sale at retail from the
25licensed premises for off-premises consumption no more than
26155,000 gallons per year so long as such sales are only made

 

 

HB3855 Engrossed- 923 -LRB100 05985 AMC 16014 b

1in-person, (v) sell and offer for sale at retail for use and
2consumption on the premises specified in the license any form
3of alcoholic liquor purchased from a licensed distributor or
4importing distributor, and (vi) with the prior approval of the
5Commission, annually transfer no more than 155,000 gallons of
6beer manufactured on the premises to a licensed brew pub wholly
7owned and operated by the same licensee.
8    A brew pub licensee shall not under any circumstance sell
9or offer for sale beer manufactured by the brew pub licensee to
10retail licensees.
11    A person who holds a class 2 brewer license may
12simultaneously hold a brew pub license if the class 2 brewer
13(i) does not, under any circumstance, sell or offer for sale
14beer manufactured by the class 2 brewer to retail licensees;
15(ii) does not hold more than 3 brew pub licenses in this State;
16(iii) does not manufacture more than a combined 3,720,000
17gallons of beer per year, including the beer manufactured at
18the brew pub; and (iv) is not a member of or affiliated with,
19directly or indirectly, a manufacturer that produces more than
203,720,000 gallons of beer per year or any other alcoholic
21liquor.
22    Notwithstanding any other provision of this Act, a licensed
23brewer, class 2 brewer, or non-resident dealer who before July
241, 2015 manufactured less than 3,720,000 gallons of beer per
25year and held a brew pub license on or before July 1, 2015 may
26(i) continue to qualify for and hold that brew pub license for

 

 

HB3855 Engrossed- 924 -LRB100 05985 AMC 16014 b

1the licensed premises and (ii) manufacture more than 3,720,000
2gallons of beer per year and continue to qualify for and hold
3that brew pub license if that brewer, class 2 brewer, or
4non-resident dealer does not simultaneously hold a class 1
5brewer license and is not a member of or affiliated with,
6directly or indirectly, a manufacturer that produces more than
73,720,000 gallons of beer per year or that produces any other
8alcoholic liquor.
9    (o) A caterer retailer license shall allow the holder to
10serve alcoholic liquors as an incidental part of a food service
11that serves prepared meals which excludes the serving of snacks
12as the primary meal, either on or off-site whether licensed or
13unlicensed.
14    (p) An auction liquor license shall allow the licensee to
15sell and offer for sale at auction wine and spirits for use or
16consumption, or for resale by an Illinois liquor licensee in
17accordance with provisions of this Act. An auction liquor
18license will be issued to a person and it will permit the
19auction liquor licensee to hold the auction anywhere in the
20State. An auction liquor license must be obtained for each
21auction at least 14 days in advance of the auction date.
22    (q) A special use permit license shall allow an Illinois
23licensed retailer to transfer a portion of its alcoholic liquor
24inventory from its retail licensed premises to the premises
25specified in the license hereby created, and to sell or offer
26for sale at retail, only in the premises specified in the

 

 

HB3855 Engrossed- 925 -LRB100 05985 AMC 16014 b

1license hereby created, the transferred alcoholic liquor for
2use or consumption, but not for resale in any form. A special
3use permit license may be granted for the following time
4periods: one day or less; 2 or more days to a maximum of 15 days
5per location in any 12-month 12 month period. An applicant for
6the special use permit license must also submit with the
7application proof satisfactory to the State Commission that the
8applicant will provide dram shop liability insurance to the
9maximum limits and have local authority approval.
10    (r) A winery shipper's license shall allow a person with a
11first-class or second-class wine manufacturer's license, a
12first-class or second-class wine-maker's license, or a limited
13wine manufacturer's license or who is licensed to make wine
14under the laws of another state to ship wine made by that
15licensee directly to a resident of this State who is 21 years
16of age or older for that resident's personal use and not for
17resale. Prior to receiving a winery shipper's license, an
18applicant for the license must provide the Commission with a
19true copy of its current license in any state in which it is
20licensed as a manufacturer of wine. An applicant for a winery
21shipper's license must also complete an application form that
22provides any other information the Commission deems necessary.
23The application form shall include all addresses from which the
24applicant for a winery shipper's license intends to ship wine,
25including the name and address of any third party, except for a
26common carrier, authorized to ship wine on behalf of the

 

 

HB3855 Engrossed- 926 -LRB100 05985 AMC 16014 b

1manufacturer. The application form shall include an
2acknowledgement consenting to the jurisdiction of the
3Commission, the Illinois Department of Revenue, and the courts
4of this State concerning the enforcement of this Act and any
5related laws, rules, and regulations, including authorizing
6the Department of Revenue and the Commission to conduct audits
7for the purpose of ensuring compliance with Public Act 95-634,
8and an acknowledgement that the wine manufacturer is in
9compliance with Section 6-2 of this Act. Any third party,
10except for a common carrier, authorized to ship wine on behalf
11of a first-class or second-class wine manufacturer's licensee,
12a first-class or second-class wine-maker's licensee, a limited
13wine manufacturer's licensee, or a person who is licensed to
14make wine under the laws of another state shall also be
15disclosed by the winery shipper's licensee, and a copy of the
16written appointment of the third-party wine provider, except
17for a common carrier, to the wine manufacturer shall be filed
18with the State Commission as a supplement to the winery
19shipper's license application or any renewal thereof. The
20winery shipper's license holder shall affirm under penalty of
21perjury, as part of the winery shipper's license application or
22renewal, that he or she only ships wine, either directly or
23indirectly through a third-party provider, from the licensee's
24own production.
25    Except for a common carrier, a third-party provider
26shipping wine on behalf of a winery shipper's license holder is

 

 

HB3855 Engrossed- 927 -LRB100 05985 AMC 16014 b

1the agent of the winery shipper's license holder and, as such,
2a winery shipper's license holder is responsible for the acts
3and omissions of the third-party provider acting on behalf of
4the license holder. A third-party provider, except for a common
5carrier, that engages in shipping wine into Illinois on behalf
6of a winery shipper's license holder shall consent to the
7jurisdiction of the State Commission and the State. Any
8third-party, except for a common carrier, holding such an
9appointment shall, by February 1 of each calendar year, file
10with the State Commission a statement detailing each shipment
11made to an Illinois resident. The State Commission shall adopt
12rules as soon as practicable to implement the requirements of
13Public Act 99-904 this amendatory Act of the 99th General
14Assembly and shall adopt rules prohibiting any such third-party
15appointment of a third-party provider, except for a common
16carrier, that has been deemed by the State Commission to have
17violated the provisions of this Act with regard to any winery
18shipper licensee.
19    A winery shipper licensee must pay to the Department of
20Revenue the State liquor gallonage tax under Section 8-1 for
21all wine that is sold by the licensee and shipped to a person
22in this State. For the purposes of Section 8-1, a winery
23shipper licensee shall be taxed in the same manner as a
24manufacturer of wine. A licensee who is not otherwise required
25to register under the Retailers' Occupation Tax Act must
26register under the Use Tax Act to collect and remit use tax to

 

 

HB3855 Engrossed- 928 -LRB100 05985 AMC 16014 b

1the Department of Revenue for all gallons of wine that are sold
2by the licensee and shipped to persons in this State. If a
3licensee fails to remit the tax imposed under this Act in
4accordance with the provisions of Article VIII of this Act, the
5winery shipper's license shall be revoked in accordance with
6the provisions of Article VII of this Act. If a licensee fails
7to properly register and remit tax under the Use Tax Act or the
8Retailers' Occupation Tax Act for all wine that is sold by the
9winery shipper and shipped to persons in this State, the winery
10shipper's license shall be revoked in accordance with the
11provisions of Article VII of this Act.
12    A winery shipper licensee must collect, maintain, and
13submit to the Commission on a semi-annual basis the total
14number of cases per resident of wine shipped to residents of
15this State. A winery shipper licensed under this subsection (r)
16must comply with the requirements of Section 6-29 of this Act.
17    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
18Section 3-12, the State Commission may receive, respond to, and
19investigate any complaint and impose any of the remedies
20specified in paragraph (1) of subsection (a) of Section 3-12.
21    (s) A craft distiller tasting permit license shall allow an
22Illinois licensed craft distiller to transfer a portion of its
23alcoholic liquor inventory from its craft distiller licensed
24premises to the premises specified in the license hereby
25created and to conduct a sampling, only in the premises
26specified in the license hereby created, of the transferred

 

 

HB3855 Engrossed- 929 -LRB100 05985 AMC 16014 b

1alcoholic liquor in accordance with subsection (c) of Section
26-31 of this Act. The transferred alcoholic liquor may not be
3sold or resold in any form. An applicant for the craft
4distiller tasting permit license must also submit with the
5application proof satisfactory to the State Commission that the
6applicant will provide dram shop liability insurance to the
7maximum limits and have local authority approval.
8(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
998-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff.
107-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904,
11eff. 1-1-17; revised 9-15-16.)
 
12    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
13    Sec. 5-3. License fees. Except as otherwise provided
14herein, at the time application is made to the State Commission
15for a license of any class, the applicant shall pay to the
16State Commission the fee hereinafter provided for the kind of
17license applied for.
18    The fee for licenses issued by the State Commission shall
19be as follows:
20    For a manufacturer's license:
21OnlineInitial
22renewallicense
23 or
24 non-online
25 renewal

 

 

HB3855 Engrossed- 930 -LRB100 05985 AMC 16014 b

1    For a manufacturer's license:
2    Class 1. Distiller .................$4,000$5,000
3    Class 2. Rectifier .................4,000 5,000
4    Class 3. Brewer ....................1,200 1,500
5    Class 4. First-class Wine
6        Manufacturer ...................750900
7    Class 5. Second-class
8        Wine Manufacturer ..............1,500 1,750
9    Class 6. First-class wine-maker ....750 900
10    Class 7. Second-class wine-maker ...1,500 1,750
11    Class 8. Limited Wine
12        Manufacturer....................250350
13    Class 9. Craft Distiller............ 2,000 2,500
14    Class 10. Class 1 Brewer............50 75
15    Class 11. Class 2 Brewer............ 75 100
16    For a Brew Pub License..............1,2001,500
17    For a caterer retailer's license....350 500
18    For a foreign importer's license ...25 25
19    For an importing distributor's
20        license.........................2525
21    For a distributor's license
22        (11,250,000 gallons
23        or over)........................1,4502,200
24    For a distributor's license
25        (over 4,500,000 gallons, but
26        under 11,250,000 gallons)....... 9501,450

 

 

HB3855 Engrossed- 931 -LRB100 05985 AMC 16014 b

1    For a distributor's license
2        (4,500,000 gallons or under)....300450
3    For a non-resident dealer's license
4        (500,000 gallons or over) ......1,200 1,500
5    For a non-resident dealer's license
6        (under 500,000 gallons) ........250 350
7    For a wine-maker's premises
8        license ........................250500
9    For a winery shipper's license
10        (under 250,000 gallons).........200 350
11    For a winery shipper's license
12        (250,000 or over, but
13        under 500,000 gallons)..........7501,000
14    For a winery shipper's license
15        (500,000 gallons or over).......1,200 1,500
16    For a wine-maker's premises license,
17        second location ................500 1,000
18    For a wine-maker's premises license,
19        third location .................5001,000
20    For a retailer's license ...........600 750
21    For a special event retailer's
22        license, (not-for-profit) ......25 25
23    For a special use permit license,
24        one day only ...................100 150
25        2 days or more .................150 250
26    For a railroad license .............100 150

 

 

HB3855 Engrossed- 932 -LRB100 05985 AMC 16014 b

1    For a boat license .................500 1,000
2    For an airplane license, times the
3        licensee's maximum number of
4        aircraft in flight, serving
5        liquor over the State at any
6        given time, which either
7        originate, terminate, or make
8        an intermediate stop in
9        the State.......................100150
10    For a non-beverage user's license:
11        Class 1 ........................2424
12        Class 2 ........................6060
13        Class 3 ........................120120
14        Class 4 ........................240240
15        Class 5 ........................600600
16    For a broker's license .............750 1,000
17    For an auction liquor license ......100 150
18    For a homebrewer special
19        event permit....................2525
20    For a craft distiller
21        tasting permit..................25 25
22    For a BASSET trainer license........ 300 350
23    For a tasting representative
24        license.........................200300
25    Fees collected under this Section shall be paid into the
26Dram Shop Fund. On and after July 1, 2003 and until June 30,

 

 

HB3855 Engrossed- 933 -LRB100 05985 AMC 16014 b

12016, of the funds received for a retailer's license, in
2addition to the first $175, an additional $75 shall be paid
3into the Dram Shop Fund, and $250 shall be paid into the
4General Revenue Fund. On and after June 30, 2016, one-half of
5the funds received for a retailer's license shall be paid into
6the Dram Shop Fund and one-half of the funds received for a
7retailer's license shall be paid into the General Revenue Fund.
8Beginning June 30, 1990 and on June 30 of each subsequent year
9through June 29, 2003, any balance over $5,000,000 remaining in
10the Dram Shop Fund shall be credited to State liquor licensees
11and applied against their fees for State liquor licenses for
12the following year. The amount credited to each licensee shall
13be a proportion of the balance in the Dram Fund that is the
14same as the proportion of the license fee paid by the licensee
15under this Section for the period in which the balance was
16accumulated to the aggregate fees paid by all licensees during
17that period.
18    No fee shall be paid for licenses issued by the State
19Commission to the following non-beverage users:
20        (a) Hospitals, sanitariums, or clinics when their use
21    of alcoholic liquor is exclusively medicinal, mechanical
22    or scientific.
23        (b) Universities, colleges of learning or schools when
24    their use of alcoholic liquor is exclusively medicinal,
25    mechanical or scientific.
26        (c) Laboratories when their use is exclusively for the

 

 

HB3855 Engrossed- 934 -LRB100 05985 AMC 16014 b

1    purpose of scientific research.
2(Source: P.A. 98-55, eff. 7-5-13; 99-448, eff. 8-24-15; 99-902,
3eff. 8-26-16; 99-904, eff. 8-26-16; revised 9-13-16.)
 
4    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
5    Sec. 6-4. (a) No person licensed by any licensing authority
6as a distiller, or a wine manufacturer, or any subsidiary or
7affiliate thereof, or any officer, associate, member, partner,
8representative, employee, agent or shareholder owning more
9than 5% of the outstanding shares of such person shall be
10issued an importing distributor's or distributor's license,
11nor shall any person licensed by any licensing authority as an
12importing distributor, distributor or retailer, or any
13subsidiary or affiliate thereof, or any officer or associate,
14member, partner, representative, employee, agent or
15shareholder owning more than 5% of the outstanding shares of
16such person be issued a distiller's license, a craft
17distiller's license, or a wine manufacturer's license; and no
18person or persons licensed as a distiller or craft distiller by
19any licensing authority shall have any interest, directly or
20indirectly, with such distributor or importing distributor.
21    However, an importing distributor or distributor, which on
22January 1, 1985 is owned by a brewer, or any subsidiary or
23affiliate thereof or any officer, associate, member, partner,
24representative, employee, agent or shareholder owning more
25than 5% of the outstanding shares of the importing distributor

 

 

HB3855 Engrossed- 935 -LRB100 05985 AMC 16014 b

1or distributor referred to in this paragraph, may own or
2acquire an ownership interest of more than 5% of the
3outstanding shares of a wine manufacturer and be issued a wine
4manufacturer's license by any licensing authority.
5    (b) The foregoing provisions shall not apply to any person
6licensed by any licensing authority as a distiller or wine
7manufacturer, or to any subsidiary or affiliate of any
8distiller or wine manufacturer who shall have been heretofore
9licensed by the State Commission as either an importing
10distributor or distributor during the annual licensing period
11expiring June 30, 1947, and shall actually have made sales
12regularly to retailers.
13    (c) Provided, however, that in such instances where a
14distributor's or importing distributor's license has been
15issued to any distiller or wine manufacturer or to any
16subsidiary or affiliate of any distiller or wine manufacturer
17who has, during the licensing period ending June 30, 1947, sold
18or distributed as such licensed distributor or importing
19distributor alcoholic liquors and wines to retailers, such
20distiller or wine manufacturer or any subsidiary or affiliate
21of any distiller or wine manufacturer holding such
22distributor's or importing distributor's license may continue
23to sell or distribute to retailers such alcoholic liquors and
24wines which are manufactured, distilled, processed or marketed
25by distillers and wine manufacturers whose products it sold or
26distributed to retailers during the whole or any part of its

 

 

HB3855 Engrossed- 936 -LRB100 05985 AMC 16014 b

1licensing periods; and such additional brands and additional
2products may be added to the line of such distributor or
3importing distributor, provided, that such brands and such
4products were not sold or distributed by any distributor or
5importing distributor licensed by the State Commission during
6the licensing period ending June 30, 1947, but can not sell or
7distribute to retailers any other alcoholic liquors or wines.
8    (d) It shall be unlawful for any distiller licensed
9anywhere to have any stock ownership or interest in any
10distributor's or importing distributor's license wherein any
11other person has an interest therein who is not a distiller and
12does not own more than 5% of any stock in any distillery.
13Nothing herein contained shall apply to such distillers or
14their subsidiaries or affiliates, who had a distributor's or
15importing distributor's license during the licensing period
16ending June 30, 1947, which license was owned in whole by such
17distiller, or subsidiaries or affiliates of such distiller.
18    (e) Any person licensed as a brewer, class 1 brewer, or
19class 2 brewer shall be permitted to sell on the licensed
20premises to non-licensees for on or off-premises consumption
21for the premises in which he or she actually conducts such
22business beer manufactured by the brewer, class 1 brewer, or
23class 2 brewer. Such sales shall be limited to on-premises,
24in-person sales only, for lawful consumption on or off
25premises. Such authorization shall be considered a privilege
26granted by the brewer license and, other than a manufacturer of

 

 

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1beer as stated above, no manufacturer or distributor or
2importing distributor, excluding airplane licensees exercising
3powers provided in paragraph (i) of Section 5-1 of this Act, or
4any subsidiary or affiliate thereof, or any officer, associate,
5member, partner, representative, employee or agent, or
6shareholder shall be issued a retailer's license, nor shall any
7person having a retailer's license, excluding airplane
8licensees exercising powers provided in paragraph (i) of
9Section 5-1 of this Act, or any subsidiary or affiliate
10thereof, or any officer, associate, member, partner,
11representative or agent, or shareholder be issued a
12manufacturer's license or importing distributor's license.
13    A person who holds a class 1 or class 2 brewer license and
14is authorized by this Section to sell beer to non-licensees
15shall not sell beer to non-licensees from more than 3 total
16brewer or commonly owned brew pub licensed locations in this
17State. The class 1 or class 2 brewer shall designate to the
18State Commission the brewer or brew pub locations from which it
19will sell beer to non-licensees.
20    A person licensed as a craft distiller, including a person
21who holds more than one craft distiller license, not affiliated
22with any other person manufacturing spirits may be authorized
23by the Commission to sell up to 2,500 gallons of spirits
24produced by the person to non-licensees for on or off-premises
25consumption for the premises in which he or she actually
26conducts business permitting only the retail sale of spirits

 

 

HB3855 Engrossed- 938 -LRB100 05985 AMC 16014 b

1manufactured at such premises. Such sales shall be limited to
2on-premises, in-person sales only, for lawful consumption on or
3off premises, and such authorization shall be considered a
4privilege granted by the craft distiller license. A craft
5distiller licensed for retail sale shall secure liquor
6liability insurance coverage in an amount at least equal to the
7maximum liability amounts set forth in subsection (a) of
8Section 6-21 of this Act.
9    A craft distiller license holder shall not deliver any
10alcoholic liquor to any non-licensee off the licensed premises.
11A craft distiller shall affirm in its annual craft distiller's
12license application that it does not produce more than 100,000
13gallons of distilled spirits annually and that the craft
14distiller does not sell more than 2,500 gallons of spirits to
15non-licensees for on or off-premises consumption. In the
16application, which shall be sworn under penalty of perjury, the
17craft distiller shall state the volume of production and sales
18for each year since the craft distiller's establishment.
19    (f) (Blank).
20    (g) Notwithstanding any of the foregoing prohibitions, a
21limited wine manufacturer may sell at retail at its
22manufacturing site for on or off premises consumption and may
23sell to distributors. A limited wine manufacturer licensee
24shall secure liquor liability insurance coverage in an amount
25at least equal to the maximum liability amounts set forth in
26subsection (a) of Section 6-21 of this Act.

 

 

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1    (h) The changes made to this Section by Public Act 99-47
2shall not diminish or impair the rights of any person, whether
3a distiller, wine manufacturer, agent, or affiliate thereof,
4who requested in writing and submitted documentation to the
5State Commission on or before February 18, 2015 to be approved
6for a retail license pursuant to what has heretofore been
7subsection (f); provided that, on or before that date, the
8State Commission considered the intent of that person to apply
9for the retail license under that subsection and, by recorded
10vote, the State Commission approved a resolution indicating
11that such a license application could be lawfully approved upon
12that person duly filing a formal application for a retail
13license and if that person, within 90 days of the State
14Commission appearance and recorded vote, first filed an
15application with the appropriate local commission, which
16application was subsequently approved by the appropriate local
17commission prior to consideration by the State Commission of
18that person's application for a retail license. It is further
19provided that the State Commission may approve the person's
20application for a retail license or renewals of such license if
21such person continues to diligently adhere to all
22representations made in writing to the State Commission on or
23before February 18, 2015, or thereafter, or in the affidavit
24filed by that person with the State Commission to support the
25issuance of a retail license and to abide by all applicable
26laws and duly adopted rules.

 

 

HB3855 Engrossed- 940 -LRB100 05985 AMC 16014 b

1(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
299-642, eff. 7-28-16; 99-902, eff. 8-26-16; revised 10-25-16.)
 
3    (235 ILCS 5/6-11)
4    Sec. 6-11. Sale near churches, schools, and hospitals.
5    (a) No license shall be issued for the sale at retail of
6any alcoholic liquor within 100 feet of any church, school
7other than an institution of higher learning, hospital, home
8for aged or indigent persons or for veterans, their spouses or
9children or any military or naval station, provided, that this
10prohibition shall not apply to hotels offering restaurant
11service, regularly organized clubs, or to restaurants, food
12shops or other places where sale of alcoholic liquors is not
13the principal business carried on if the place of business so
14exempted is not located in a municipality of more than 500,000
15persons, unless required by local ordinance; nor to the renewal
16of a license for the sale at retail of alcoholic liquor on
17premises within 100 feet of any church or school where the
18church or school has been established within such 100 feet
19since the issuance of the original license. In the case of a
20church, the distance of 100 feet shall be measured to the
21nearest part of any building used for worship services or
22educational programs and not to property boundaries.
23    (b) Nothing in this Section shall prohibit the issuance of
24a retail license authorizing the sale of alcoholic liquor to a
25restaurant, the primary business of which is the sale of goods

 

 

HB3855 Engrossed- 941 -LRB100 05985 AMC 16014 b

1baked on the premises if (i) the restaurant is newly
2constructed and located on a lot of not less than 10,000 square
3feet, (ii) the restaurant costs at least $1,000,000 to
4construct, (iii) the licensee is the titleholder to the
5premises and resides on the premises, and (iv) the construction
6of the restaurant is completed within 18 months of July 10,
71998 (the effective date of Public Act 90-617).
8    (c) Nothing in this Section shall prohibit the issuance of
9a retail license authorizing the sale of alcoholic liquor
10incidental to a restaurant if (1) the primary business of the
11restaurant consists of the sale of food where the sale of
12liquor is incidental to the sale of food and the applicant is a
13completely new owner of the restaurant, (2) the immediately
14prior owner or operator of the premises where the restaurant is
15located operated the premises as a restaurant and held a valid
16retail license authorizing the sale of alcoholic liquor at the
17restaurant for at least part of the 24 months before the change
18of ownership, and (3) the restaurant is located 75 or more feet
19from a school.
20    (d) In the interest of further developing Illinois' economy
21in the area of commerce, tourism, convention, and banquet
22business, nothing in this Section shall prohibit issuance of a
23retail license authorizing the sale of alcoholic beverages to a
24restaurant, banquet facility, grocery store, or hotel having
25not fewer than 150 guest room accommodations located in a
26municipality of more than 500,000 persons, notwithstanding the

 

 

HB3855 Engrossed- 942 -LRB100 05985 AMC 16014 b

1proximity of such hotel, restaurant, banquet facility, or
2grocery store to any church or school, if the licensed premises
3described on the license are located within an enclosed mall or
4building of a height of at least 6 stories, or 60 feet in the
5case of a building that has been registered as a national
6landmark, or in a grocery store having a minimum of 56,010
7square feet of floor space in a single story building in an
8open mall of at least 3.96 acres that is adjacent to a public
9school that opened as a boys technical high school in 1934, or
10in a grocery store having a minimum of 31,000 square feet of
11floor space in a single story building located a distance of
12more than 90 feet but less than 100 feet from a high school
13that opened in 1928 as a junior high school and became a senior
14high school in 1933, and in each of these cases if the sale of
15alcoholic liquors is not the principal business carried on by
16the licensee.
17    For purposes of this Section, a "banquet facility" is any
18part of a building that caters to private parties and where the
19sale of alcoholic liquors is not the principal business.
20    (e) Nothing in this Section shall prohibit the issuance of
21a license to a church or private school to sell at retail
22alcoholic liquor if any such sales are limited to periods when
23groups are assembled on the premises solely for the promotion
24of some common object other than the sale or consumption of
25alcoholic liquors.
26    (f) Nothing in this Section shall prohibit a church or

 

 

HB3855 Engrossed- 943 -LRB100 05985 AMC 16014 b

1church affiliated school located in a home rule municipality or
2in a municipality with 75,000 or more inhabitants from locating
3within 100 feet of a property for which there is a preexisting
4license to sell alcoholic liquor at retail. In these instances,
5the local zoning authority may, by ordinance adopted
6simultaneously with the granting of an initial special use
7zoning permit for the church or church affiliated school,
8provide that the 100-foot restriction in this Section shall not
9apply to that church or church affiliated school and future
10retail liquor licenses.
11    (g) Nothing in this Section shall prohibit the issuance of
12a retail license authorizing the sale of alcoholic liquor at
13premises within 100 feet, but not less than 90 feet, of a
14public school if (1) the premises have been continuously
15licensed to sell alcoholic liquor for a period of at least 50
16years, (2) the premises are located in a municipality having a
17population of over 500,000 inhabitants, (3) the licensee is an
18individual who is a member of a family that has held the
19previous 3 licenses for that location for more than 25 years,
20(4) the principal of the school and the alderman of the ward in
21which the school is located have delivered a written statement
22to the local liquor control commissioner stating that they do
23not object to the issuance of a license under this subsection
24(g), and (5) the local liquor control commissioner has received
25the written consent of a majority of the registered voters who
26live within 200 feet of the premises.

 

 

HB3855 Engrossed- 944 -LRB100 05985 AMC 16014 b

1    (h) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor within premises and at an outdoor patio area attached to
5premises that are located in a municipality with a population
6in excess of 300,000 inhabitants and that are within 100 feet
7of a church if:
8        (1) the sale of alcoholic liquor at the premises is
9    incidental to the sale of food,
10        (2) the sale of liquor is not the principal business
11    carried on by the licensee at the premises,
12        (3) the premises are less than 1,000 square feet,
13        (4) the premises are owned by the University of
14    Illinois,
15        (5) the premises are immediately adjacent to property
16    owned by a church and are not less than 20 nor more than 40
17    feet from the church space used for worship services, and
18        (6) the principal religious leader at the place of
19    worship has indicated his or her support for the issuance
20    of the license in writing.
21    (i) Notwithstanding any provision in this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license to sell alcoholic liquor at a premises
24that is located within a municipality with a population in
25excess of 300,000 inhabitants and is within 100 feet of a
26church, synagogue, or other place of worship if:

 

 

HB3855 Engrossed- 945 -LRB100 05985 AMC 16014 b

1        (1) the primary entrance of the premises and the
2    primary entrance of the church, synagogue, or other place
3    of worship are at least 100 feet apart, on parallel
4    streets, and separated by an alley; and
5        (2) the principal religious leader at the place of
6    worship has not indicated his or her opposition to the
7    issuance or renewal of the license in writing.
8    (j) Notwithstanding any provision in this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10of a retail license authorizing the sale of alcoholic liquor at
11a theater that is within 100 feet of a church if (1) the church
12owns the theater, (2) the church leases the theater to one or
13more entities, and (3) the theater is used by at least 5
14different not-for-profit theater groups.
15    (k) Notwithstanding any provision in this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at a premises that is located within a municipality with
19a population in excess of 1,000,000 inhabitants and is within
20100 feet of a school if:
21        (1) the primary entrance of the premises and the
22    primary entrance of the school are parallel, on different
23    streets, and separated by an alley;
24        (2) the southeast corner of the premises are at least
25    350 feet from the southwest corner of the school;
26        (3) the school was built in 1978;

 

 

HB3855 Engrossed- 946 -LRB100 05985 AMC 16014 b

1        (4) the sale of alcoholic liquor at the premises is
2    incidental to the sale of food;
3        (5) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (6) the applicant is the owner of the restaurant and
6    has held a valid license authorizing the sale of alcoholic
7    liquor for the business to be conducted on the premises at
8    a different location for more than 7 years; and
9        (7) the premises is at least 2,300 square feet and sits
10    on a lot that is between 6,100 and 6,150 square feet.
11    (l) Notwithstanding any provision in this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at a premises that is located within a municipality with
15a population in excess of 1,000,000 inhabitants and is within
16100 feet of a church or school if:
17        (1) the primary entrance of the premises and the
18    closest entrance of the church or school is at least 90
19    feet apart and no greater than 95 feet apart;
20        (2) the shortest distance between the premises and the
21    church or school is at least 80 feet apart and no greater
22    than 85 feet apart;
23        (3) the applicant is the owner of the restaurant and on
24    November 15, 2006 held a valid license authorizing the sale
25    of alcoholic liquor for the business to be conducted on the
26    premises for at least 14 different locations;

 

 

HB3855 Engrossed- 947 -LRB100 05985 AMC 16014 b

1        (4) the sale of alcoholic liquor at the premises is
2    incidental to the sale of food;
3        (5) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (6) the premises is at least 3,200 square feet and sits
6    on a lot that is between 7,150 and 7,200 square feet; and
7        (7) the principal religious leader at the place of
8    worship has not indicated his or her opposition to the
9    issuance or renewal of the license in writing.
10    (m) Notwithstanding any provision in this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at a premises that is located within a municipality with
14a population in excess of 1,000,000 inhabitants and is within
15100 feet of a church if:
16        (1) the premises and the church are perpendicular, and
17    the primary entrance of the premises faces South while the
18    primary entrance of the church faces West and the distance
19    between the two entrances is more than 100 feet;
20        (2) the shortest distance between the premises lot line
21    and the exterior wall of the church is at least 80 feet;
22        (3) the church was established at the current location
23    in 1916 and the present structure was erected in 1925;
24        (4) the premises is a single story, single use building
25    with at least 1,750 square feet and no more than 2,000
26    square feet;

 

 

HB3855 Engrossed- 948 -LRB100 05985 AMC 16014 b

1        (5) the sale of alcoholic liquor at the premises is
2    incidental to the sale of food;
3        (6) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises; and
5        (7) the principal religious leader at the place of
6    worship has not indicated his or her opposition to the
7    issuance or renewal of the license in writing.
8    (n) Notwithstanding any provision in this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at a premises that is located within a municipality with
12a population in excess of 1,000,000 inhabitants and is within
13100 feet of a school if:
14        (1) the school is a City of Chicago School District 299
15    school;
16        (2) the school is located within subarea E of City of
17    Chicago Residential Business Planned Development Number
18    70;
19        (3) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee on the premises;
21        (4) the sale of alcoholic liquor at the premises is
22    incidental to the sale of food; and
23        (5) the administration of City of Chicago School
24    District 299 has expressed, in writing, its support for the
25    issuance of the license.
26    (o) Notwithstanding any provision of this Section to the

 

 

HB3855 Engrossed- 949 -LRB100 05985 AMC 16014 b

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a retail license authorizing the sale of
3alcoholic liquor at a premises that is located within a
4municipality in excess of 1,000,000 inhabitants and within 100
5feet of a church if:
6        (1) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food;
8        (2) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises;
10        (3) the premises is located on a street that runs
11    perpendicular to the street on which the church is located;
12        (4) the primary entrance of the premises is at least
13    100 feet from the primary entrance of the church;
14        (5) the shortest distance between any part of the
15    premises and any part of the church is at least 60 feet;
16        (6) the premises is between 3,600 and 4,000 square feet
17    and sits on a lot that is between 3,600 and 4,000 square
18    feet; and
19        (7) the premises was built in the year 1909.
20    For purposes of this subsection (o), "premises" means a
21place of business together with a privately owned outdoor
22location that is adjacent to the place of business.
23    (p) Notwithstanding any provision in this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at a premises that is located within a municipality with

 

 

HB3855 Engrossed- 950 -LRB100 05985 AMC 16014 b

1a population in excess of 1,000,000 inhabitants and within 100
2feet of a church if:
3        (1) the shortest distance between the backdoor of the
4    premises, which is used as an emergency exit, and the
5    church is at least 80 feet;
6        (2) the church was established at the current location
7    in 1889; and
8        (3) liquor has been sold on the premises since at least
9    1985.
10    (q) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor within a premises that is located in a municipality with
14a population in excess of 1,000,000 inhabitants and within 100
15feet of a church-owned property if:
16        (1) the premises is located within a larger building
17    operated as a grocery store;
18        (2) the area of the premises does not exceed 720 square
19    feet and the area of the larger building exceeds 18,000
20    square feet;
21        (3) the larger building containing the premises is
22    within 100 feet of the nearest property line of a
23    church-owned property on which a church-affiliated school
24    is located;
25        (4) the sale of liquor is not the principal business
26    carried on within the larger building;

 

 

HB3855 Engrossed- 951 -LRB100 05985 AMC 16014 b

1        (5) the primary entrance of the larger building and the
2    premises and the primary entrance of the church-affiliated
3    school are on different, parallel streets, and the distance
4    between the 2 primary entrances is more than 100 feet;
5        (6) the larger building is separated from the
6    church-owned property and church-affiliated school by an
7    alley;
8        (7) the larger building containing the premises and the
9    church building front are on perpendicular streets and are
10    separated by a street; and
11        (8) (Blank).
12    (r) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance,
14renewal, or maintenance of a license authorizing the sale of
15alcoholic liquor incidental to the sale of food within a
16restaurant established in a premises that is located in a
17municipality with a population in excess of 1,000,000
18inhabitants and within 100 feet of a church if:
19        (1) the primary entrance of the church and the primary
20    entrance of the restaurant are at least 100 feet apart;
21        (2) the restaurant has operated on the ground floor and
22    lower level of a multi-story, multi-use building for more
23    than 40 years;
24        (3) the primary business of the restaurant consists of
25    the sale of food where the sale of liquor is incidental to
26    the sale of food;

 

 

HB3855 Engrossed- 952 -LRB100 05985 AMC 16014 b

1        (4) the sale of alcoholic liquor is conducted primarily
2    in the below-grade level of the restaurant to which the
3    only public access is by a staircase located inside the
4    restaurant; and
5        (5) the restaurant has held a license authorizing the
6    sale of alcoholic liquor on the premises for more than 40
7    years.
8    (s) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit renewal of a
10license authorizing the sale of alcoholic liquor at a premises
11that is located within a municipality with a population more
12than 5,000 and less than 10,000 and is within 100 feet of a
13church if:
14        (1) the church was established at the location within
15    100 feet of the premises after a license for the sale of
16    alcoholic liquor at the premises was first issued;
17        (2) a license for sale of alcoholic liquor at the
18    premises was first issued before January 1, 2007; and
19        (3) a license for the sale of alcoholic liquor on the
20    premises has been continuously in effect since January 1,
21    2007, except for interruptions between licenses of no more
22    than 90 days.
23    (t) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor incidental to the sale of food within a restaurant that

 

 

HB3855 Engrossed- 953 -LRB100 05985 AMC 16014 b

1is established in a premises that is located in a municipality
2with a population in excess of 1,000,000 inhabitants and within
3100 feet of a school and a church if:
4        (1) the restaurant is located inside a five-story
5    building with over 16,800 square feet of commercial space;
6        (2) the area of the premises does not exceed 31,050
7    square feet;
8        (3) the area of the restaurant does not exceed 5,800
9    square feet;
10        (4) the building has no less than 78 condominium units;
11        (5) the construction of the building in which the
12    restaurant is located was completed in 2006;
13        (6) the building has 10 storefront properties, 3 of
14    which are used for the restaurant;
15        (7) the restaurant will open for business in 2010;
16        (8) the building is north of the school and separated
17    by an alley; and
18        (9) the principal religious leader of the church and
19    either the alderman of the ward in which the school is
20    located or the principal of the school have delivered a
21    written statement to the local liquor control commissioner
22    stating that he or she does not object to the issuance of a
23    license under this subsection (t).
24    (u) Notwithstanding any provision in this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license to sell alcoholic liquor at a premises

 

 

HB3855 Engrossed- 954 -LRB100 05985 AMC 16014 b

1that is located within a municipality with a population in
2excess of 1,000,000 inhabitants and within 100 feet of a school
3if:
4        (1) the premises operates as a restaurant and has been
5    in operation since February 2008;
6        (2) the applicant is the owner of the premises;
7        (3) the sale of alcoholic liquor is incidental to the
8    sale of food;
9        (4) the sale of alcoholic liquor is not the principal
10    business carried on by the licensee on the premises;
11        (5) the premises occupy the first floor of a 3-story
12    building that is at least 90 years old;
13        (6) the rear lot of the school and the rear corner of
14    the building that the premises occupy are separated by an
15    alley;
16        (7) the distance from the southwest corner of the
17    property line of the school and the northeast corner of the
18    building that the premises occupy is at least 16 feet, 5
19    inches;
20        (8) the distance from the rear door of the premises to
21    the southwest corner of the property line of the school is
22    at least 93 feet;
23        (9) the school is a City of Chicago School District 299
24    school;
25        (10) the school's main structure was erected in 1902
26    and an addition was built to the main structure in 1959;

 

 

HB3855 Engrossed- 955 -LRB100 05985 AMC 16014 b

1    and
2        (11) the principal of the school and the alderman in
3    whose district the premises are located have expressed, in
4    writing, their support for the issuance of the license.
5    (v) Notwithstanding any provision in this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at a premises that is located within a municipality with
9a population in excess of 1,000,000 inhabitants and is within
10100 feet of a school if:
11        (1) the total land area of the premises for which the
12    license or renewal is sought is more than 600,000 square
13    feet;
14        (2) the premises for which the license or renewal is
15    sought has more than 600 parking stalls;
16        (3) the total area of all buildings on the premises for
17    which the license or renewal is sought exceeds 140,000
18    square feet;
19        (4) the property line of the premises for which the
20    license or renewal is sought is separated from the property
21    line of the school by a street;
22        (5) the distance from the school's property line to the
23    property line of the premises for which the license or
24    renewal is sought is at least 60 feet;
25        (6) as of June 14, 2011 (the effective date of Public
26    Act 97-9), the premises for which the license or renewal is

 

 

HB3855 Engrossed- 956 -LRB100 05985 AMC 16014 b

1    sought is located in the Illinois Medical District.
2    (w) Notwithstanding any provision in this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license to sell alcoholic liquor at a premises
5that is located within a municipality with a population in
6excess of 1,000,000 inhabitants and within 100 feet of a church
7if:
8        (1) the sale of alcoholic liquor at the premises is
9    incidental to the sale of food;
10        (2) the sale of alcoholic liquor is not the principal
11    business carried on by the licensee at the premises;
12        (3) the premises occupy the first floor and basement of
13    a 2-story building that is 106 years old;
14        (4) the premises is at least 7,000 square feet and
15    located on a lot that is at least 11,000 square feet;
16        (5) the premises is located directly west of the
17    church, on perpendicular streets, and separated by an
18    alley;
19        (6) the distance between the property line of the
20    premises and the property line of the church is at least 20
21    feet;
22        (7) the distance between the primary entrance of the
23    premises and the primary entrance of the church is at least
24    130 feet; and
25        (8) the church has been at its location for at least 40
26    years.

 

 

HB3855 Engrossed- 957 -LRB100 05985 AMC 16014 b

1    (x) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at a premises that is located within a municipality with
5a population in excess of 1,000,000 inhabitants and within 100
6feet of a church if:
7        (1) the sale of alcoholic liquor is not the principal
8    business carried on by the licensee at the premises;
9        (2) the church has been operating in its current
10    location since 1973;
11        (3) the premises has been operating in its current
12    location since 1988;
13        (4) the church and the premises are owned by the same
14    parish;
15        (5) the premises is used for cultural and educational
16    purposes;
17        (6) the primary entrance to the premises and the
18    primary entrance to the church are located on the same
19    street;
20        (7) the principal religious leader of the church has
21    indicated his support of the issuance of the license;
22        (8) the premises is a 2-story building of approximately
23    23,000 square feet; and
24        (9) the premises houses a ballroom on its ground floor
25    of approximately 5,000 square feet.
26    (y) Notwithstanding any provision of this Section to the

 

 

HB3855 Engrossed- 958 -LRB100 05985 AMC 16014 b

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at a premises that is located within a municipality with
4a population in excess of 1,000,000 inhabitants and within 100
5feet of a school if:
6        (1) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (2) the sale of alcoholic liquor at the premises is
9    incidental to the sale of food;
10        (3) according to the municipality, the distance
11    between the east property line of the premises and the west
12    property line of the school is 97.8 feet;
13        (4) the school is a City of Chicago School District 299
14    school;
15        (5) the school has been operating since 1959;
16        (6) the primary entrance to the premises and the
17    primary entrance to the school are located on the same
18    street;
19        (7) the street on which the entrances of the premises
20    and the school are located is a major diagonal
21    thoroughfare;
22        (8) the premises is a single-story building of
23    approximately 2,900 square feet; and
24        (9) the premises is used for commercial purposes only.
25    (z) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

HB3855 Engrossed- 959 -LRB100 05985 AMC 16014 b

1or renewal of a license authorizing the sale of alcoholic
2liquor at a premises that is located within a municipality with
3a population in excess of 1,000,000 inhabitants and within 100
4feet of a mosque if:
5        (1) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee at the premises;
7        (2) the licensee shall only sell packaged liquors at
8    the premises;
9        (3) the licensee is a national retail chain having over
10    100 locations within the municipality;
11        (4) the licensee has over 8,000 locations nationwide;
12        (5) the licensee has locations in all 50 states;
13        (6) the premises is located in the North-East quadrant
14    of the municipality;
15        (7) the premises is a free-standing building that has
16    "drive-through" pharmacy service;
17        (8) the premises has approximately 14,490 square feet
18    of retail space;
19        (9) the premises has approximately 799 square feet of
20    pharmacy space;
21        (10) the premises is located on a major arterial street
22    that runs east-west and accepts truck traffic; and
23        (11) the alderman of the ward in which the premises is
24    located has expressed, in writing, his or her support for
25    the issuance of the license.
26    (aa) Notwithstanding any provision of this Section to the

 

 

HB3855 Engrossed- 960 -LRB100 05985 AMC 16014 b

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at a premises that is located within a municipality with
4a population in excess of 1,000,000 inhabitants and within 100
5feet of a church if:
6        (1) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (2) the licensee shall only sell packaged liquors at
9    the premises;
10        (3) the licensee is a national retail chain having over
11    100 locations within the municipality;
12        (4) the licensee has over 8,000 locations nationwide;
13        (5) the licensee has locations in all 50 states;
14        (6) the premises is located in the North-East quadrant
15    of the municipality;
16        (7) the premises is located across the street from a
17    national grocery chain outlet;
18        (8) the premises has approximately 16,148 square feet
19    of retail space;
20        (9) the premises has approximately 992 square feet of
21    pharmacy space;
22        (10) the premises is located on a major arterial street
23    that runs north-south and accepts truck traffic; and
24        (11) the alderman of the ward in which the premises is
25    located has expressed, in writing, his or her support for
26    the issuance of the license.

 

 

HB3855 Engrossed- 961 -LRB100 05985 AMC 16014 b

1    (bb) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at a premises that is located within a municipality with
5a population in excess of 1,000,000 inhabitants and within 100
6feet of a church if:
7        (1) the sale of alcoholic liquor is not the principal
8    business carried on by the licensee at the premises;
9        (2) the sale of alcoholic liquor at the premises is
10    incidental to the sale of food;
11        (3) the primary entrance to the premises and the
12    primary entrance to the church are located on the same
13    street;
14        (4) the premises is across the street from the church;
15        (5) the street on which the premises and the church are
16    located is a major arterial street that runs east-west;
17        (6) the church is an elder-led and Bible-based Assyrian
18    church;
19        (7) the premises and the church are both single-story
20    buildings;
21        (8) the storefront directly west of the church is being
22    used as a restaurant; and
23        (9) the distance between the northern-most property
24    line of the premises and the southern-most property line of
25    the church is 65 feet.
26    (cc) Notwithstanding any provision of this Section to the

 

 

HB3855 Engrossed- 962 -LRB100 05985 AMC 16014 b

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at a premises that is located within a municipality with
4a population in excess of 1,000,000 inhabitants and within 100
5feet of a school if:
6        (1) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (2) the licensee shall only sell packaged liquors at
9    the premises;
10        (3) the licensee is a national retail chain;
11        (4) as of October 25, 2011, the licensee has 1,767
12    stores operating nationwide, 87 stores operating in the
13    State, and 10 stores operating within the municipality;
14        (5) the licensee shall occupy approximately 124,000
15    square feet of space in the basement and first and second
16    floors of a building located across the street from a
17    school;
18        (6) the school opened in August of 2009 and occupies
19    approximately 67,000 square feet of space; and
20        (7) the building in which the premises shall be located
21    has been listed on the National Register of Historic Places
22    since April 17, 1970.
23    (dd) Notwithstanding any provision in this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor within a full-service grocery store at a premises that

 

 

HB3855 Engrossed- 963 -LRB100 05985 AMC 16014 b

1is located within a municipality with a population in excess of
21,000,000 inhabitants and is within 100 feet of a school if:
3        (1) the premises is constructed on land that was
4    purchased from the municipality at a fair market price;
5        (2) the premises is constructed on land that was
6    previously used as a parking facility for public safety
7    employees;
8        (3) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises;
10        (4) the main entrance to the store is more than 100
11    feet from the main entrance to the school;
12        (5) the premises is to be new construction;
13        (6) the school is a private school;
14        (7) the principal of the school has given written
15    approval for the license;
16        (8) the alderman of the ward where the premises is
17    located has given written approval of the issuance of the
18    license;
19        (9) the grocery store level of the premises is between
20    60,000 and 70,000 square feet; and
21        (10) the owner and operator of the grocery store
22    operates 2 other grocery stores that have alcoholic liquor
23    licenses within the same municipality.
24    (ee) Notwithstanding any provision in this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

HB3855 Engrossed- 964 -LRB100 05985 AMC 16014 b

1liquor within a full-service grocery store at a premises that
2is located within a municipality with a population in excess of
31,000,000 inhabitants and is within 100 feet of a school if:
4        (1) the premises is constructed on land that once
5    contained an industrial steel facility;
6        (2) the premises is located on land that has undergone
7    environmental remediation;
8        (3) the premises is located within a retail complex
9    containing retail stores where some of the stores sell
10    alcoholic beverages;
11        (4) the principal activity of any restaurant in the
12    retail complex is the sale of food, and the sale of
13    alcoholic liquor is incidental to the sale of food;
14        (5) the sale of alcoholic liquor is not the principal
15    business carried on by the grocery store;
16        (6) the entrance to any business that sells alcoholic
17    liquor is more than 100 feet from the entrance to the
18    school;
19        (7) the alderman of the ward where the premises is
20    located has given written approval of the issuance of the
21    license; and
22        (8) the principal of the school has given written
23    consent to the issuance of the license.
24    (ff) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

HB3855 Engrossed- 965 -LRB100 05985 AMC 16014 b

1liquor at a premises that is located within a municipality with
2a population in excess of 1,000,000 inhabitants and within 100
3feet of a school if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on at the premises;
6        (2) the sale of alcoholic liquor at the premises is
7    incidental to the operation of a theater;
8        (3) the premises is a one and one-half-story building
9    of approximately 10,000 square feet;
10        (4) the school is a City of Chicago School District 299
11    school;
12        (5) the primary entrance of the premises and the
13    primary entrance of the school are at least 300 feet apart
14    and no more than 400 feet apart;
15        (6) the alderman of the ward in which the premises is
16    located has expressed, in writing, his support for the
17    issuance of the license; and
18        (7) the principal of the school has expressed, in
19    writing, that there is no objection to the issuance of a
20    license under this subsection (ff).
21    (gg) Notwithstanding any provision of this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor incidental to the sale of food within a restaurant or
25banquet facility established in a premises that is located in a
26municipality with a population in excess of 1,000,000

 

 

HB3855 Engrossed- 966 -LRB100 05985 AMC 16014 b

1inhabitants and within 100 feet of a church if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried on by the licensee at the premises;
4        (2) the property on which the church is located and the
5    property on which the premises are located are both within
6    a district originally listed on the National Register of
7    Historic Places on February 14, 1979;
8        (3) the property on which the premises are located
9    contains one or more multi-story buildings that are at
10    least 95 years old and have no more than three stories;
11        (4) the building in which the church is located is at
12    least 120 years old;
13        (5) the property on which the church is located is
14    immediately adjacent to and west of the property on which
15    the premises are located;
16        (6) the western boundary of the property on which the
17    premises are located is no less than 118 feet in length and
18    no more than 122 feet in length;
19        (7) as of December 31, 2012, both the church property
20    and the property on which the premises are located are
21    within 250 feet of City of Chicago Business-Residential
22    Planned Development Number 38;
23        (8) the principal religious leader at the place of
24    worship has indicated his or her support for the issuance
25    of the license in writing; and
26        (9) the alderman in whose district the premises are

 

 

HB3855 Engrossed- 967 -LRB100 05985 AMC 16014 b

1    located has expressed his or her support for the issuance
2    of the license in writing.
3    For the purposes of this subsection, "banquet facility"
4means the part of the building that is located on the floor
5above a restaurant and caters to private parties and where the
6sale of alcoholic liquors is not the principal business.
7    (hh) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor within a hotel and at an outdoor patio area attached to
11the hotel that are located in a municipality with a population
12in excess of 1,000,000 inhabitants and that are within 100 feet
13of a hospital if:
14        (1) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the hotel;
16        (2) the hotel is located within the City of Chicago
17    Business Planned Development Number 468; and
18        (3) the hospital is located within the City of Chicago
19    Institutional Planned Development Number 3.
20    (ii) Notwithstanding any provision of this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor within a restaurant and at an outdoor patio area
24attached to the restaurant that are located in a municipality
25with a population in excess of 1,000,000 inhabitants and that
26are within 100 feet of a church if:

 

 

HB3855 Engrossed- 968 -LRB100 05985 AMC 16014 b

1        (1) the sale of alcoholic liquor at the premises is not
2    the principal business carried on by the licensee and is
3    incidental to the sale of food;
4        (2) the restaurant has been operated on the street
5    level of a 2-story building located on a corner lot since
6    2008;
7        (3) the restaurant is between 3,700 and 4,000 square
8    feet and sits on a lot that is no more than 6,200 square
9    feet;
10        (4) the primary entrance to the restaurant and the
11    primary entrance to the church are located on the same
12    street;
13        (5) the street on which the restaurant and the church
14    are located is a major east-west street;
15        (6) the restaurant and the church are separated by a
16    one-way northbound street;
17        (7) the church is located to the west of and no more
18    than 65 feet from the restaurant; and
19        (8) the principal religious leader at the place of
20    worship has indicated his or her consent to the issuance of
21    the license in writing.
22    (jj) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at premises located within a municipality with a
26population in excess of 1,000,000 inhabitants and within 100

 

 

HB3855 Engrossed- 969 -LRB100 05985 AMC 16014 b

1feet of a church if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried on by the licensee at the premises;
4        (2) the sale of alcoholic liquor is incidental to the
5    sale of food;
6        (3) the premises are located east of the church, on
7    perpendicular streets, and separated by an alley;
8        (4) the distance between the primary entrance of the
9    premises and the primary entrance of the church is at least
10    175 feet;
11        (5) the distance between the property line of the
12    premises and the property line of the church is at least 40
13    feet;
14        (6) the licensee has been operating at the premises
15    since 2012;
16        (7) the church was constructed in 1904;
17        (8) the alderman of the ward in which the premises is
18    located has expressed, in writing, his or her support for
19    the issuance of the license; and
20        (9) the principal religious leader of the church has
21    delivered a written statement that he or she does not
22    object to the issuance of a license under this subsection
23    (jj).
24    (kk) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

HB3855 Engrossed- 970 -LRB100 05985 AMC 16014 b

1liquor at a premises that is located within a municipality with
2a population in excess of 1,000,000 inhabitants and within 100
3feet of a school if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the licensee shall only sell packaged liquors on
7    the premises;
8        (3) the licensee is a national retail chain;
9        (4) as of February 27, 2013, the licensee had 1,778
10    stores operating nationwide, 89 operating in this State,
11    and 11 stores operating within the municipality;
12        (5) the licensee shall occupy approximately 169,048
13    square feet of space within a building that is located
14    across the street from a tuition-based preschool; and
15        (6) the alderman of the ward in which the premises is
16    located has expressed, in writing, his or her support for
17    the issuance of the license.
18    (ll) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at a premises that is located within a municipality with
22a population in excess of 1,000,000 inhabitants and within 100
23feet of a school if:
24        (1) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee at the premises;
26        (2) the licensee shall only sell packaged liquors on

 

 

HB3855 Engrossed- 971 -LRB100 05985 AMC 16014 b

1    the premises;
2        (3) the licensee is a national retail chain;
3        (4) as of February 27, 2013, the licensee had 1,778
4    stores operating nationwide, 89 operating in this State,
5    and 11 stores operating within the municipality;
6        (5) the licensee shall occupy approximately 191,535
7    square feet of space within a building that is located
8    across the street from an elementary school; and
9        (6) the alderman of the ward in which the premises is
10    located has expressed, in writing, his or her support for
11    the issuance of the license.
12    (mm) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor within premises and at an outdoor patio or sidewalk
16cafe, or both, attached to premises that are located in a
17municipality with a population in excess of 1,000,000
18inhabitants and that are within 100 feet of a hospital if:
19        (1) the primary business of the restaurant consists of
20    the sale of food where the sale of liquor is incidental to
21    the sale of food;
22        (2) as a restaurant, the premises may or may not offer
23    catering as an incidental part of food service;
24        (3) the primary business of the restaurant is conducted
25    in space owned by a hospital or an entity owned or
26    controlled by, under common control with, or that controls

 

 

HB3855 Engrossed- 972 -LRB100 05985 AMC 16014 b

1    a hospital, and the chief hospital administrator has
2    expressed his or her support for the issuance of the
3    license in writing; and
4        (4) the hospital is an adult acute care facility
5    primarily located within the City of Chicago Institutional
6    Planned Development Number 3.
7    (nn) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor at a premises that is located within a municipality with
11a population in excess of 1,000,000 inhabitants and within 100
12feet of a church if:
13        (1) the sale of alcoholic liquor is not the principal
14    business carried out on the premises;
15        (2) the sale of alcoholic liquor at the premises is
16    incidental to the operation of a theater;
17        (3) the premises are a building that was constructed in
18    1913 and opened on May 24, 1915 as a vaudeville theater,
19    and the premises were converted to a motion picture theater
20    in 1935;
21        (4) the church was constructed in 1889 with a stone
22    exterior;
23        (5) the primary entrance of the premises and the
24    primary entrance of the church are at least 100 feet apart;
25    and
26        (6) the principal religious leader at the place of

 

 

HB3855 Engrossed- 973 -LRB100 05985 AMC 16014 b

1    worship has indicated his or her consent to the issuance of
2    the license in writing; and
3        (7) the alderman in whose ward the premises are located
4    has expressed his or her support for the issuance of the
5    license in writing.
6    (oo) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at a premises that is located within a municipality with
10a population in excess of 1,000,000 inhabitants and within 100
11feet of a mosque, church, or other place of worship if:
12        (1) the primary entrance of the premises and the
13    primary entrance of the mosque, church, or other place of
14    worship are perpendicular and are on different streets;
15        (2) the primary entrance to the premises faces West and
16    the primary entrance to the mosque, church, or other place
17    of worship faces South;
18        (3) the distance between the 2 primary entrances is at
19    least 100 feet;
20        (4) the mosque, church, or other place of worship was
21    established in a location within 100 feet of the premises
22    after a license for the sale of alcohol at the premises was
23    first issued;
24        (5) the mosque, church, or other place of worship was
25    established on or around January 1, 2011;
26        (6) a license for the sale of alcohol at the premises

 

 

HB3855 Engrossed- 974 -LRB100 05985 AMC 16014 b

1    was first issued on or before January 1, 1985;
2        (7) a license for the sale of alcohol at the premises
3    has been continuously in effect since January 1, 1985,
4    except for interruptions between licenses of no more than
5    90 days; and
6        (8) the premises are a single-story, single-use
7    building of at least 3,000 square feet and no more than
8    3,380 square feet.
9    (pp) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor incidental to the sale of food within a restaurant or
13banquet facility established on premises that are located in a
14municipality with a population in excess of 1,000,000
15inhabitants and within 100 feet of at least one church if:
16        (1) the sale of liquor shall not be the principal
17    business carried on by the licensee at the premises;
18        (2) the premises are at least 2,000 square feet and no
19    more than 10,000 square feet and is located in a
20    single-story building;
21        (3) the property on which the premises are located is
22    within an area that, as of 2009, was designated as a
23    Renewal Community by the United States Department of
24    Housing and Urban Development;
25        (4) the property on which the premises are located and
26    the properties on which the churches are located are on the

 

 

HB3855 Engrossed- 975 -LRB100 05985 AMC 16014 b

1    same street;
2        (5) the property on which the premises are located is
3    immediately adjacent to and east of the property on which
4    at least one of the churches is located;
5        (6) the property on which the premises are located is
6    across the street and southwest of the property on which
7    another church is located;
8        (7) the principal religious leaders of the churches
9    have indicated their support for the issuance of the
10    license in writing; and
11        (8) the alderman in whose ward the premises are located
12    has expressed his or her support for the issuance of the
13    license in writing.
14    For purposes of this subsection (pp), "banquet facility"
15means the part of the building that caters to private parties
16and where the sale of alcoholic liquors is not the principal
17business.
18    (qq) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor on premises that are located within a municipality with
22a population in excess of 1,000,000 inhabitants and within 100
23feet of a church or school if:
24        (1) the primary entrance of the premises and the
25    closest entrance of the church or school are at least 200
26    feet apart and no greater than 300 feet apart;

 

 

HB3855 Engrossed- 976 -LRB100 05985 AMC 16014 b

1        (2) the shortest distance between the premises and the
2    church or school is at least 66 feet apart and no greater
3    than 81 feet apart;
4        (3) the premises are a single-story, steel-framed
5    commercial building with at least 18,042 square feet, and
6    was constructed in 1925 and 1997;
7        (4) the owner of the business operated within the
8    premises has been the general manager of a similar
9    supermarket within one mile from the premises, which has
10    had a valid license authorizing the sale of alcoholic
11    liquor since 2002, and is in good standing with the City of
12    Chicago;
13        (5) the principal religious leader at the place of
14    worship has indicated his or her support to the issuance or
15    renewal of the license in writing;
16        (6) the alderman of the ward has indicated his or her
17    support to the issuance or renewal of the license in
18    writing; and
19        (7) the principal of the school has indicated his or
20    her support to the issuance or renewal of the license in
21    writing.
22    (rr) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at premises located within a municipality with a
26population in excess of 1,000,000 inhabitants and within 100

 

 

HB3855 Engrossed- 977 -LRB100 05985 AMC 16014 b

1feet of a club that leases space to a school if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried out on the premises;
4        (2) the sale of alcoholic liquor at the premises is
5    incidental to the operation of a grocery store;
6        (3) the premises are a building of approximately 1,750
7    square feet and is rented by the owners of the grocery
8    store from a family member;
9        (4) the property line of the premises is approximately
10    68 feet from the property line of the club;
11        (5) the primary entrance of the premises and the
12    primary entrance of the club where the school leases space
13    are at least 100 feet apart;
14        (6) the director of the club renting space to the
15    school has indicated his or her consent to the issuance of
16    the license in writing; and
17        (7) the alderman in whose district the premises are
18    located has expressed his or her support for the issuance
19    of the license in writing.
20    (ss) Notwithstanding any provision of this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor at premises located within a municipality with a
24population in excess of 1,000,000 inhabitants and within 100
25feet of a church if:
26        (1) the premises are located within a 15 unit building

 

 

HB3855 Engrossed- 978 -LRB100 05985 AMC 16014 b

1    with 13 residential apartments and 2 commercial spaces, and
2    the licensee will occupy both commercial spaces;
3        (2) a restaurant has been operated on the premises
4    since June 2011;
5        (3) the restaurant currently occupies 1,075 square
6    feet, but will be expanding to include 975 additional
7    square feet;
8        (4) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises;
10        (5) the premises are located south of the church and on
11    the same street and are separated by a one-way westbound
12    street;
13        (6) the primary entrance of the premises is at least 93
14    feet from the primary entrance of the church;
15        (7) the shortest distance between any part of the
16    premises and any part of the church is at least 72 feet;
17        (8) the building in which the restaurant is located was
18    built in 1910;
19        (9) the alderman of the ward in which the premises are
20    located has expressed, in writing, his or her support for
21    the issuance of the license; and
22        (10) the principal religious leader of the church has
23    delivered a written statement that he or she does not
24    object to the issuance of a license under this subsection
25    (ss).
26    (tt) Notwithstanding any provision of this Section to the

 

 

HB3855 Engrossed- 979 -LRB100 05985 AMC 16014 b

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at premises located within a municipality with a
4population in excess of 1,000,000 inhabitants and within 100
5feet of a church if:
6        (1) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (2) the sale of alcoholic liquor is incidental to the
9    sale of food;
10        (3) the sale of alcoholic liquor at the premises was
11    previously authorized by a package goods liquor license;
12        (4) the premises are at least 40,000 square feet with
13    25 parking spaces in the contiguous surface lot to the
14    north of the store and 93 parking spaces on the roof;
15        (5) the shortest distance between the lot line of the
16    parking lot of the premises and the exterior wall of the
17    church is at least 80 feet;
18        (6) the distance between the building in which the
19    church is located and the building in which the premises
20    are located is at least 180 feet;
21        (7) the main entrance to the church faces west and is
22    at least 257 feet from the main entrance of the premises;
23    and
24        (8) the applicant is the owner of 10 similar grocery
25    stores within the City of Chicago and the surrounding area
26    and has been in business for more than 30 years.

 

 

HB3855 Engrossed- 980 -LRB100 05985 AMC 16014 b

1    (uu) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at premises located within a municipality with a
5population in excess of 1,000,000 inhabitants and within 100
6feet of a church if:
7        (1) the sale of alcoholic liquor is not the principal
8    business carried on by the licensee at the premises;
9        (2) the sale of alcoholic liquor is incidental to the
10    operation of a grocery store;
11        (3) the premises are located in a building that is
12    approximately 68,000 square feet with 157 parking spaces on
13    property that was previously vacant land;
14        (4) the main entrance to the church faces west and is
15    at least 500 feet from the entrance of the premises, which
16    faces north;
17        (5) the church and the premises are separated by an
18    alley;
19        (6) the applicant is the owner of 9 similar grocery
20    stores in the City of Chicago and the surrounding area and
21    has been in business for more than 40 years; and
22        (7) the alderman of the ward in which the premises are
23    located has expressed, in writing, his or her support for
24    the issuance of the license.
25    (vv) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

HB3855 Engrossed- 981 -LRB100 05985 AMC 16014 b

1or renewal of a license authorizing the sale of alcoholic
2liquor at premises located within a municipality with a
3population in excess of 1,000,000 inhabitants and within 100
4feet of a church if:
5        (1) the sale of alcoholic liquor is the principal
6    business carried on by the licensee at the premises;
7        (2) the sale of alcoholic liquor is primary to the sale
8    of food;
9        (3) the premises are located south of the church and on
10    perpendicular streets and are separated by a driveway;
11        (4) the primary entrance of the premises is at least
12    100 feet from the primary entrance of the church;
13        (5) the shortest distance between any part of the
14    premises and any part of the church is at least 15 feet;
15        (6) the premises are less than 100 feet from the church
16    center, but greater than 100 feet from the area within the
17    building where church services are held;
18        (7) the premises are 25,830 square feet and sit on a
19    lot that is 0.48 acres;
20        (8) the premises were once designated as a Korean
21    American Presbyterian Church and were once used as a
22    Masonic Temple;
23        (9) the premises were built in 1910;
24        (10) the alderman of the ward in which the premises are
25    located has expressed, in writing, his or her support for
26    the issuance of the license; and

 

 

HB3855 Engrossed- 982 -LRB100 05985 AMC 16014 b

1        (11) the principal religious leader of the church has
2    delivered a written statement that he or she does not
3    object to the issuance of a license under this subsection
4    (vv).
5    For the purposes of this subsection (vv), "premises" means
6a place of business together with a privately owned outdoor
7location that is adjacent to the place of business.
8    (ww) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at premises located within a municipality with a
12population in excess of 1,000,000 inhabitants and within 100
13feet of a school if:
14        (1) the school is located within Sub Area III of City
15    of Chicago Residential-Business Planned Development Number
16    523, as amended; and
17        (2) the premises are located within Sub Area I, Sub
18    Area II, or Sub Area IV of City of Chicago
19    Residential-Business Planned Development Number 523, as
20    amended.
21    (xx) Notwithstanding any provision of this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor at premises located within a municipality with a
25population in excess of 1,000,000 inhabitants and within 100
26feet of a church if:

 

 

HB3855 Engrossed- 983 -LRB100 05985 AMC 16014 b

1        (1) the sale of wine or wine-related products is the
2    exclusive business carried on by the licensee at the
3    premises;
4        (2) the primary entrance of the premises and the
5    primary entrance of the church are at least 100 feet apart
6    and are located on different streets;
7        (3) the building in which the premises are located and
8    the building in which the church is located are separated
9    by an alley;
10        (4) the premises consists of less than 2,000 square
11    feet of floor area dedicated to the sale of wine or
12    wine-related products;
13        (5) the premises are located on the first floor of a
14    2-story building that is at least 99 years old and has a
15    residential unit on the second floor; and
16        (6) the principal religious leader at the church has
17    indicated his or her support for the issuance or renewal of
18    the license in writing.
19    (yy) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor at premises located within a municipality with a
23population in excess of 1,000,000 inhabitants and within 100
24feet of a church if:
25        (1) the premises are a 27-story hotel containing 191
26    guest rooms;

 

 

HB3855 Engrossed- 984 -LRB100 05985 AMC 16014 b

1        (2) the sale of alcoholic liquor is not the principal
2    business carried on by the licensee at the premises and is
3    limited to a restaurant located on the first floor of the
4    hotel;
5        (3) the hotel is adjacent to the church;
6        (4) the site is zoned as DX-16;
7        (5) the principal religious leader of the church has
8    delivered a written statement that he or she does not
9    object to the issuance of a license under this subsection
10    (yy); and
11        (6) the alderman of the ward in which the premises are
12    located has expressed, in writing, his or her support for
13    the issuance of the license.
14    (zz) Notwithstanding any provision of this Section to the
15contrary, nothing in this Section shall prohibit the issuance
16or renewal of a license authorizing the sale of alcoholic
17liquor at premises located within a municipality with a
18population in excess of 1,000,000 inhabitants and within 100
19feet of a church if:
20        (1) the premises are a 15-story hotel containing 143
21    guest rooms;
22        (2) the premises are approximately 85,691 square feet;
23        (3) a restaurant is operated on the premises;
24        (4) the restaurant is located in the first floor lobby
25    of the hotel;
26        (5) the sale of alcoholic liquor is not the principal

 

 

HB3855 Engrossed- 985 -LRB100 05985 AMC 16014 b

1    business carried on by the licensee at the premises;
2        (6) the hotel is located approximately 50 feet from the
3    church and is separated from the church by a public street
4    on the ground level and by air space on the upper level,
5    which is where the public entrances are located;
6        (7) the site is zoned as DX-16;
7        (8) the principal religious leader of the church has
8    delivered a written statement that he or she does not
9    object to the issuance of a license under this subsection
10    (zz); and
11        (9) the alderman of the ward in which the premises are
12    located has expressed, in writing, his or her support for
13    the issuance of the license.
14    (aaa) Notwithstanding any provision in this Section to the
15contrary, nothing in this Section shall prohibit the issuance
16or renewal of a license authorizing the sale of alcoholic
17liquor within a full-service grocery store at premises located
18within a municipality with a population in excess of 1,000,000
19inhabitants and within 100 feet of a school if:
20        (1) the sale of alcoholic liquor is not the primary
21    business activity of the grocery store;
22        (2) the premises are newly constructed on land that was
23    formerly used by the Young Men's Christian Association;
24        (3) the grocery store is located within a planned
25    development that was approved by the municipality in 2007;
26        (4) the premises are located in a multi-building,

 

 

HB3855 Engrossed- 986 -LRB100 05985 AMC 16014 b

1    mixed-use complex;
2        (5) the entrance to the grocery store is located more
3    than 200 feet from the entrance to the school;
4        (6) the entrance to the grocery store is located across
5    the street from the back of the school building, which is
6    not used for student or public access;
7        (7) the grocery store executed a binding lease for the
8    property in 2008;
9        (8) the premises consist of 2 levels and occupy more
10    than 80,000 square feet;
11        (9) the owner and operator of the grocery store
12    operates at least 10 other grocery stores that have
13    alcoholic liquor licenses within the same municipality;
14    and
15        (10) the director of the school has expressed, in
16    writing, his or her support for the issuance of the
17    license.
18    (bbb) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at premises located within a municipality with a
22population in excess of 1,000,000 inhabitants and within 100
23feet of a church if:
24        (1) the sale of alcoholic liquor at the premises is
25    incidental to the sale of food;
26        (2) the premises are located in a single-story building

 

 

HB3855 Engrossed- 987 -LRB100 05985 AMC 16014 b

1    of primarily brick construction containing at least 6
2    commercial units constructed before 1940;
3        (3) the premises are located in a B3-2 zoning district;
4        (4) the premises are less than 4,000 square feet;
5        (5) the church established its congregation in 1891 and
6    completed construction of the church building in 1990;
7        (6) the premises are located south of the church;
8        (7) the premises and church are located on the same
9    street and are separated by a one-way westbound street; and
10        (8) the principal religious leader of the church has
11    not indicated his or her opposition to the issuance or
12    renewal of the license in writing.
13    (ccc) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor within a full-service grocery store at premises located
17within a municipality with a population in excess of 1,000,000
18inhabitants and within 100 feet of a church and school if:
19        (1) as of March 14, 2007, the premises are located in a
20    City of Chicago Residential-Business Planned Development
21    No. 1052;
22        (2) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee at the premises;
24        (3) the sale of alcoholic liquor is incidental to the
25    operation of a grocery store and comprises no more than 10%
26    of the total in-store sales;

 

 

HB3855 Engrossed- 988 -LRB100 05985 AMC 16014 b

1        (4) the owner and operator of the grocery store
2    operates at least 10 other grocery stores that have
3    alcoholic liquor licenses within the same municipality;
4        (5) the premises are new construction when the license
5    is first issued;
6        (6) the constructed premises are to be no less than
7    50,000 square feet;
8        (7) the school is a private church-affiliated school;
9        (8) the premises and the property containing the church
10    and church-affiliated school are located on perpendicular
11    streets and the school and church are adjacent to one
12    another;
13        (9) the pastor of the church and school has expressed,
14    in writing, support for the issuance of the license; and
15        (10) the alderman of the ward in which the premises are
16    located has expressed, in writing, his or her support for
17    the issuance of the license.
18    (ddd) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at premises located within a municipality with a
22population in excess of 1,000,000 inhabitants and within 100
23feet of a church or school if:
24        (1) the business has been issued a license from the
25    municipality to allow the business to operate a theater on
26    the premises;

 

 

HB3855 Engrossed- 989 -LRB100 05985 AMC 16014 b

1        (2) the theater has less than 200 seats;
2        (3) the premises are approximately 2,700 to 3,100
3    square feet of space;
4        (4) the premises are located to the north of the
5    church;
6        (5) the primary entrance of the premises and the
7    primary entrance of any church within 100 feet of the
8    premises are located either on a different street or across
9    a right-of-way from the premises;
10        (6) the primary entrance of the premises and the
11    primary entrance of any school within 100 feet of the
12    premises are located either on a different street or across
13    a right-of-way from the premises;
14        (7) the premises are located in a building that is at
15    least 100 years old; and
16        (8) any church or school located within 100 feet of the
17    premises has indicated its support for the issuance or
18    renewal of the license to the premises in writing.
19    (eee) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor at premises located within a municipality with a
23population in excess of 1,000,000 inhabitants and within 100
24feet of a church and school if:
25        (1) the sale of alcoholic liquor is incidental to the
26    sale of food;

 

 

HB3855 Engrossed- 990 -LRB100 05985 AMC 16014 b

1        (2) the sale of alcoholic liquor is not the principal
2    business carried on by the applicant on the premises;
3        (3) a family-owned restaurant has operated on the
4    premises since 1957;
5        (4) the premises occupy the first floor of a 3-story
6    building that is at least 90 years old;
7        (5) the distance between the property line of the
8    premises and the property line of the church is at least 20
9    feet;
10        (6) the church was established at its current location
11    and the present structure was erected before 1900;
12        (7) the primary entrance of the premises is at least 75
13    feet from the primary entrance of the church;
14        (8) the school is affiliated with the church;
15        (9) the principal religious leader at the place of
16    worship has indicated his or her support for the issuance
17    of the license in writing;
18        (10) the principal of the school has indicated in
19    writing that he or she is not opposed to the issuance of
20    the license; and
21        (11) the alderman of the ward in which the premises are
22    located has expressed, in writing, his or her lack of an
23    objection to the issuance of the license.
24    (fff) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

HB3855 Engrossed- 991 -LRB100 05985 AMC 16014 b

1liquor at premises located within a municipality with a
2population in excess of 1,000,000 inhabitants and within 100
3feet of a church if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the sale of alcoholic liquor at the premises is
7    incidental to the operation of a grocery store;
8        (3) the premises are a one-story building containing
9    approximately 10,000 square feet and are rented by the
10    owners of the grocery store;
11        (4) the sale of alcoholic liquor at the premises occurs
12    in a retail area of the grocery store that is approximately
13    3,500 square feet;
14        (5) the grocery store has operated at the location
15    since 1984;
16        (6) the grocery store is closed on Sundays;
17        (7) the property on which the premises are located is a
18    corner lot that is bound by 3 streets and an alley, where
19    one street is a one-way street that runs north-south, one
20    street runs east-west, and one street runs
21    northwest-southeast;
22        (8) the property line of the premises is approximately
23    16 feet from the property line of the building where the
24    church is located;
25        (9) the premises are separated from the building
26    containing the church by a public alley;

 

 

HB3855 Engrossed- 992 -LRB100 05985 AMC 16014 b

1        (10) the primary entrance of the premises and the
2    primary entrance of the church are at least 100 feet apart;
3        (11) representatives of the church have delivered a
4    written statement that the church does not object to the
5    issuance of a license under this subsection (fff); and
6        (12) the alderman of the ward in which the grocery
7    store is located has expressed, in writing, his or her
8    support for the issuance of the license.
9    (ggg) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of licenses authorizing the sale of alcoholic liquor
12within a restaurant or lobby coffee house at premises located
13within a municipality with a population in excess of 1,000,000
14inhabitants and within 100 feet of a church and school if:
15        (1) a residential retirement home formerly operated on
16    the premises and the premises are being converted into a
17    new apartment living complex containing studio and
18    one-bedroom apartments with ground floor retail space;
19        (2) the restaurant and lobby coffee house are located
20    within a Community Shopping District within the
21    municipality;
22        (3) the premises are located in a single-building,
23    mixed-use complex that, in addition to the restaurant and
24    lobby coffee house, contains apartment residences, a
25    fitness center for the residents of the apartment building,
26    a lobby designed as a social center for the residents, a

 

 

HB3855 Engrossed- 993 -LRB100 05985 AMC 16014 b

1    rooftop deck, and a patio with a dog run for the exclusive
2    use of the residents;
3        (4) the sale of alcoholic liquor is not the primary
4    business activity of the apartment complex, restaurant, or
5    lobby coffee house;
6        (5) the entrance to the apartment residence is more
7    than 310 feet from the entrance to the school and church;
8        (6) the entrance to the apartment residence is located
9    at the end of the block around the corner from the south
10    side of the school building;
11        (7) the school is affiliated with the church;
12        (8) the pastor of the parish, principal of the school,
13    and the titleholder to the church and school have given
14    written consent to the issuance of the license;
15        (9) the alderman of the ward in which the premises are
16    located has given written consent to the issuance of the
17    license; and
18        (10) the neighborhood block club has given written
19    consent to the issuance of the license.
20    (hhh) Notwithstanding any provision of this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license to sell alcoholic liquor at premises
23located within a municipality with a population in excess of
241,000,000 inhabitants and within 100 feet of a home for
25indigent persons or a church if:
26        (1) a restaurant operates on the premises and has been

 

 

HB3855 Engrossed- 994 -LRB100 05985 AMC 16014 b

1    in operation since January of 2014;
2        (2) the sale of alcoholic liquor is incidental to the
3    sale of food;
4        (3) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee on the premises;
6        (4) the premises occupy the first floor of a 3-story
7    building that is at least 100 years old;
8        (5) the primary entrance to the premises is more than
9    100 feet from the primary entrance to the home for indigent
10    persons, which opened in 1989 and is operated to address
11    homelessness and provide shelter;
12        (6) the primary entrance to the premises and the
13    primary entrance to the home for indigent persons are
14    located on different streets;
15        (7) the executive director of the home for indigent
16    persons has given written consent to the issuance of the
17    license;
18        (8) the entrance to the premises is located within 100
19    feet of a Buddhist temple;
20        (9) the entrance to the premises is more than 100 feet
21    from where any worship or educational programming is
22    conducted by the Buddhist temple and is located in an area
23    used only for other purposes; and
24        (10) the president and the board of directors of the
25    Buddhist temple have given written consent to the issuance
26    of the license.

 

 

HB3855 Engrossed- 995 -LRB100 05985 AMC 16014 b

1    (iii) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at premises located within a municipality in excess of
51,000,000 inhabitants and within 100 feet of a home for the
6aged if:
7        (1) the sale of alcoholic liquor is not the principal
8    business carried on by the licensee on the premises;
9        (2) the sale of alcoholic liquor at the premises is
10    incidental to the operation of a restaurant;
11        (3) the premises are on the ground floor of a
12    multi-floor, university-affiliated housing facility;
13        (4) the premises occupy 1,916 square feet of space,
14    with the total square footage from which liquor will be
15    sold, served, and consumed to be 900 square feet;
16        (5) the premises are separated from the home for the
17    aged by an alley;
18        (6) the primary entrance to the premises and the
19    primary entrance to the home for the aged are at least 500
20    feet apart and located on different streets;
21        (7) representatives of the home for the aged have
22    expressed, in writing, that the home does not object to the
23    issuance of a license under this subsection; and
24        (8) the alderman of the ward in which the restaurant is
25    located has expressed, in writing, his or her support for
26    the issuance of the license.

 

 

HB3855 Engrossed- 996 -LRB100 05985 AMC 16014 b

1    (jjj) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at premises located within a municipality with a
5population in excess of 1,000,000 inhabitants and within 100
6feet of a school if:
7        (1) as of January 1, 2016, the premises were used for
8    the sale of alcoholic liquor for consumption on the
9    premises and were authorized to do so pursuant to a retail
10    tavern license held by an individual as the sole proprietor
11    of the premises;
12        (2) the primary entrance to the school and the primary
13    entrance to the premises are on the same street;
14        (3) the school was founded in 1949;
15        (4) the building in which the premises are situated was
16    constructed before 1930;
17        (5) the building in which the premises are situated is
18    immediately across the street from the school; and
19        (6) the school has not indicated its opposition to the
20    issuance or renewal of the license in writing.
21    (kkk) (Blank).
22    (lll) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at premises located within a municipality with a
26population in excess of 1,000,000 inhabitants and within 100

 

 

HB3855 Engrossed- 997 -LRB100 05985 AMC 16014 b

1feet of a synagogue or school if:
2        (1) the sale of alcoholic liquor at the premises is
3    incidental to the sale of food;
4        (2) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (3) the premises are located on the same street on
7    which the synagogue or school is located;
8        (4) the primary entrance to the premises and the
9    closest entrance to the synagogue or school is at least 100
10    feet apart;
11        (5) the shortest distance between the premises and the
12    synagogue or school is at least 65 feet apart and no
13    greater than 70 feet apart;
14        (6) the premises are between 1,800 and 2,000 square
15    feet;
16        (7) the synagogue was founded in 1861; and
17        (8) the leader of the synagogue has indicated, in
18    writing, the synagogue's support for the issuance or
19    renewal of the license.
20    (mmm) Notwithstanding any provision of this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of licenses authorizing the sale of alcoholic liquor
23within a restaurant or lobby coffee house at premises located
24within a municipality with a population in excess of 1,000,000
25inhabitants and within 100 feet of a church if:
26        (1) the sale of alcoholic liquor is not the principal

 

 

HB3855 Engrossed- 998 -LRB100 05985 AMC 16014 b

1    business carried on by the licensee at the premises;
2        (2) the sale of alcoholic liquor at the premises is
3    incidental to the sale of food in a restaurant;
4        (3) the restaurant has been run by the same family for
5    at least 19 consecutive years;
6        (4) the premises are located in a 3-story building in
7    the most easterly part of the first floor;
8        (5) the building in which the premises are located has
9    residential housing on the second and third floors;
10        (6) the primary entrance to the premises is on a
11    north-south street around the corner and across an alley
12    from the primary entrance to the church, which is on an
13    east-west street;
14        (7) the primary entrance to the church and the primary
15    entrance to the premises are more than 160 feet apart; and
16        (8) the church has expressed, in writing, its support
17    for the issuance of a license under this subsection.
18    (nnn) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of licenses authorizing the sale of alcoholic liquor
21within a restaurant or lobby coffee house at premises located
22within a municipality with a population in excess of 1,000,000
23inhabitants and within 100 feet of a school and church or
24synagogue if:
25        (1) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises;

 

 

HB3855 Engrossed- 999 -LRB100 05985 AMC 16014 b

1        (2) the sale of alcoholic liquor at the premises is
2    incidental to the sale of food in a restaurant;
3        (3) the front door of the synagogue faces east on the
4    next north-south street east of and parallel to the
5    north-south street on which the restaurant is located where
6    the restaurant's front door faces west;
7        (4) the closest exterior pedestrian entrance that
8    leads to the school or the synagogue is across an east-west
9    street and at least 300 feet from the primary entrance to
10    the restaurant;
11        (5) the nearest church-related or school-related
12    building is a community center building;
13        (6) the restaurant is on the ground floor of a 3-story
14    building constructed in 1896 with a brick façade;
15        (7) the restaurant shares the ground floor with a
16    theater, and the second and third floors of the building in
17    which the restaurant is located consists of residential
18    housing;
19        (8) the leader of the synagogue and school has
20    expressed, in writing, that the synagogue does not object
21    to the issuance of a license under this subsection; and
22        (9) the alderman of the ward in which the premises is
23    located has expressed, in writing, his or her support for
24    the issuance of the license.
25    (ooo) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

HB3855 Engrossed- 1000 -LRB100 05985 AMC 16014 b

1or renewal of a license authorizing the sale of alcoholic
2liquor at premises located within a municipality with a
3population in excess of 2,000 but less than 5,000 inhabitants
4in a county with a population in excess of 3,000,000 and within
5100 feet of a home for the aged if:
6        (1) as of March 1, 2016, the premises were used to sell
7    alcohol pursuant to a retail tavern and packaged goods
8    license issued by the municipality and held by a limited
9    liability company as the proprietor of the premises;
10        (2) the home for the aged was completed in 2015;
11        (3) the home for the aged is a 5-story structure;
12        (4) the building in which the premises are situated is
13    directly adjacent to the home for the aged;
14        (5) the building in which the premises are situated was
15    constructed before 1950;
16        (6) the home for the aged has not indicated its
17    opposition to the issuance or renewal of the license; and
18        (7) the president of the municipality has expressed in
19    writing that he or she does not object to the issuance or
20    renewal of the license.
21    (ppp) Notwithstanding any provision of this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor at premises located within a municipality with a
25population in excess of 1,000,000 inhabitants and within 100
26feet of a church or churches if:

 

 

HB3855 Engrossed- 1001 -LRB100 05985 AMC 16014 b

1        (1) the shortest distance between the premises and a
2    church is at least 78 feet apart and no greater than 95
3    feet apart;
4        (2) the premises are a single-story, brick commercial
5    building and at least 5,067 square feet and were
6    constructed in 1922;
7        (3) the premises are located in a B3-2 zoning district;
8        (4) the premises are separated from the buildings
9    containing the churches by a street;
10        (5) the previous owners of the business located on the
11    premises held a liquor license for at least 10 years;
12        (6) the new owner of the business located on the
13    premises has managed 2 other food and liquor stores since
14    1997;
15        (7) the principal religious leaders at the places of
16    worship have indicated their support for the issuance or
17    renewal of the license in writing; and
18        (8) the alderman of the ward in which the premises are
19    located has indicated his or her support for the issuance
20    or renewal of the license in writing.
21(Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13;
2298-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff.
238-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff.
247-15-15; 99-477, eff. 8-27-15; 99-484, eff. 10-30-15; 99-558,
25eff. 7-15-16; 99-642, eff. 7-28-16; revised 10-27-16.)
 

 

 

HB3855 Engrossed- 1002 -LRB100 05985 AMC 16014 b

1    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
2    Sec. 6-15. No alcoholic liquors shall be sold or delivered
3in any building belonging to or under the control of the State
4or any political subdivision thereof except as provided in this
5Act. The corporate authorities of any city, village,
6incorporated town, township, or county may provide by
7ordinance, however, that alcoholic liquor may be sold or
8delivered in any specifically designated building belonging to
9or under the control of the municipality, township, or county,
10or in any building located on land under the control of the
11municipality, township, or county; provided that such township
12or county complies with all applicable local ordinances in any
13incorporated area of the township or county. Alcoholic liquor
14may be delivered to and sold under the authority of a special
15use permit on any property owned by a conservation district
16organized under the Conservation District Act, provided that
17(i) the alcoholic liquor is sold only at an event authorized by
18the governing board of the conservation district, (ii) the
19issuance of the special use permit is authorized by the local
20liquor control commissioner of the territory in which the
21property is located, and (iii) the special use permit
22authorizes the sale of alcoholic liquor for one day or less.
23Alcoholic liquors may be delivered to and sold at any airport
24belonging to or under the control of a municipality of more
25than 25,000 inhabitants, or in any building or on any golf
26course owned by a park district organized under the Park

 

 

HB3855 Engrossed- 1003 -LRB100 05985 AMC 16014 b

1District Code, subject to the approval of the governing board
2of the district, or in any building or on any golf course owned
3by a forest preserve district organized under the Downstate
4Forest Preserve District Act, subject to the approval of the
5governing board of the district, or on the grounds within 500
6feet of any building owned by a forest preserve district
7organized under the Downstate Forest Preserve District Act
8during times when food is dispensed for consumption within 500
9feet of the building from which the food is dispensed, subject
10to the approval of the governing board of the district, or in a
11building owned by a Local Mass Transit District organized under
12the Local Mass Transit District Act, subject to the approval of
13the governing Board of the District, or in Bicentennial Park,
14or on the premises of the City of Mendota Lake Park located
15adjacent to Route 51 in Mendota, Illinois, or on the premises
16of Camden Park in Milan, Illinois, or in the community center
17owned by the City of Loves Park that is located at 1000 River
18Park Drive in Loves Park, Illinois, or, in connection with the
19operation of an established food serving facility during times
20when food is dispensed for consumption on the premises, and at
21the following aquarium and museums located in public parks: Art
22Institute of Chicago, Chicago Academy of Sciences, Chicago
23Historical Society, Field Museum of Natural History, Museum of
24Science and Industry, DuSable Museum of African American
25History, John G. Shedd Aquarium and Adler Planetarium, or at
26Lakeview Museum of Arts and Sciences in Peoria, or in

 

 

HB3855 Engrossed- 1004 -LRB100 05985 AMC 16014 b

1connection with the operation of the facilities of the Chicago
2Zoological Society or the Chicago Horticultural Society on land
3owned by the Forest Preserve District of Cook County, or on any
4land used for a golf course or for recreational purposes owned
5by the Forest Preserve District of Cook County, subject to the
6control of the Forest Preserve District Board of Commissioners
7and applicable local law, provided that dram shop liability
8insurance is provided at maximum coverage limits so as to hold
9the District harmless from all financial loss, damage, and
10harm, or in any building located on land owned by the Chicago
11Park District if approved by the Park District Commissioners,
12or on any land used for a golf course or for recreational
13purposes and owned by the Illinois International Port District
14if approved by the District's governing board, or at any
15airport, golf course, faculty center, or facility in which
16conference and convention type activities take place belonging
17to or under control of any State university or public community
18college district, provided that with respect to a facility for
19conference and convention type activities alcoholic liquors
20shall be limited to the use of the convention or conference
21participants or participants in cultural, political or
22educational activities held in such facilities, and provided
23further that the faculty or staff of the State university or a
24public community college district, or members of an
25organization of students, alumni, faculty or staff of the State
26university or a public community college district are active

 

 

HB3855 Engrossed- 1005 -LRB100 05985 AMC 16014 b

1participants in the conference or convention, or in Memorial
2Stadium on the campus of the University of Illinois at
3Urbana-Champaign during games in which the Chicago Bears
4professional football team is playing in that stadium during
5the renovation of Soldier Field, not more than one and a half
6hours before the start of the game and not after the end of the
7third quarter of the game, or in the Pavilion Facility on the
8campus of the University of Illinois at Chicago during games in
9which the Chicago Storm professional soccer team is playing in
10that facility, not more than one and a half hours before the
11start of the game and not after the end of the third quarter of
12the game, or in the Pavilion Facility on the campus of the
13University of Illinois at Chicago during games in which the
14WNBA professional women's basketball team is playing in that
15facility, not more than one and a half hours before the start
16of the game and not after the 10-minute mark of the second half
17of the game, or by a catering establishment which has rented
18facilities from a board of trustees of a public community
19college district, or in a restaurant that is operated by a
20commercial tenant in the North Campus Parking Deck building
21that (1) is located at 1201 West University Avenue, Urbana,
22Illinois and (2) is owned by the Board of Trustees of the
23University of Illinois, or, if approved by the District board,
24on land owned by the Metropolitan Sanitary District of Greater
25Chicago and leased to others for a term of at least 20 years.
26Nothing in this Section precludes the sale or delivery of

 

 

HB3855 Engrossed- 1006 -LRB100 05985 AMC 16014 b

1alcoholic liquor in the form of original packaged goods in
2premises located at 500 S. Racine in Chicago belonging to the
3University of Illinois and used primarily as a grocery store by
4a commercial tenant during the term of a lease that predates
5the University's acquisition of the premises; but the
6University shall have no power or authority to renew, transfer,
7or extend the lease with terms allowing the sale of alcoholic
8liquor; and the sale of alcoholic liquor shall be subject to
9all local laws and regulations. After the acquisition by
10Winnebago County of the property located at 404 Elm Street in
11Rockford, a commercial tenant who sold alcoholic liquor at
12retail on a portion of the property under a valid license at
13the time of the acquisition may continue to do so for so long
14as the tenant and the County may agree under existing or future
15leases, subject to all local laws and regulations regarding the
16sale of alcoholic liquor. Alcoholic liquors may be delivered to
17and sold at Memorial Hall, located at 211 North Main Street,
18Rockford, under conditions approved by Winnebago County and
19subject to all local laws and regulations regarding the sale of
20alcoholic liquor. Each facility shall provide dram shop
21liability in maximum insurance coverage limits so as to save
22harmless the State, municipality, State university, airport,
23golf course, faculty center, facility in which conference and
24convention type activities take place, park district, Forest
25Preserve District, public community college district,
26aquarium, museum, or sanitary district from all financial loss,

 

 

HB3855 Engrossed- 1007 -LRB100 05985 AMC 16014 b

1damage or harm. Alcoholic liquors may be sold at retail in
2buildings of golf courses owned by municipalities or Illinois
3State University in connection with the operation of an
4established food serving facility during times when food is
5dispensed for consumption upon the premises. Alcoholic liquors
6may be delivered to and sold at retail in any building owned by
7a fire protection district organized under the Fire Protection
8District Act, provided that such delivery and sale is approved
9by the board of trustees of the district, and provided further
10that such delivery and sale is limited to fundraising events
11and to a maximum of 6 events per year. However, the limitation
12to fundraising events and to a maximum of 6 events per year
13does not apply to the delivery, sale, or manufacture of
14alcoholic liquors at the building located at 59 Main Street in
15Oswego, Illinois, owned by the Oswego Fire Protection District
16if the alcoholic liquor is sold or dispensed as approved by the
17Oswego Fire Protection District and the property is no longer
18being utilized for fire protection purposes.
19    Alcoholic liquors may be served or sold in buildings under
20the control of the Board of Trustees of the University of
21Illinois for events that the Board may determine are public
22events and not related student activities. The Board of
23Trustees shall issue a written policy within 6 months of August
2415, 2008 (the effective date of Public Act 95-847) this
25amendatory Act of the 95th General Assembly concerning the
26types of events that would be eligible for an exemption.

 

 

HB3855 Engrossed- 1008 -LRB100 05985 AMC 16014 b

1Thereafter, the Board of Trustees may issue revised, updated,
2new, or amended policies as it deems necessary and appropriate.
3In preparing its written policy, the Board of Trustees shall,
4among other factors it considers relevant and important, give
5consideration to the following: (i) whether the event is a
6student activity or student related activity; (ii) whether the
7physical setting of the event is conducive to control of liquor
8sales and distribution; (iii) the ability of the event operator
9to ensure that the sale or serving of alcoholic liquors and the
10demeanor of the participants are in accordance with State law
11and University policies; (iv) regarding the anticipated
12attendees at the event, the relative proportion of individuals
13under the age of 21 to individuals age 21 or older; (v) the
14ability of the venue operator to prevent the sale or
15distribution of alcoholic liquors to individuals under the age
16of 21; (vi) whether the event prohibits participants from
17removing alcoholic beverages from the venue; and (vii) whether
18the event prohibits participants from providing their own
19alcoholic liquors to the venue. In addition, any policy
20submitted by the Board of Trustees to the Illinois Liquor
21Control Commission must require that any event at which
22alcoholic liquors are served or sold in buildings under the
23control of the Board of Trustees shall require the prior
24written approval of the Office of the Chancellor for the
25University campus where the event is located. The Board of
26Trustees shall submit its policy, and any subsequently revised,

 

 

HB3855 Engrossed- 1009 -LRB100 05985 AMC 16014 b

1updated, new, or amended policies, to the Illinois Liquor
2Control Commission, and any University event, or location for
3an event, exempted under such policies shall apply for a
4license under the applicable Sections of this Act.
5    Alcoholic liquors may be served or sold in buildings under
6the control of the Board of Trustees of Northern Illinois
7University for events that the Board may determine are public
8events and not student-related activities. The Board of
9Trustees shall issue a written policy within 6 months after
10June 28, 2011 (the effective date of Public Act 97-45)
11concerning the types of events that would be eligible for an
12exemption. Thereafter, the Board of Trustees may issue revised,
13updated, new, or amended policies as it deems necessary and
14appropriate. In preparing its written policy, the Board of
15Trustees shall, in addition to other factors it considers
16relevant and important, give consideration to the following:
17(i) whether the event is a student activity or student-related
18activity; (ii) whether the physical setting of the event is
19conducive to control of liquor sales and distribution; (iii)
20the ability of the event operator to ensure that the sale or
21serving of alcoholic liquors and the demeanor of the
22participants are in accordance with State law and University
23policies; (iv) the anticipated attendees at the event and the
24relative proportion of individuals under the age of 21 to
25individuals age 21 or older; (v) the ability of the venue
26operator to prevent the sale or distribution of alcoholic

 

 

HB3855 Engrossed- 1010 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 1011 -LRB100 05985 AMC 16014 b

1operator to prevent the sale or distribution of alcoholic
2liquors to individuals under the age of 21; (vi) whether the
3event prohibits participants from removing alcoholic beverages
4from the venue; and (vii) whether the event prohibits
5participants from providing their own alcoholic liquors to the
6venue.
7    Alcoholic liquors may be served or sold in buildings under
8the control of the Board of Trustees of Illinois State
9University for events that the Board may determine are public
10events and not student-related activities. The Board of
11Trustees shall issue a written policy within 6 months after
12March 1, 2013 (the effective date of Public Act 97-1166) this
13amendatory Act of the 97th General Assembly concerning the
14types of events that would be eligible for an exemption.
15Thereafter, the Board of Trustees may issue revised, updated,
16new, or amended policies as it deems necessary and appropriate.
17In preparing its written policy, the Board of Trustees shall,
18in addition to other factors it considers relevant and
19important, give consideration to the following: (i) whether the
20event is a student activity or student-related activity; (ii)
21whether the physical setting of the event is conducive to
22control of liquor sales and distribution; (iii) the ability of
23the event operator to ensure that the sale or serving of
24alcoholic liquors and the demeanor of the participants are in
25accordance with State law and University policies; (iv) the
26anticipated attendees at the event and the relative proportion

 

 

HB3855 Engrossed- 1012 -LRB100 05985 AMC 16014 b

1of individuals under the age of 21 to individuals age 21 or
2older; (v) the ability of the venue operator to prevent the
3sale or distribution of alcoholic liquors to individuals under
4the age of 21; (vi) whether the event prohibits participants
5from removing alcoholic beverages from the venue; and (vii)
6whether the event prohibits participants from providing their
7own alcoholic liquors to the venue.
8    Alcoholic liquors may be served or sold in buildings under
9the control of the Board of Trustees of Southern Illinois
10University for events that the Board may determine are public
11events and not student-related activities. The Board of
12Trustees shall issue a written policy within 6 months after
13August 12, 2016 (the effective date of Public Act 99-795) this
14amendatory Act of the 99th General Assembly concerning the
15types of events that would be eligible for an exemption.
16Thereafter, the Board of Trustees may issue revised, updated,
17new, or amended policies as it deems necessary and appropriate.
18In preparing its written policy, the Board of Trustees shall,
19in addition to other factors it considers relevant and
20important, give consideration to the following: (i) whether the
21event is a student activity or student-related activity; (ii)
22whether the physical setting of the event is conducive to
23control of liquor sales and distribution; (iii) the ability of
24the event operator to ensure that the sale or serving of
25alcoholic liquors and the demeanor of the participants are in
26accordance with State law and University policies; (iv) the

 

 

HB3855 Engrossed- 1013 -LRB100 05985 AMC 16014 b

1anticipated attendees at the event and the relative proportion
2of individuals under the age of 21 to individuals age 21 or
3older; (v) the ability of the venue operator to prevent the
4sale or distribution of alcoholic liquors to individuals under
5the age of 21; (vi) whether the event prohibits participants
6from removing alcoholic beverages from the venue; and (vii)
7whether the event prohibits participants from providing their
8own alcoholic liquors to the venue.
9    Alcoholic liquors may be served or sold in buildings under
10the control of the Board of Trustees of a public university for
11events that the Board of Trustees of that public university may
12determine are public events and not student-related
13activities. If the Board of Trustees of a public university has
14not issued a written policy pursuant to an exemption under this
15Section on or before July 15, 2016 (the effective date of
16Public Act 99-550) this amendatory Act of the 99th General
17Assembly, then that Board of Trustees shall issue a written
18policy within 6 months after July 15, 2016 (the effective date
19of Public Act 99-550) this amendatory Act of the 99th General
20Assembly concerning the types of events that would be eligible
21for an exemption. Thereafter, the Board of Trustees may issue
22revised, updated, new, or amended policies as it deems
23necessary and appropriate. In preparing its written policy, the
24Board of Trustees shall, in addition to other factors it
25considers relevant and important, give consideration to the
26following: (i) whether the event is a student activity or

 

 

HB3855 Engrossed- 1014 -LRB100 05985 AMC 16014 b

1student-related activity; (ii) whether the physical setting of
2the event is conducive to control of liquor sales and
3distribution; (iii) the ability of the event operator to ensure
4that the sale or serving of alcoholic liquors and the demeanor
5of the participants are in accordance with State law and
6University policies; (iv) the anticipated attendees at the
7event and the relative proportion of individuals under the age
8of 21 to individuals age 21 or older; (v) the ability of the
9venue operator to prevent the sale or distribution of alcoholic
10liquors to individuals under the age of 21; (vi) whether the
11event prohibits participants from removing alcoholic beverages
12from the venue; and (vii) whether the event prohibits
13participants from providing their own alcoholic liquors to the
14venue. As used in this paragraph, "public university" means the
15University of Illinois, Illinois State University, Chicago
16State University, Governors State University, Southern
17Illinois University, Northern Illinois University, Eastern
18Illinois University, Western Illinois University, and
19Northeastern Illinois University.
20    Alcoholic liquors may be served or sold in buildings under
21the control of the Board of Trustees of a community college
22district for events that the Board of Trustees of that
23community college district may determine are public events and
24not student-related activities. The Board of Trustees shall
25issue a written policy within 6 months after July 15, 2016 (the
26effective date of Public Act 99-550) this amendatory Act of the

 

 

HB3855 Engrossed- 1015 -LRB100 05985 AMC 16014 b

199th General Assembly concerning the types of events that would
2be eligible for an exemption. Thereafter, the Board of Trustees
3may issue revised, updated, new, or amended policies as it
4deems necessary and appropriate. In preparing its written
5policy, the Board of Trustees shall, in addition to other
6factors it considers relevant and important, give
7consideration to the following: (i) whether the event is a
8student activity or student-related activity; (ii) whether the
9physical setting of the event is conducive to control of liquor
10sales and distribution; (iii) the ability of the event operator
11to ensure that the sale or serving of alcoholic liquors and the
12demeanor of the participants are in accordance with State law
13and community college district policies; (iv) the anticipated
14attendees at the event and the relative proportion of
15individuals under the age of 21 to individuals age 21 or older;
16(v) the ability of the venue operator to prevent the sale or
17distribution of alcoholic liquors to individuals under the age
18of 21; (vi) whether the event prohibits participants from
19removing alcoholic beverages from the venue; and (vii) whether
20the event prohibits participants from providing their own
21alcoholic liquors to the venue. This paragraph does not apply
22to any community college district authorized to sell or serve
23alcoholic liquor under any other provision of this Section.
24    Alcoholic liquor may be delivered to and sold at retail in
25the Dorchester Senior Business Center owned by the Village of
26Dolton if the alcoholic liquor is sold or dispensed only in

 

 

HB3855 Engrossed- 1016 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 1017 -LRB100 05985 AMC 16014 b

1    connection with organized functions held on special
2    occasions;
3        (iii) the organized function is one for which the
4    planned attendance is 25 or more persons;
5        (iv) the facility selling or dispensing the alcoholic
6    liquors has provided dram shop liability insurance in
7    maximum limits so as to hold harmless the Civic Center, the
8    City of Chicago and the State from all financial loss,
9    damage or harm; and
10        (v) all applicable local ordinances are complied with.
11    Alcoholic liquors may be delivered or sold in any building
12belonging to or under the control of any city, village or
13incorporated town where more than 75% of the physical
14properties of the building is used for commercial or
15recreational purposes, and the building is located upon a pier
16extending into or over the waters of a navigable lake or stream
17or on the shore of a navigable lake or stream. In accordance
18with a license issued under this Act, alcoholic liquor may be
19sold, served, or delivered in buildings and facilities under
20the control of the Department of Natural Resources during
21events or activities lasting no more than 7 continuous days
22upon the written approval of the Director of Natural Resources
23acting as the controlling government authority. The Director of
24Natural Resources may specify conditions on that approval,
25including but not limited to requirements for insurance and
26hours of operation. Notwithstanding any other provision of this

 

 

HB3855 Engrossed- 1018 -LRB100 05985 AMC 16014 b

1Act, alcoholic liquor sold by a United States Army Corps of
2Engineers or Department of Natural Resources concessionaire
3who was operating on June 1, 1991 for on-premises consumption
4only is not subject to the provisions of Articles IV and IX.
5Beer and wine may be sold on the premises of the Joliet Park
6District Stadium owned by the Joliet Park District when written
7consent to the issuance of a license to sell beer and wine in
8such premises is filed with the local liquor commissioner by
9the Joliet Park District. Beer and wine may be sold in
10buildings on the grounds of State veterans' homes when written
11consent to the issuance of a license to sell beer and wine in
12such buildings is filed with the Commission by the Department
13of Veterans' Affairs, and the facility shall provide dram shop
14liability in maximum insurance coverage limits so as to save
15the facility harmless from all financial loss, damage or harm.
16Such liquors may be delivered to and sold at any property owned
17or held under lease by a Metropolitan Pier and Exposition
18Authority or Metropolitan Exposition and Auditorium Authority.
19    Beer and wine may be sold and dispensed at professional
20sporting events and at professional concerts and other
21entertainment events conducted on premises owned by the Forest
22Preserve District of Kane County, subject to the control of the
23District Commissioners and applicable local law, provided that
24dram shop liability insurance is provided at maximum coverage
25limits so as to hold the District harmless from all financial
26loss, damage and harm.

 

 

HB3855 Engrossed- 1019 -LRB100 05985 AMC 16014 b

1    Nothing in this Section shall preclude the sale or delivery
2of beer and wine at a State or county fair or the sale or
3delivery of beer or wine at a city fair in any otherwise lawful
4manner.
5    Alcoholic liquors may be sold at retail in buildings in
6State parks under the control of the Department of Natural
7Resources, provided:
8        a. the State park has overnight lodging facilities with
9    some restaurant facilities or, not having overnight
10    lodging facilities, has restaurant facilities which serve
11    complete luncheon and dinner or supper meals,
12        b. (blank), and
13        c. the alcoholic liquors are sold by the State park
14    lodge or restaurant concessionaire only during the hours
15    from 11 o'clock a.m. until 12 o'clock midnight.
16    Notwithstanding any other provision of this Act, alcoholic
17    liquor sold by the State park or restaurant concessionaire
18    is not subject to the provisions of Articles IV and IX.
19    Alcoholic liquors may be sold at retail in buildings on
20properties under the control of the Historic Sites and
21Preservation Division of the Historic Preservation Agency or
22the Abraham Lincoln Presidential Library and Museum provided:
23        a. the property has overnight lodging facilities with
24    some restaurant facilities or, not having overnight
25    lodging facilities, has restaurant facilities which serve
26    complete luncheon and dinner or supper meals,

 

 

HB3855 Engrossed- 1020 -LRB100 05985 AMC 16014 b

1        b. consent to the issuance of a license to sell
2    alcoholic liquors in the buildings has been filed with the
3    commission by the Historic Sites and Preservation Division
4    of the Historic Preservation Agency or the Abraham Lincoln
5    Presidential Library and Museum, and
6        c. the alcoholic liquors are sold by the lodge or
7    restaurant concessionaire only during the hours from 11
8    o'clock a.m. until 12 o'clock midnight.
9    The sale of alcoholic liquors pursuant to this Section does
10not authorize the establishment and operation of facilities
11commonly called taverns, saloons, bars, cocktail lounges, and
12the like except as a part of lodge and restaurant facilities in
13State parks or golf courses owned by Forest Preserve Districts
14with a population of less than 3,000,000 or municipalities or
15park districts.
16    Alcoholic liquors may be sold at retail in the Springfield
17Administration Building of the Department of Transportation
18and the Illinois State Armory in Springfield; provided, that
19the controlling government authority may consent to such sales
20only if
21        a. the request is from a not-for-profit organization;
22        b. such sales would not impede normal operations of the
23    departments involved;
24        c. the not-for-profit organization provides dram shop
25    liability in maximum insurance coverage limits and agrees
26    to defend, save harmless and indemnify the State of

 

 

HB3855 Engrossed- 1021 -LRB100 05985 AMC 16014 b

1    Illinois from all financial loss, damage or harm;
2        d. no such sale shall be made during normal working
3    hours of the State of Illinois; and
4        e. the consent is in writing.
5    Alcoholic liquors may be sold at retail in buildings in
6recreational areas of river conservancy districts under the
7control of, or leased from, the river conservancy districts.
8Such sales are subject to reasonable local regulations as
9provided in Article IV; however, no such regulations may
10prohibit or substantially impair the sale of alcoholic liquors
11on Sundays or Holidays.
12    Alcoholic liquors may be provided in long term care
13facilities owned or operated by a county under Division 5-21 or
145-22 of the Counties Code, when approved by the facility
15operator and not in conflict with the regulations of the
16Illinois Department of Public Health, to residents of the
17facility who have had their consumption of the alcoholic
18liquors provided approved in writing by a physician licensed to
19practice medicine in all its branches.
20    Alcoholic liquors may be delivered to and dispensed in
21State housing assigned to employees of the Department of
22Corrections. No person shall furnish or allow to be furnished
23any alcoholic liquors to any prisoner confined in any jail,
24reformatory, prison or house of correction except upon a
25physician's prescription for medicinal purposes.
26    Alcoholic liquors may be sold at retail or dispensed at the

 

 

HB3855 Engrossed- 1022 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 1023 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 1024 -LRB100 05985 AMC 16014 b

1    indemnify the State of Illinois from all financial loss,
2    damage or harm arising out of the selling or dispensing of
3    alcoholic liquors.
4    The controlling government authority for the Historic
5Sites and Preservation Division of the Historic Preservation
6Agency shall be the Director of the Historic Sites and
7Preservation, and the controlling government authority for the
8Abraham Lincoln Presidential Library and Museum shall be the
9Director of the Abraham Lincoln Presidential Library and
10Museum.
11    Alcoholic liquors may be delivered to and sold at retail or
12dispensed for consumption at the Michael Bilandic Building at
13160 North LaSalle Street, Chicago IL 60601, after the normal
14business hours of any day care or child care facility located
15in the building, by (1) a commercial tenant or subtenant
16conducting business on the premises under a lease made pursuant
17to Section 405-315 of the Department of Central Management
18Services Law (20 ILCS 405/405-315), provided that such tenant
19or subtenant who accepts delivery of, sells, or dispenses
20alcoholic liquors shall procure and maintain dram shop
21liability insurance in maximum coverage limits and in which the
22carrier agrees to defend, indemnify, and save harmless the
23State of Illinois from all financial loss, damage, or harm
24arising out of the delivery, sale, or dispensing of alcoholic
25liquors, or by (2) an agency of the State, whether legislative,
26judicial, or executive, provided that such agency first obtains

 

 

HB3855 Engrossed- 1025 -LRB100 05985 AMC 16014 b

1written permission to accept delivery of and sell or dispense
2alcoholic liquors from the Director of Central Management
3Services, or by (3) a not-for-profit organization, provided
4that such organization:
5        a. obtains written consent from the Department of
6    Central Management Services;
7        b. accepts delivery of and sells or dispenses the
8    alcoholic liquors in a manner that does not impair normal
9    operations of State offices located in the building;
10        c. accepts delivery of and sells or dispenses alcoholic
11    liquors only in connection with an official activity in the
12    building; and
13        d. provides, or its catering service provides, dram
14    shop liability insurance in maximum coverage limits and in
15    which the carrier agrees to defend, save harmless, and
16    indemnify the State of Illinois from all financial loss,
17    damage, or harm arising out of the selling or dispensing of
18    alcoholic liquors.
19    Nothing in this Act shall prevent a not-for-profit
20organization or agency of the State from employing the services
21of a catering establishment for the selling or dispensing of
22alcoholic liquors at functions authorized by the Director of
23Central Management Services.
24    Alcoholic liquors may be sold at retail or dispensed at the
25James R. Thompson Center in Chicago, subject to the provisions
26of Section 7.4 of the State Property Control Act, and 222 South

 

 

HB3855 Engrossed- 1026 -LRB100 05985 AMC 16014 b

1College Street in Springfield, Illinois by (1) a commercial
2tenant or subtenant conducting business on the premises under a
3lease or sublease made pursuant to Section 405-315 of the
4Department of Central Management Services Law (20 ILCS
5405/405-315), provided that such tenant or subtenant who sells
6or dispenses alcoholic liquors shall procure and maintain dram
7shop liability insurance in maximum coverage limits and in
8which the carrier agrees to defend, indemnify and save harmless
9the State of Illinois from all financial loss, damage or harm
10arising out of the sale or dispensing of alcoholic liquors, or
11by (2) an agency of the State, whether legislative, judicial or
12executive, provided that such agency first obtains written
13permission to sell or dispense alcoholic liquors from the
14Director of Central Management Services, or by (3) a
15not-for-profit organization, provided that such organization:
16        a. Obtains written consent from the Department of
17    Central Management Services;
18        b. Sells or dispenses the alcoholic liquors in a manner
19    that does not impair normal operations of State offices
20    located in the building;
21        c. Sells or dispenses alcoholic liquors only in
22    connection with an official activity in the building;
23        d. Provides, or its catering service provides, dram
24    shop liability insurance in maximum coverage limits and in
25    which the carrier agrees to defend, save harmless and
26    indemnify the State of Illinois from all financial loss,

 

 

HB3855 Engrossed- 1027 -LRB100 05985 AMC 16014 b

1    damage or harm arising out of the selling or dispensing of
2    alcoholic liquors.
3    Nothing in this Act shall prevent a not-for-profit
4organization or agency of the State from employing the services
5of a catering establishment for the selling or dispensing of
6alcoholic liquors at functions authorized by the Director of
7Central Management Services.
8    Alcoholic liquors may be sold or delivered at any facility
9owned by the Illinois Sports Facilities Authority provided that
10dram shop liability insurance has been made available in a
11form, with such coverage and in such amounts as the Authority
12reasonably determines is necessary.
13    Alcoholic liquors may be sold at retail or dispensed at the
14Rockford State Office Building by (1) an agency of the State,
15whether legislative, judicial or executive, provided that such
16agency first obtains written permission to sell or dispense
17alcoholic liquors from the Department of Central Management
18Services, or by (2) a not-for-profit organization, provided
19that such organization:
20        a. Obtains written consent from the Department of
21    Central Management Services;
22        b. Sells or dispenses the alcoholic liquors in a manner
23    that does not impair normal operations of State offices
24    located in the building;
25        c. Sells or dispenses alcoholic liquors only in
26    connection with an official activity in the building;

 

 

HB3855 Engrossed- 1028 -LRB100 05985 AMC 16014 b

1        d. Provides, or its catering service provides, dram
2    shop liability insurance in maximum coverage limits and in
3    which the carrier agrees to defend, save harmless and
4    indemnify the State of Illinois from all financial loss,
5    damage or harm arising out of the selling or dispensing of
6    alcoholic liquors.
7    Nothing in this Act shall prevent a not-for-profit
8organization or agency of the State from employing the services
9of a catering establishment for the selling or dispensing of
10alcoholic liquors at functions authorized by the Department of
11Central Management Services.
12    Alcoholic liquors may be sold or delivered in a building
13that is owned by McLean County, situated on land owned by the
14county in the City of Bloomington, and used by the McLean
15County Historical Society if the sale or delivery is approved
16by an ordinance adopted by the county board, and the
17municipality in which the building is located may not prohibit
18that sale or delivery, notwithstanding any other provision of
19this Section. The regulation of the sale and delivery of
20alcoholic liquor in a building that is owned by McLean County,
21situated on land owned by the county, and used by the McLean
22County Historical Society as provided in this paragraph is an
23exclusive power and function of the State and is a denial and
24limitation under Article VII, Section 6, subsection (h) of the
25Illinois Constitution of the power of a home rule municipality
26to regulate that sale and delivery.

 

 

HB3855 Engrossed- 1029 -LRB100 05985 AMC 16014 b

1    Alcoholic liquors may be sold or delivered in any building
2situated on land held in trust for any school district
3organized under Article 34 of the School Code, if the building
4is not used for school purposes and if the sale or delivery is
5approved by the board of education.
6    Alcoholic liquors may be delivered to and sold at retail in
7any building owned by a public library district, provided that
8the delivery and sale is approved by the board of trustees of
9that public library district and is limited to library
10fundraising events or programs of a cultural or educational
11nature. Before the board of trustees of a public library
12district may approve the delivery and sale of alcoholic
13liquors, the board of trustees of the public library district
14must have a written policy that has been approved by the board
15of trustees of the public library district governing when and
16under what circumstances alcoholic liquors may be delivered to
17and sold at retail on property owned by that public library
18district. The written policy must (i) provide that no alcoholic
19liquor may be sold, distributed, or consumed in any area of the
20library accessible to the general public during the event or
21program, (ii) prohibit the removal of alcoholic liquor from the
22venue during the event, and (iii) require that steps be taken
23to prevent the sale or distribution of alcoholic liquor to
24persons under the age of 21. Any public library district that
25has alcoholic liquor delivered to or sold at retail on property
26owned by the public library district shall provide dram shop

 

 

HB3855 Engrossed- 1030 -LRB100 05985 AMC 16014 b

1liability insurance in maximum insurance coverage limits so as
2to save harmless the public library districts from all
3financial loss, damage, or harm.
4    Alcoholic liquors may be sold or delivered in buildings
5owned by the Community Building Complex Committee of Boone
6County, Illinois if the person or facility selling or
7dispensing the alcoholic liquor has provided dram shop
8liability insurance with coverage and in amounts that the
9Committee reasonably determines are necessary.
10    Alcoholic liquors may be sold or delivered in the building
11located at 1200 Centerville Avenue in Belleville, Illinois and
12occupied by either the Belleville Area Special Education
13District or the Belleville Area Special Services Cooperative.
14    Alcoholic liquors may be delivered to and sold at the Louis
15Joliet Renaissance Center, City Center Campus, located at 214
16N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
17Department facilities, Main Campus, located at 1215 Houbolt
18Road, Joliet, owned by or under the control of Joliet Junior
19College, Illinois Community College District No. 525.
20    Alcoholic liquors may be delivered to and sold at Triton
21College, Illinois Community College District No. 504.
22    Alcoholic liquors may be delivered to and sold at the
23College of DuPage, Illinois Community College District No. 502.
24    Alcoholic liquors may be delivered to and sold on any
25property owned, operated, or controlled by Lewis and Clark
26Community College, Illinois Community College District No.

 

 

HB3855 Engrossed- 1031 -LRB100 05985 AMC 16014 b

1536.
2    Alcoholic liquors may be delivered to and sold at the
3building located at 446 East Hickory Avenue in Apple River,
4Illinois, owned by the Apple River Fire Protection District,
5and occupied by the Apple River Community Association if the
6alcoholic liquor is sold or dispensed only in connection with
7organized functions approved by the Apple River Community
8Association for which the planned attendance is 20 or more
9persons and if the person or facility selling or dispensing the
10alcoholic liquor has provided dram shop liability insurance in
11maximum limits so as to hold harmless the Apple River Fire
12Protection District, the Village of Apple River, and the Apple
13River Community Association from all financial loss, damage,
14and harm.
15    Alcoholic liquors may be delivered to and sold at the Sikia
16Restaurant, Kennedy King College Campus, located at 740 West
1763rd Street, Chicago, and at the Food Services in the Great
18Hall/Washburne Culinary Institute Department facility, Kennedy
19King College Campus, located at 740 West 63rd Street, Chicago,
20owned by or under the control of City Colleges of Chicago,
21Illinois Community College District No. 508.
22(Source: P.A. 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692,
23eff. 7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14;
2499-78, eff. 7-20-15; 99-484, eff. 10-30-15; 99-550, eff.
257-15-16; 99-559, eff. 7-15-16; 99-795, eff. 8-12-16; revised
269-16-16.)
 

 

 

HB3855 Engrossed- 1032 -LRB100 05985 AMC 16014 b

1    (235 ILCS 5/6-28.5)
2    Sec. 6-28.5. Permitted happy hours and meal packages, party
3packages, and entertainment packages.
4    (a) As used in this Section:
5    "Dedicated event space" means a room or rooms or other
6clearly delineated space within a retail licensee's premises
7that is reserved for the exclusive use of party package
8invitees during the entirety of a party package. Furniture,
9stanchions and ropes, or other room dividers may be used to
10clearly delineate a dedicated event space.
11    "Meal package" means a food and beverage package, which may
12or may not include entertainment, where the service of
13alcoholic liquor is an accompaniment to the food, including,
14but not limited to, a meal, tour, tasting, or any combination
15thereof for a fixed price by a retail licensee or any other
16licensee operating within a sports facility, restaurant,
17winery, brewery, or distillery.
18    "Party package" means a private party, function, or event
19for a specific social or business occasion, either arranged by
20invitation or reservation for a defined number of individuals,
21that is not open to the general public and where attendees are
22served both food and alcohol for a fixed price in a dedicated
23event space.
24    (b) A retail licensee may:
25        (1) offer free food or entertainment at any time;

 

 

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1        (2) include drinks of alcoholic liquor as part of a
2    meal package;
3        (3) sell or offer for sale a party package only if the
4    retail licensee:
5            (A) offers food in the dedicated event space;
6            (B) limits the party package to no more than 3
7        hours;
8            (C) distributes wristbands, lanyards, shirts, or
9        any other such wearable items to identify party package
10        attendees so the attendees may be granted access to the
11        dedicated event space; and
12            (D) excludes individuals not participating in the
13        party package from the dedicated event space;
14        (4) include drinks of alcoholic liquor as part of a
15    hotel package;
16        (5) negotiate drinks of alcoholic liquor as part of a
17    hotel package;
18        (6) provide room service to persons renting rooms at a
19    hotel;
20        (7) sell pitchers (or the equivalent, including, but
21    not limited to, buckets of bottled beer), carafes, or
22    bottles of alcoholic liquor which are customarily sold in
23    such manner, or sell bottles of spirits;
24        (8) advertise events permitted under this Section;
25        (9) include drinks of alcoholic liquor as part of an
26    entertainment package where the licensee is separately

 

 

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1    licensed by a municipal ordinance that (A) restricts dates
2    of operation to dates during which there is an event at an
3    adjacent stadium, (B) restricts hours of serving alcoholic
4    liquor to 2 hours before the event and one hour after the
5    event, (C) restricts alcoholic liquor sales to beer and
6    wine, (D) requires tickets for admission to the
7    establishment, and (E) prohibits sale of admission tickets
8    on the day of an event and permits the sale of admission
9    tickets for single events only; and
10        (10) discount any drink of alcoholic liquor during a
11    specified time period only if:
12            (A) the price of the drink of alcoholic liquor is
13        not changed during the time that it is discounted;
14            (B) the period of time during which any drink of
15        alcoholic liquor is discounted does not exceed 4 hours
16        per day and 15 hours per week; however, this period of
17        time is not required to be consecutive and may be
18        divided by the licensee in any manner;
19            (C) the drink of alcoholic liquor is not discounted
20        between the hours of 10:00 p.m. and the licensed
21        premises' closing hour; and
22            (D) notice of the discount of the drink of
23        alcoholic liquor during a specified time is posted on
24        the licensed premises or on the licensee's publicly
25        available website at least 7 days prior to the
26        specified time.

 

 

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1    (c) (b) A violation of this Section shall be grounds for
2suspension or revocation of the retailer's license as provided
3by this Act. The State Commission may not enforce any trade
4practice policy or other rule that was not adopted in
5accordance with the Illinois Administrative Procedure Act.
6    (d) (c) All licensees affected by this Section must also
7comply with Sections 6-16, 6-21, and 6-27.1 of this Act.
8(Source: P.A. 99-46, eff. 7-15-15; revised 9-13-16.)
 
9    Section 575. The Illinois Public Aid Code is amended by
10changing Sections 4-1.7, 5-5, 5-30.1, 10-15.1, 10-17.3,
1110-17.14, 10-24.50, 11-9, 12-4.42, 16-2, and 16-5 and by
12setting forth and renumbering multiple versions of Section
135-30.3 as follows:
 
14    (305 ILCS 5/4-1.7)  (from Ch. 23, par. 4-1.7)
15    Sec. 4-1.7. Enforcement of Parental Child Support
16Obligation. If the parent or parents of the child are failing
17to meet or are delinquent in their legal obligation to support
18the child, the parent or other person having custody of the
19child or the Department of Healthcare and Family Services may
20request the law enforcement officer authorized or directed by
21law to so act to file an action for the enforcement of such
22remedies as the law provides for the fulfillment of the child
23support obligation.
24    If a parent has a judicial remedy against the other parent

 

 

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1to compel child support, or if, as the result of an action
2initiated by or in behalf of one parent against the other, a
3child support order has been entered in respect to which there
4is noncompliance or delinquency, or where the order so entered
5may be changed upon petition to the court to provide additional
6support, the parent or other person having custody of the child
7or the Department of Healthcare and Family Services may request
8the appropriate law enforcement officer to seek enforcement of
9the remedy, or of the support order, or a change therein to
10provide additional support. If the law enforcement officer is
11not authorized by law to so act in these instances, the parent,
12or if so authorized by law the other person having custody of
13the child, or the Department of Healthcare and Family Services
14may initiate an action to enforce these remedies.
15    A parent or other person having custody of the child must
16comply with the requirements of Title IV of the federal Social
17Security Act, and the regulations duly promulgated thereunder,
18and any rules promulgated by the Illinois Department regarding
19enforcement of the child support obligation. The Department of
20Healthcare and Family Services and the Department of Human
21Services may provide by rule for the grant or continuation of
22aid to the person for a temporary period if he or she accepts
23counseling or other services designed to increase his or her
24motivation to seek enforcement of the child support obligation.
25    In addition to any other definition of failure or refusal
26to comply with the requirements of Title IV of the federal

 

 

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1Social Security Act, or Illinois Department rule, in the case
2of failure to attend court hearings, the parent or other person
3can show cooperation by attending a court hearing or, if a
4court hearing cannot be scheduled within 14 days following the
5court hearing that was missed, by signing a statement that the
6parent or other person is now willing to cooperate in the child
7support enforcement process and will appear at any later
8scheduled court date. The parent or other person can show
9cooperation by signing such a statement only once. If failure
10to attend the court hearing or other failure to cooperate
11results in the case being dismissed, such a statement may be
12signed after 2 months.
13    No denial or termination of medical assistance pursuant to
14this Section shall commence during pregnancy of the parent or
15other person having custody of the child or for 30 days after
16the termination of such pregnancy. The termination of medical
17assistance may commence thereafter if the Department of
18Healthcare and Family Services determines that the failure or
19refusal to comply with this Section persists. Postponement of
20denial or termination of medical assistance during pregnancy
21under this paragraph shall be effective only to the extent it
22does not conflict with federal law or regulation.
23    Any evidence a parent or other person having custody of the
24child gives in order to comply with the requirements of this
25Section shall not render him or her liable to prosecution under
26Section 11-35 or 11-40 of the Criminal Code of 2012.

 

 

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1    When so requested, the Department of Healthcare and Family
2Services and the Department of Human Services shall provide
3such services and assistance as the law enforcement officer may
4require in connection with the filing of any action hereunder.
5    The Department of Healthcare and Family Services and the
6Department of Human Services, as an expense of administration,
7may also provide applicants for and recipients of aid with such
8services and assistance, including assumption of the
9reasonable costs of prosecuting any action or proceeding, as
10may be necessary to enable them to enforce the child support
11liability required hereunder.
12    Nothing in this Section shall be construed as a requirement
13that an applicant or recipient file an action for dissolution
14of marriage against his or her spouse.
15(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
16revised 9-12-16.)
 
17    (305 ILCS 5/5-5)  (from Ch. 23, par. 5-5)
18    Sec. 5-5. Medical services. The Illinois Department, by
19rule, shall determine the quantity and quality of and the rate
20of reimbursement for the medical assistance for which payment
21will be authorized, and the medical services to be provided,
22which may include all or part of the following: (1) inpatient
23hospital services; (2) outpatient hospital services; (3) other
24laboratory and X-ray services; (4) skilled nursing home
25services; (5) physicians' services whether furnished in the

 

 

HB3855 Engrossed- 1039 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 1040 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 1041 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 1042 -LRB100 05985 AMC 16014 b

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

 

 

HB3855 Engrossed- 1043 -LRB100 05985 AMC 16014 b

1for reimbursement for covered dental services rendered under
2this provision.
3    The Illinois Department, by rule, may distinguish and
4classify the medical services to be provided only in accordance
5with the classes of persons designated in Section 5-2.
6    The Department of Healthcare and Family Services must
7provide coverage and reimbursement for amino acid-based
8elemental formulas, regardless of delivery method, for the
9diagnosis and treatment of (i) eosinophilic disorders and (ii)
10short bowel syndrome when the prescribing physician has issued
11a written order stating that the amino acid-based elemental
12formula is medically necessary.
13    The Illinois Department shall authorize the provision of,
14and shall authorize payment for, screening by low-dose
15mammography for the presence of occult breast cancer for women
1635 years of age or older who are eligible for medical
17assistance under this Article, as follows:
18        (A) A baseline mammogram for women 35 to 39 years of
19    age.
20        (B) An annual mammogram for women 40 years of age or
21    older.
22        (C) A mammogram at the age and intervals considered
23    medically necessary by the woman's health care provider for
24    women under 40 years of age and having a family history of
25    breast cancer, prior personal history of breast cancer,
26    positive genetic testing, or other risk factors.

 

 

HB3855 Engrossed- 1044 -LRB100 05985 AMC 16014 b

1        (D) A comprehensive ultrasound screening of an entire
2    breast or breasts if a mammogram demonstrates
3    heterogeneous or dense breast tissue, when medically
4    necessary as determined by a physician licensed to practice
5    medicine in all of its branches.
6        (E) A screening MRI when medically necessary, as
7    determined by a physician licensed to practice medicine in
8    all of its branches.
9    All screenings shall include a physical breast exam,
10instruction on self-examination and information regarding the
11frequency of self-examination and its value as a preventative
12tool. For purposes of this Section, "low-dose mammography"
13means the x-ray examination of the breast using equipment
14dedicated specifically for mammography, including the x-ray
15tube, filter, compression device, and image receptor, with an
16average radiation exposure delivery of less than one rad per
17breast for 2 views of an average size breast. The term also
18includes digital mammography and includes breast
19tomosynthesis. As used in this Section, the term "breast
20tomosynthesis" means a radiologic procedure that involves the
21acquisition of projection images over the stationary breast to
22produce cross-sectional digital three-dimensional images of
23the breast. If, at any time, the Secretary of the United States
24Department of Health and Human Services, or its successor
25agency, promulgates rules or regulations to be published in the
26Federal Register or publishes a comment in the Federal Register

 

 

HB3855 Engrossed- 1045 -LRB100 05985 AMC 16014 b

1or issues an opinion, guidance, or other action that would
2require the State, pursuant to any provision of the Patient
3Protection and Affordable Care Act (Public Law 111-148),
4including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
5successor provision, to defray the cost of any coverage for
6breast tomosynthesis outlined in this paragraph, then the
7requirement that an insurer cover breast tomosynthesis is
8inoperative other than any such coverage authorized under
9Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
10the State shall not assume any obligation for the cost of
11coverage for breast tomosynthesis set forth in this paragraph.
12    On and after January 1, 2016, the Department shall ensure
13that all networks of care for adult clients of the Department
14include access to at least one breast imaging Center of Imaging
15Excellence as certified by the American College of Radiology.
16    On and after January 1, 2012, providers participating in a
17quality improvement program approved by the Department shall be
18reimbursed for screening and diagnostic mammography at the same
19rate as the Medicare program's rates, including the increased
20reimbursement for digital mammography.
21    The Department shall convene an expert panel including
22representatives of hospitals, free-standing mammography
23facilities, and doctors, including radiologists, to establish
24quality standards for mammography.
25    On and after January 1, 2017, providers participating in a
26breast cancer treatment quality improvement program approved

 

 

HB3855 Engrossed- 1046 -LRB100 05985 AMC 16014 b

1by the Department shall be reimbursed for breast cancer
2treatment at a rate that is no lower than 95% of the Medicare
3program's rates for the data elements included in the breast
4cancer treatment quality program.
5    The Department shall convene an expert panel, including
6representatives of hospitals, free standing breast cancer
7treatment centers, breast cancer quality organizations, and
8doctors, including breast surgeons, reconstructive breast
9surgeons, oncologists, and primary care providers to establish
10quality standards for breast cancer treatment.
11    Subject to federal approval, the Department shall
12establish a rate methodology for mammography at federally
13qualified health centers and other encounter-rate clinics.
14These clinics or centers may also collaborate with other
15hospital-based mammography facilities. By January 1, 2016, the
16Department shall report to the General Assembly on the status
17of the provision set forth in this paragraph.
18    The Department shall establish a methodology to remind
19women who are age-appropriate for screening mammography, but
20who have not received a mammogram within the previous 18
21months, of the importance and benefit of screening mammography.
22The Department shall work with experts in breast cancer
23outreach and patient navigation to optimize these reminders and
24shall establish a methodology for evaluating their
25effectiveness and modifying the methodology based on the
26evaluation.

 

 

HB3855 Engrossed- 1047 -LRB100 05985 AMC 16014 b

1    The Department shall establish a performance goal for
2primary care providers with respect to their female patients
3over age 40 receiving an annual mammogram. This performance
4goal shall be used to provide additional reimbursement in the
5form of a quality performance bonus to primary care providers
6who meet that goal.
7    The Department shall devise a means of case-managing or
8patient navigation for beneficiaries diagnosed with breast
9cancer. This program shall initially operate as a pilot program
10in areas of the State with the highest incidence of mortality
11related to breast cancer. At least one pilot program site shall
12be in the metropolitan Chicago area and at least one site shall
13be outside the metropolitan Chicago area. On or after July 1,
142016, the pilot program shall be expanded to include one site
15in western Illinois, one site in southern Illinois, one site in
16central Illinois, and 4 sites within metropolitan Chicago. An
17evaluation of the pilot program shall be carried out measuring
18health outcomes and cost of care for those served by the pilot
19program compared to similarly situated patients who are not
20served by the pilot program.
21    The Department shall require all networks of care to
22develop a means either internally or by contract with experts
23in navigation and community outreach to navigate cancer
24patients to comprehensive care in a timely fashion. The
25Department shall require all networks of care to include access
26for patients diagnosed with cancer to at least one academic

 

 

HB3855 Engrossed- 1048 -LRB100 05985 AMC 16014 b

1commission on cancer-accredited cancer program as an
2in-network covered benefit.
3    Any medical or health care provider shall immediately
4recommend, to any pregnant woman who is being provided prenatal
5services and is suspected of drug abuse or is addicted as
6defined in the Alcoholism and Other Drug Abuse and Dependency
7Act, referral to a local substance abuse treatment provider
8licensed by the Department of Human Services or to a licensed
9hospital which provides substance abuse treatment services.
10The Department of Healthcare and Family Services shall assure
11coverage for the cost of treatment of the drug abuse or
12addiction for pregnant recipients in accordance with the
13Illinois Medicaid Program in conjunction with the Department of
14Human Services.
15    All medical providers providing medical assistance to
16pregnant women under this Code shall receive information from
17the Department on the availability of services under the Drug
18Free Families with a Future or any comparable program providing
19case management services for addicted women, including
20information on appropriate referrals for other social services
21that may be needed by addicted women in addition to treatment
22for addiction.
23    The Illinois Department, in cooperation with the
24Departments of Human Services (as successor to the Department
25of Alcoholism and Substance Abuse) and Public Health, through a
26public awareness campaign, may provide information concerning

 

 

HB3855 Engrossed- 1049 -LRB100 05985 AMC 16014 b

1treatment for alcoholism and drug abuse and addiction, prenatal
2health care, and other pertinent programs directed at reducing
3the number of drug-affected infants born to recipients of
4medical assistance.
5    Neither the Department of Healthcare and Family Services
6nor the Department of Human Services shall sanction the
7recipient solely on the basis of her substance abuse.
8    The Illinois Department shall establish such regulations
9governing the dispensing of health services under this Article
10as it shall deem appropriate. The Department should seek the
11advice of formal professional advisory committees appointed by
12the Director of the Illinois Department for the purpose of
13providing regular advice on policy and administrative matters,
14information dissemination and educational activities for
15medical and health care providers, and consistency in
16procedures to the Illinois Department.
17    The Illinois Department may develop and contract with
18Partnerships of medical providers to arrange medical services
19for persons eligible under Section 5-2 of this Code.
20Implementation of this Section may be by demonstration projects
21in certain geographic areas. The Partnership shall be
22represented by a sponsor organization. The Department, by rule,
23shall develop qualifications for sponsors of Partnerships.
24Nothing in this Section shall be construed to require that the
25sponsor organization be a medical organization.
26    The sponsor must negotiate formal written contracts with

 

 

HB3855 Engrossed- 1050 -LRB100 05985 AMC 16014 b

1medical providers for physician services, inpatient and
2outpatient hospital care, home health services, treatment for
3alcoholism and substance abuse, and other services determined
4necessary by the Illinois Department by rule for delivery by
5Partnerships. Physician services must include prenatal and
6obstetrical care. The Illinois Department shall reimburse
7medical services delivered by Partnership providers to clients
8in target areas according to provisions of this Article and the
9Illinois Health Finance Reform Act, except that:
10        (1) Physicians participating in a Partnership and
11    providing certain services, which shall be determined by
12    the Illinois Department, to persons in areas covered by the
13    Partnership may receive an additional surcharge for such
14    services.
15        (2) The Department may elect to consider and negotiate
16    financial incentives to encourage the development of
17    Partnerships and the efficient delivery of medical care.
18        (3) Persons receiving medical services through
19    Partnerships may receive medical and case management
20    services above the level usually offered through the
21    medical assistance program.
22    Medical providers shall be required to meet certain
23qualifications to participate in Partnerships to ensure the
24delivery of high quality medical services. These
25qualifications shall be determined by rule of the Illinois
26Department and may be higher than qualifications for

 

 

HB3855 Engrossed- 1051 -LRB100 05985 AMC 16014 b

1participation in the medical assistance program. Partnership
2sponsors may prescribe reasonable additional qualifications
3for participation by medical providers, only with the prior
4written approval of the Illinois Department.
5    Nothing in this Section shall limit the free choice of
6practitioners, hospitals, and other providers of medical
7services by clients. In order to ensure patient freedom of
8choice, the Illinois Department shall immediately promulgate
9all rules and take all other necessary actions so that provided
10services may be accessed from therapeutically certified
11optometrists to the full extent of the Illinois Optometric
12Practice Act of 1987 without discriminating between service
13providers.
14    The Department shall apply for a waiver from the United
15States Health Care Financing Administration to allow for the
16implementation of Partnerships under this Section.
17    The Illinois Department shall require health care
18providers to maintain records that document the medical care
19and services provided to recipients of Medical Assistance under
20this Article. Such records must be retained for a period of not
21less than 6 years from the date of service or as provided by
22applicable State law, whichever period is longer, except that
23if an audit is initiated within the required retention period
24then the records must be retained until the audit is completed
25and every exception is resolved. The Illinois Department shall
26require health care providers to make available, when

 

 

HB3855 Engrossed- 1052 -LRB100 05985 AMC 16014 b

1authorized by the patient, in writing, the medical records in a
2timely fashion to other health care providers who are treating
3or serving persons eligible for Medical Assistance under this
4Article. All dispensers of medical services shall be required
5to maintain and retain business and professional records
6sufficient to fully and accurately document the nature, scope,
7details and receipt of the health care provided to persons
8eligible for medical assistance under this Code, in accordance
9with regulations promulgated by the Illinois Department. The
10rules and regulations shall require that proof of the receipt
11of prescription drugs, dentures, prosthetic devices and
12eyeglasses by eligible persons under this Section accompany
13each claim for reimbursement submitted by the dispenser of such
14medical services. No such claims for reimbursement shall be
15approved for payment by the Illinois Department without such
16proof of receipt, unless the Illinois Department shall have put
17into effect and shall be operating a system of post-payment
18audit and review which shall, on a sampling basis, be deemed
19adequate by the Illinois Department to assure that such drugs,
20dentures, prosthetic devices and eyeglasses for which payment
21is being made are actually being received by eligible
22recipients. Within 90 days after September 16, 1984 (the
23effective date of Public Act 83-1439), the Illinois Department
24shall establish a current list of acquisition costs for all
25prosthetic devices and any other items recognized as medical
26equipment and supplies reimbursable under this Article and

 

 

HB3855 Engrossed- 1053 -LRB100 05985 AMC 16014 b

1shall update such list on a quarterly basis, except that the
2acquisition costs of all prescription drugs shall be updated no
3less frequently than every 30 days as required by Section
45-5.12.
5    The rules and regulations of the Illinois Department shall
6require that a written statement including the required opinion
7of a physician shall accompany any claim for reimbursement for
8abortions, or induced miscarriages or premature births. This
9statement shall indicate what procedures were used in providing
10such medical services.
11    Notwithstanding any other law to the contrary, the Illinois
12Department shall, within 365 days after July 22, 2013 (the
13effective date of Public Act 98-104), establish procedures to
14permit skilled care facilities licensed under the Nursing Home
15Care Act to submit monthly billing claims for reimbursement
16purposes. Following development of these procedures, the
17Department shall, by July 1, 2016, test the viability of the
18new system and implement any necessary operational or
19structural changes to its information technology platforms in
20order to allow for the direct acceptance and payment of nursing
21home claims.
22    Notwithstanding any other law to the contrary, the Illinois
23Department shall, within 365 days after August 15, 2014 (the
24effective date of Public Act 98-963), establish procedures to
25permit ID/DD facilities licensed under the ID/DD Community Care
26Act and MC/DD facilities licensed under the MC/DD Act to submit

 

 

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1monthly billing claims for reimbursement purposes. Following
2development of these procedures, the Department shall have an
3additional 365 days to test the viability of the new system and
4to ensure that any necessary operational or structural changes
5to its information technology platforms are implemented.
6    The Illinois Department shall require all dispensers of
7medical services, other than an individual practitioner or
8group of practitioners, desiring to participate in the Medical
9Assistance program established under this Article to disclose
10all financial, beneficial, ownership, equity, surety or other
11interests in any and all firms, corporations, partnerships,
12associations, business enterprises, joint ventures, agencies,
13institutions or other legal entities providing any form of
14health care services in this State under this Article.
15    The Illinois Department may require that all dispensers of
16medical services desiring to participate in the medical
17assistance program established under this Article disclose,
18under such terms and conditions as the Illinois Department may
19by rule establish, all inquiries from clients and attorneys
20regarding medical bills paid by the Illinois Department, which
21inquiries could indicate potential existence of claims or liens
22for the Illinois Department.
23    Enrollment of a vendor shall be subject to a provisional
24period and shall be conditional for one year. During the period
25of conditional enrollment, the Department may terminate the
26vendor's eligibility to participate in, or may disenroll the

 

 

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1vendor from, the medical assistance program without cause.
2Unless otherwise specified, such termination of eligibility or
3disenrollment is not subject to the Department's hearing
4process. However, a disenrolled vendor may reapply without
5penalty.
6    The Department has the discretion to limit the conditional
7enrollment period for vendors based upon category of risk of
8the vendor.
9    Prior to enrollment and during the conditional enrollment
10period in the medical assistance program, all vendors shall be
11subject to enhanced oversight, screening, and review based on
12the risk of fraud, waste, and abuse that is posed by the
13category of risk of the vendor. The Illinois Department shall
14establish the procedures for oversight, screening, and review,
15which may include, but need not be limited to: criminal and
16financial background checks; fingerprinting; license,
17certification, and authorization verifications; unscheduled or
18unannounced site visits; database checks; prepayment audit
19reviews; audits; payment caps; payment suspensions; and other
20screening as required by federal or State law.
21    The Department shall define or specify the following: (i)
22by provider notice, the "category of risk of the vendor" for
23each type of vendor, which shall take into account the level of
24screening applicable to a particular category of vendor under
25federal law and regulations; (ii) by rule or provider notice,
26the maximum length of the conditional enrollment period for

 

 

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1each category of risk of the vendor; and (iii) by rule, the
2hearing rights, if any, afforded to a vendor in each category
3of risk of the vendor that is terminated or disenrolled during
4the conditional enrollment period.
5    To be eligible for payment consideration, a vendor's
6payment claim or bill, either as an initial claim or as a
7resubmitted claim following prior rejection, must be received
8by the Illinois Department, or its fiscal intermediary, no
9later than 180 days after the latest date on the claim on which
10medical goods or services were provided, with the following
11exceptions:
12        (1) In the case of a provider whose enrollment is in
13    process by the Illinois Department, the 180-day period
14    shall not begin until the date on the written notice from
15    the Illinois Department that the provider enrollment is
16    complete.
17        (2) In the case of errors attributable to the Illinois
18    Department or any of its claims processing intermediaries
19    which result in an inability to receive, process, or
20    adjudicate a claim, the 180-day period shall not begin
21    until the provider has been notified of the error.
22        (3) In the case of a provider for whom the Illinois
23    Department initiates the monthly billing process.
24        (4) In the case of a provider operated by a unit of
25    local government with a population exceeding 3,000,000
26    when local government funds finance federal participation

 

 

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1    for claims payments.
2    For claims for services rendered during a period for which
3a recipient received retroactive eligibility, claims must be
4filed within 180 days after the Department determines the
5applicant is eligible. For claims for which the Illinois
6Department is not the primary payer, claims must be submitted
7to the Illinois Department within 180 days after the final
8adjudication by the primary payer.
9    In the case of long term care facilities, within 5 days of
10receipt by the facility of required prescreening information,
11data for new admissions shall be entered into the Medical
12Electronic Data Interchange (MEDI) or the Recipient
13Eligibility Verification (REV) System or successor system, and
14within 15 days of receipt by the facility of required
15prescreening information, admission documents shall be
16submitted through MEDI or REV or shall be submitted directly to
17the Department of Human Services using required admission
18forms. Effective September 1, 2014, admission documents,
19including all prescreening information, must be submitted
20through MEDI or REV. Confirmation numbers assigned to an
21accepted transaction shall be retained by a facility to verify
22timely submittal. Once an admission transaction has been
23completed, all resubmitted claims following prior rejection
24are subject to receipt no later than 180 days after the
25admission transaction has been completed.
26    Claims that are not submitted and received in compliance

 

 

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1with the foregoing requirements shall not be eligible for
2payment under the medical assistance program, and the State
3shall have no liability for payment of those claims.
4    To the extent consistent with applicable information and
5privacy, security, and disclosure laws, State and federal
6agencies and departments shall provide the Illinois Department
7access to confidential and other information and data necessary
8to perform eligibility and payment verifications and other
9Illinois Department functions. This includes, but is not
10limited to: information pertaining to licensure;
11certification; earnings; immigration status; citizenship; wage
12reporting; unearned and earned income; pension income;
13employment; supplemental security income; social security
14numbers; National Provider Identifier (NPI) numbers; the
15National Practitioner Data Bank (NPDB); program and agency
16exclusions; taxpayer identification numbers; tax delinquency;
17corporate information; and death records.
18    The Illinois Department shall enter into agreements with
19State agencies and departments, and is authorized to enter into
20agreements with federal agencies and departments, under which
21such agencies and departments shall share data necessary for
22medical assistance program integrity functions and oversight.
23The Illinois Department shall develop, in cooperation with
24other State departments and agencies, and in compliance with
25applicable federal laws and regulations, appropriate and
26effective methods to share such data. At a minimum, and to the

 

 

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1extent necessary to provide data sharing, the Illinois
2Department shall enter into agreements with State agencies and
3departments, and is authorized to enter into agreements with
4federal agencies and departments, including but not limited to:
5the Secretary of State; the Department of Revenue; the
6Department of Public Health; the Department of Human Services;
7and the Department of Financial and Professional Regulation.
8    Beginning in fiscal year 2013, the Illinois Department
9shall set forth a request for information to identify the
10benefits of a pre-payment, post-adjudication, and post-edit
11claims system with the goals of streamlining claims processing
12and provider reimbursement, reducing the number of pending or
13rejected claims, and helping to ensure a more transparent
14adjudication process through the utilization of: (i) provider
15data verification and provider screening technology; and (ii)
16clinical code editing; and (iii) pre-pay, pre- or
17post-adjudicated predictive modeling with an integrated case
18management system with link analysis. Such a request for
19information shall not be considered as a request for proposal
20or as an obligation on the part of the Illinois Department to
21take any action or acquire any products or services.
22    The Illinois Department shall establish policies,
23procedures, standards and criteria by rule for the acquisition,
24repair and replacement of orthotic and prosthetic devices and
25durable medical equipment. Such rules shall provide, but not be
26limited to, the following services: (1) immediate repair or

 

 

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1replacement of such devices by recipients; and (2) rental,
2lease, purchase or lease-purchase of durable medical equipment
3in a cost-effective manner, taking into consideration the
4recipient's medical prognosis, the extent of the recipient's
5needs, and the requirements and costs for maintaining such
6equipment. Subject to prior approval, such rules shall enable a
7recipient to temporarily acquire and use alternative or
8substitute devices or equipment pending repairs or
9replacements of any device or equipment previously authorized
10for such recipient by the Department. Notwithstanding any
11provision of Section 5-5f to the contrary, the Department may,
12by rule, exempt certain replacement wheelchair parts from prior
13approval and, for wheelchairs, wheelchair parts, wheelchair
14accessories, and related seating and positioning items,
15determine the wholesale price by methods other than actual
16acquisition costs.
17    The Department shall require, by rule, all providers of
18durable medical equipment to be accredited by an accreditation
19organization approved by the federal Centers for Medicare and
20Medicaid Services and recognized by the Department in order to
21bill the Department for providing durable medical equipment to
22recipients. No later than 15 months after the effective date of
23the rule adopted pursuant to this paragraph, all providers must
24meet the accreditation requirement.
25    The Department shall execute, relative to the nursing home
26prescreening project, written inter-agency agreements with the

 

 

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1Department of Human Services and the Department on Aging, to
2effect the following: (i) intake procedures and common
3eligibility criteria for those persons who are receiving
4non-institutional services; and (ii) the establishment and
5development of non-institutional services in areas of the State
6where they are not currently available or are undeveloped; and
7(iii) notwithstanding any other provision of law, subject to
8federal approval, on and after July 1, 2012, an increase in the
9determination of need (DON) scores from 29 to 37 for applicants
10for institutional and home and community-based long term care;
11if and only if federal approval is not granted, the Department
12may, in conjunction with other affected agencies, implement
13utilization controls or changes in benefit packages to
14effectuate a similar savings amount for this population; and
15(iv) no later than July 1, 2013, minimum level of care
16eligibility criteria for institutional and home and
17community-based long term care; and (v) no later than October
181, 2013, establish procedures to permit long term care
19providers access to eligibility scores for individuals with an
20admission date who are seeking or receiving services from the
21long term care provider. In order to select the minimum level
22of care eligibility criteria, the Governor shall establish a
23workgroup that includes affected agency representatives and
24stakeholders representing the institutional and home and
25community-based long term care interests. This Section shall
26not restrict the Department from implementing lower level of

 

 

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1care eligibility criteria for community-based services in
2circumstances where federal approval has been granted.
3    The Illinois Department shall develop and operate, in
4cooperation with other State Departments and agencies and in
5compliance with applicable federal laws and regulations,
6appropriate and effective systems of health care evaluation and
7programs for monitoring of utilization of health care services
8and facilities, as it affects persons eligible for medical
9assistance under this Code.
10    The Illinois Department shall report annually to the
11General Assembly, no later than the second Friday in April of
121979 and each year thereafter, in regard to:
13        (a) actual statistics and trends in utilization of
14    medical services by public aid recipients;
15        (b) actual statistics and trends in the provision of
16    the various medical services by medical vendors;
17        (c) current rate structures and proposed changes in
18    those rate structures for the various medical vendors; and
19        (d) efforts at utilization review and control by the
20    Illinois Department.
21    The period covered by each report shall be the 3 years
22ending on the June 30 prior to the report. The report shall
23include suggested legislation for consideration by the General
24Assembly. The filing of one copy of the report with the
25Speaker, one copy with the Minority Leader and one copy with
26the Clerk of the House of Representatives, one copy with the

 

 

HB3855 Engrossed- 1063 -LRB100 05985 AMC 16014 b

1President, one copy with the Minority Leader and one copy with
2the Secretary of the Senate, one copy with the Legislative
3Research Unit, and such additional copies with the State
4Government Report Distribution Center for the General Assembly
5as is required under paragraph (t) of Section 7 of the State
6Library Act shall be deemed sufficient to comply with this
7Section.
8    Rulemaking authority to implement Public Act 95-1045, if
9any, is conditioned on the rules being adopted in accordance
10with all provisions of the Illinois Administrative Procedure
11Act and all rules and procedures of the Joint Committee on
12Administrative Rules; any purported rule not so adopted, for
13whatever reason, is unauthorized.
14    On and after July 1, 2012, the Department shall reduce any
15rate of reimbursement for services or other payments or alter
16any methodologies authorized by this Code to reduce any rate of
17reimbursement for services or other payments in accordance with
18Section 5-5e.
19    Because kidney transplantation can be an appropriate, cost
20effective alternative to renal dialysis when medically
21necessary and notwithstanding the provisions of Section 1-11 of
22this Code, beginning October 1, 2014, the Department shall
23cover kidney transplantation for noncitizens with end-stage
24renal disease who are not eligible for comprehensive medical
25benefits, who meet the residency requirements of Section 5-3 of
26this Code, and who would otherwise meet the financial

 

 

HB3855 Engrossed- 1064 -LRB100 05985 AMC 16014 b

1requirements of the appropriate class of eligible persons under
2Section 5-2 of this Code. To qualify for coverage of kidney
3transplantation, such person must be receiving emergency renal
4dialysis services covered by the Department. Providers under
5this Section shall be prior approved and certified by the
6Department to perform kidney transplantation and the services
7under this Section shall be limited to services associated with
8kidney transplantation.
9    Notwithstanding any other provision of this Code to the
10contrary, on or after July 1, 2015, all FDA approved forms of
11medication assisted treatment prescribed for the treatment of
12alcohol dependence or treatment of opioid dependence shall be
13covered under both fee for service and managed care medical
14assistance programs for persons who are otherwise eligible for
15medical assistance under this Article and shall not be subject
16to any (1) utilization control, other than those established
17under the American Society of Addiction Medicine patient
18placement criteria, (2) prior authorization mandate, or (3)
19lifetime restriction limit mandate.
20    On or after July 1, 2015, opioid antagonists prescribed for
21the treatment of an opioid overdose, including the medication
22product, administration devices, and any pharmacy fees related
23to the dispensing and administration of the opioid antagonist,
24shall be covered under the medical assistance program for
25persons who are otherwise eligible for medical assistance under
26this Article. As used in this Section, "opioid antagonist"

 

 

HB3855 Engrossed- 1065 -LRB100 05985 AMC 16014 b

1means a drug that binds to opioid receptors and blocks or
2inhibits the effect of opioids acting on those receptors,
3including, but not limited to, naloxone hydrochloride or any
4other similarly acting drug approved by the U.S. Food and Drug
5Administration.
6    Upon federal approval, the Department shall provide
7coverage and reimbursement for all drugs that are approved for
8marketing by the federal Food and Drug Administration and that
9are recommended by the federal Public Health Service or the
10United States Centers for Disease Control and Prevention for
11pre-exposure prophylaxis and related pre-exposure prophylaxis
12services, including, but not limited to, HIV and sexually
13transmitted infection screening, treatment for sexually
14transmitted infections, medical monitoring, assorted labs, and
15counseling to reduce the likelihood of HIV infection among
16individuals who are not infected with HIV but who are at high
17risk of HIV infection.
18(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;
1998-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.
208-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,
21eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;
2299-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-407 (see Section
2320 of P.A. 99-588 for the effective date of P.A. 99-407);
2499-433, eff. 8-21-15; 99-480, eff. 9-9-15; 99-588, eff.
257-20-16; 99-642, eff. 7-28-16; 99-772, eff. 1-1-17; 99-895,
26eff. 1-1-17; revised 9-20-16.)
 

 

 

HB3855 Engrossed- 1066 -LRB100 05985 AMC 16014 b

1    (305 ILCS 5/5-30.1)
2    Sec. 5-30.1. Managed care protections.
3    (a) As used in this Section:
4    "Managed care organization" or "MCO" means any entity which
5contracts with the Department to provide services where payment
6for medical services is made on a capitated basis.
7    "Emergency services" include:
8        (1) emergency services, as defined by Section 10 of the
9    Managed Care Reform and Patient Rights Act;
10        (2) emergency medical screening examinations, as
11    defined by Section 10 of the Managed Care Reform and
12    Patient Rights Act;
13        (3) post-stabilization medical services, as defined by
14    Section 10 of the Managed Care Reform and Patient Rights
15    Act; and
16        (4) emergency medical conditions, as defined by
17    Section 10 of the Managed Care Reform and Patient Rights
18    Act.
19    (b) As provided by Section 5-16.12, managed care
20organizations are subject to the provisions of the Managed Care
21Reform and Patient Rights Act.
22    (c) An MCO shall pay any provider of emergency services
23that does not have in effect a contract with the contracted
24Medicaid MCO. The default rate of reimbursement shall be the
25rate paid under Illinois Medicaid fee-for-service program

 

 

HB3855 Engrossed- 1067 -LRB100 05985 AMC 16014 b

1methodology, including all policy adjusters, including but not
2limited to Medicaid High Volume Adjustments, Medicaid
3Percentage Adjustments, Outpatient High Volume Adjustments,
4and all outlier add-on adjustments to the extent such
5adjustments are incorporated in the development of the
6applicable MCO capitated rates.
7    (d) An MCO shall pay for all post-stabilization services as
8a covered service in any of the following situations:
9        (1) the MCO authorized such services;
10        (2) such services were administered to maintain the
11    enrollee's stabilized condition within one hour after a
12    request to the MCO for authorization of further
13    post-stabilization services;
14        (3) the MCO did not respond to a request to authorize
15    such services within one hour;
16        (4) the MCO could not be contacted; or
17        (5) the MCO and the treating provider, if the treating
18    provider is a non-affiliated provider, could not reach an
19    agreement concerning the enrollee's care and an affiliated
20    provider was unavailable for a consultation, in which case
21    the MCO must pay for such services rendered by the treating
22    non-affiliated provider until an affiliated provider was
23    reached and either concurred with the treating
24    non-affiliated provider's plan of care or assumed
25    responsibility for the enrollee's care. Such payment shall
26    be made at the default rate of reimbursement paid under

 

 

HB3855 Engrossed- 1068 -LRB100 05985 AMC 16014 b

1    Illinois Medicaid fee-for-service program methodology,
2    including all policy adjusters, including but not limited
3    to Medicaid High Volume Adjustments, Medicaid Percentage
4    Adjustments, Outpatient High Volume Adjustments and all
5    outlier add-on adjustments to the extent that such
6    adjustments are incorporated in the development of the
7    applicable MCO capitated rates.
8    (e) The following requirements apply to MCOs in determining
9payment for all emergency services:
10        (1) MCOs shall not impose any requirements for prior
11    approval of emergency services.
12        (2) The MCO shall cover emergency services provided to
13    enrollees who are temporarily away from their residence and
14    outside the contracting area to the extent that the
15    enrollees would be entitled to the emergency services if
16    they still were within the contracting area.
17        (3) The MCO shall have no obligation to cover medical
18    services provided on an emergency basis that are not
19    covered services under the contract.
20        (4) The MCO shall not condition coverage for emergency
21    services on the treating provider notifying the MCO of the
22    enrollee's screening and treatment within 10 days after
23    presentation for emergency services.
24        (5) The determination of the attending emergency
25    physician, or the provider actually treating the enrollee,
26    of whether an enrollee is sufficiently stabilized for

 

 

HB3855 Engrossed- 1069 -LRB100 05985 AMC 16014 b

1    discharge or transfer to another facility, shall be binding
2    on the MCO. The MCO shall cover emergency services for all
3    enrollees whether the emergency services are provided by an
4    affiliated or non-affiliated provider.
5        (6) The MCO's financial responsibility for
6    post-stabilization care services it has not pre-approved
7    ends when:
8            (A) a plan physician with privileges at the
9        treating hospital assumes responsibility for the
10        enrollee's care;
11            (B) a plan physician assumes responsibility for
12        the enrollee's care through transfer;
13            (C) a contracting entity representative and the
14        treating physician reach an agreement concerning the
15        enrollee's care; or
16            (D) the enrollee is discharged.
17    (f) Network adequacy and transparency.
18        (1) The Department shall:
19            (A) ensure that an adequate provider network is in
20        place, taking into consideration health professional
21        shortage areas and medically underserved areas;
22            (B) publicly release an explanation of its process
23        for analyzing network adequacy;
24            (C) periodically ensure that an MCO continues to
25        have an adequate network in place; and
26            (D) require MCOs, including Medicaid Managed Care

 

 

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1        Entities as defined in Section 5-30.2, to meet provider
2        directory requirements under Section 5-30.3.
3        (2) Each MCO shall confirm its receipt of information
4    submitted specific to physician additions or physician
5    deletions from the MCO's provider network within 3 days
6    after receiving all required information from contracted
7    physicians, and electronic physician directories must be
8    updated consistent with current rules as published by the
9    Centers for Medicare and Medicaid Services or its successor
10    agency.
11    (g) Timely payment of claims.
12        (1) The MCO shall pay a claim within 30 days of
13    receiving a claim that contains all the essential
14    information needed to adjudicate the claim.
15        (2) The MCO shall notify the billing party of its
16    inability to adjudicate a claim within 30 days of receiving
17    that claim.
18        (3) The MCO shall pay a penalty that is at least equal
19    to the penalty imposed under the Illinois Insurance Code
20    for any claims not timely paid.
21        (4) The Department may establish a process for MCOs to
22    expedite payments to providers based on criteria
23    established by the Department.
24    (g-5) Recognizing that the rapid transformation of the
25Illinois Medicaid program may have unintended operational
26challenges for both payers and providers:

 

 

HB3855 Engrossed- 1071 -LRB100 05985 AMC 16014 b

1        (1) in no instance shall a medically necessary covered
2    service rendered in good faith, based upon eligibility
3    information documented by the provider, be denied coverage
4    or diminished in payment amount if the eligibility or
5    coverage information available at the time the service was
6    rendered is later found to be inaccurate; and
7        (2) the Department shall, by December 31, 2016, adopt
8    rules establishing policies that shall be included in the
9    Medicaid managed care policy and procedures manual
10    addressing payment resolutions in situations in which a
11    provider renders services based upon information obtained
12    after verifying a patient's eligibility and coverage plan
13    through either the Department's current enrollment system
14    or a system operated by the coverage plan identified by the
15    patient presenting for services:
16            (A) such medically necessary covered services
17        shall be considered rendered in good faith;
18            (B) such policies and procedures shall be
19        developed in consultation with industry
20        representatives of the Medicaid managed care health
21        plans and representatives of provider associations
22        representing the majority of providers within the
23        identified provider industry; and
24            (C) such rules shall be published for a review and
25        comment period of no less than 30 days on the
26        Department's website with final rules remaining

 

 

HB3855 Engrossed- 1072 -LRB100 05985 AMC 16014 b

1        available on the Department's website.
2        (3) The rules on payment resolutions shall include, but
3    not be limited to:
4            (A) the extension of the timely filing period;
5            (B) retroactive prior authorizations; and
6            (C) guaranteed minimum payment rate of no less than
7        the current, as of the date of service, fee-for-service
8        rate, plus all applicable add-ons, when the resulting
9        service relationship is out of network.
10        (4) The rules shall be applicable for both MCO coverage
11    and fee-for-service coverage.
12    (g-6) MCO Performance Metrics Report.
13        (1) The Department shall publish, on at least a
14    quarterly basis, each MCO's operational performance,
15    including, but not limited to, the following categories of
16    metrics:
17            (A) claims payment, including timeliness and
18        accuracy;
19            (B) prior authorizations;
20            (C) grievance and appeals;
21            (D) utilization statistics;
22            (E) provider disputes;
23            (F) provider credentialing; and
24            (G) member and provider customer service.
25        (2) The Department shall ensure that the metrics report
26    is accessible to providers online by January 1, 2017.

 

 

HB3855 Engrossed- 1073 -LRB100 05985 AMC 16014 b

1        (3) The metrics shall be developed in consultation with
2    industry representatives of the Medicaid managed care
3    health plans and representatives of associations
4    representing the majority of providers within the
5    identified industry.
6        (4) Metrics shall be defined and incorporated into the
7    applicable Managed Care Policy Manual issued by the
8    Department.
9    (h) The Department shall not expand mandatory MCO
10enrollment into new counties beyond those counties already
11designated by the Department as of June 1, 2014 for the
12individuals whose eligibility for medical assistance is not the
13seniors or people with disabilities population until the
14Department provides an opportunity for accountable care
15entities and MCOs to participate in such newly designated
16counties.
17    (i) The requirements of this Section apply to contracts
18with accountable care entities and MCOs entered into, amended,
19or renewed after June 16, 2014 (the effective date of Public
20Act 98-651) this amendatory Act of the 98th General Assembly.
21(Source: P.A. 98-651, eff. 6-16-14; 99-725, eff. 8-5-16;
2299-751, eff. 8-5-16; revised 9-13-16.)
 
23    (305 ILCS 5/5-30.3)
24    Sec. 5-30.3. Empowering meaningful patient choice in
25Medicaid Managed Care.

 

 

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1    (a) Definitions. As used in this Section:
2    "Client enrollment services broker" means a vendor the
3Department contracts with to carry out activities related to
4Medicaid recipients' enrollment, disenrollment, and renewal
5with Medicaid Managed Care Entities.
6    "Composite domains" means the synthesized categories
7reflecting the standardized quality performance measures
8included in the consumer quality comparison tool. At a minimum,
9these composite domains shall display Medicaid Managed Care
10Entities' individual Plan performance on standardized quality,
11timeliness, and access measures.
12    "Consumer quality comparison tool" means an online and
13paper tool developed by the Department with input from
14interested stakeholders reflecting the performance of Medicaid
15Managed Care Entity Plans on standardized quality performance
16measures. This tool shall be designed in a consumer-friendly
17and easily understandable format.
18    "Covered services" means those health care services to
19which a covered person is entitled to under the terms of the
20Medicaid Managed Care Entity Plan.
21    "Facilities" includes, but is not limited to, federally
22qualified health centers, skilled nursing facilities, and
23rehabilitation centers.
24    "Hospitals" includes, but is not limited to, acute care,
25rehabilitation, children's, and cancer hospitals.
26    "Integrated provider directory" means a searchable

 

 

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1database bringing together network data from multiple Medicaid
2Managed Care Entities that is available through client
3enrollment services.
4    "Medicaid eligibility redetermination" means the process
5by which the eligibility of a Medicaid recipient is reviewed by
6the Department to determine if the recipient's medical benefits
7will continue, be modified, or terminated.
8    "Medicaid Managed Care Entity" has the same meaning as
9defined in Section 5-30.2 of this Code.
10    (b) Provider directory transparency.
11        (1) Each Medicaid Managed Care Entity shall:
12            (A) Make available on the entity's website a
13        provider directory in a machine readable file and
14        format.
15            (B) Make provider directories publicly accessible
16        without the necessity of providing a password, a
17        username, or personally identifiable information.
18            (C) Comply with all federal and State statutes and
19        regulations, including 42 CFR 438.10, pertaining to
20        provider directories within Medicaid Managed Care.
21            (D) Request, at least annually, provider office
22        hours for each of the following provider types:
23                (i) Health care professionals, including
24            dental and vision providers.
25                (ii) Hospitals.
26                (iii) Facilities, other than hospitals.

 

 

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1                (iv) Pharmacies, other than hospitals.
2                (v) Durable medical equipment suppliers, other
3            than hospitals.
4            Medicaid Managed Care Entities shall publish the
5        provider office hours in the provider directory upon
6        receipt.
7            (E) Confirm with the Medicaid Managed Care
8        Entity's contracted providers who have not submitted
9        claims within the past 6 months that the contracted
10        providers intend to remain in the network and correct
11        any incorrect provider directory information as
12        necessary.
13            (F) Ensure that in situations in which a Medicaid
14        Managed Care Entity Plan enrollee receives covered
15        services from a non-participating provider due to a
16        material misrepresentation in a Medicaid Managed Care
17        Entity's online electronic provider directory, the
18        Medicaid Managed Care Entity Plan enrollee shall not be
19        held responsible for any costs resulting from that
20        material misrepresentation.
21            (G) Conspicuously display an e-mail address and a
22        toll-free telephone number to which any individual may
23        report any inaccuracy in the provider directory. If the
24        Medicaid Managed Care Entity receives a report from any
25        person who specifically identifies provider directory
26        information as inaccurate, the Medicaid Managed Care

 

 

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1        Entity shall investigate the report and correct any
2        inaccurate information displayed in the electronic
3        directory.
4        (2) The Department shall:
5            (A) Regularly monitor Medicaid Managed Care
6        Entities to ensure that they are compliant with the
7        requirements under paragraph (1) of subsection (b).
8            (B) Require that the client enrollment services
9        broker use the Medicaid provider number for all
10        providers with a Medicaid Provider number to populate
11        the provider information in the integrated provider
12        directory.
13            (C) Ensure that each Medicaid Managed Care Entity
14        shall, at minimum, make the information in
15        subparagraph (D) of paragraph (1) of subsection (b)
16        available to the client enrollment services broker.
17            (D) Ensure that the client enrollment services
18        broker shall, at minimum, have the information in
19        subparagraph (D) of paragraph (1) of subsection (b)
20        available and searchable through the integrated
21        provider directory on its website as soon as possible
22        but no later than January 1, 2017.
23            (E) Require the client enrollment services broker
24        to conspicuously display near the integrated provider
25        directory an email address and a toll-free telephone
26        number provided by the Department to which any

 

 

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1        individual may report inaccuracies in the integrated
2        provider directory. If the Department receives a
3        report that identifies an inaccuracy in the integrated
4        provider directory, the Department shall provide the
5        information about the reported inaccuracy to the
6        appropriate Medicaid Managed Care Entity within 3
7        business days after the reported inaccuracy is
8        received.
9    (c) Formulary transparency.
10        (1) Medicaid Managed Care Entities shall publish on
11    their respective websites a formulary for each Medicaid
12    Managed Care Entity Plan offered and make the formularies
13    easily understandable and publicly accessible without the
14    necessity of providing a password, a username, or
15    personally identifiable information.
16        (2) Medicaid Managed Care Entities shall provide
17    printed formularies upon request.
18        (3) Electronic and print formularies shall display:
19            (A) the medications covered (both generic and name
20        brand);
21            (B) if the medication is preferred or not
22        preferred, and what each term means;
23            (C) what tier each medication is in and the meaning
24        of each tier;
25            (D) any utilization controls including, but not
26        limited to, step therapy, prior approval, dosage

 

 

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1        limits, gender or age restrictions, quantity limits,
2        or other policies that affect access to medications;
3            (E) any required cost-sharing;
4            (F) a glossary of key terms and explanation of
5        utilization controls and cost-sharing requirements;
6            (G) a key or legend for all utilization controls
7        visible on every page in which specific medication
8        coverage information is displayed; and
9            (H) directions explaining the process or processes
10        a consumer may follow to obtain more information if a
11        medication the consumer requires is not covered or
12        listed in the formulary.
13        (4) Each Medicaid Managed Care Entity shall display
14    conspicuously with each electronic and printed medication
15    formulary an e-mail address and a toll-free telephone
16    number to which any individual may report any inaccuracy in
17    the formulary. If the Medicaid Managed Care Entity receives
18    a report that the formulary information is inaccurate, the
19    Medicaid Managed Care Entity shall investigate the report
20    and correct any inaccurate information displayed in the
21    electronic formulary.
22        (5) Each Medicaid Managed Care Entity shall include a
23    disclosure in the electronic and requested print
24    formularies that provides the date of publication, a
25    statement that the formulary is up to date as of
26    publication, and contact information for questions and

 

 

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1    requests to receive updated information.
2        (6) The client enrollment services broker's website
3    shall display prominently a website URL link to each
4    Medicaid Managed Care Entity's Plan formulary. If a
5    Medicaid enrollee calls the client enrollment services
6    broker with questions regarding formularies, the client
7    enrollment services broker shall offer a brief description
8    of what a formulary is and shall refer the Medicaid
9    enrollee to the appropriate Medicaid Managed Care Entity
10    regarding his or her questions about a specific entity's
11    formulary.
12    (d) Grievances and appeals. The Department shall display
13prominently on its website consumer-oriented information
14describing how a Medicaid enrollee can file a complaint or
15grievance, request a fair hearing for any adverse action taken
16by the Department or a Medicaid Managed Care Entity, and access
17free legal assistance or other assistance made available by the
18State for Medicaid enrollees to pursue an action.
19    (e) Medicaid redetermination information. The Department
20shall require the client enrollment services broker to display
21prominently on the client enrollment services broker's website
22a description of where a Medicaid enrollee can access
23information regarding the Medicaid redetermination process.
24    (f) Medicaid care coordination information. The client
25enrollment services broker shall display prominently on its
26website, in an easily understandable format, consumer-oriented

 

 

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1information regarding the role of care coordination services
2within Medicaid Managed Care. Such information shall include,
3but shall not be limited to:
4        (1) a basic description of the role of care
5    coordination services and examples of specific care
6    coordination activities; and
7        (2) how a Medicaid enrollee may request care
8    coordination services from a Medicaid Managed Care Entity.
9    (g) Consumer quality comparison tool.
10        (1) The Department shall create a consumer quality
11    comparison tool to assist Medicaid enrollees with Medicaid
12    Managed Care Entity Plan selection. This tool shall provide
13    Medicaid Managed Care Entities' individual Plan
14    performance on a set of standardized quality performance
15    measures. The Department shall ensure that this tool shall
16    be accessible in both a print and online format, with the
17    online format allowing for individuals to access
18    additional detailed Plan performance information.
19        (2) At a minimum, a printed version of the consumer
20    quality comparison tool shall be provided by the Department
21    on an annual basis to Medicaid enrollees who are required
22    by the Department to enroll in a Medicaid Managed Care
23    Entity Plan during an enrollee's open enrollment period.
24    The consumer quality comparison tool shall also meet all of
25    the following criteria:
26            (A) Display Medicaid Managed Care Entities'

 

 

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1        individual Plan performance on at least 4 composite
2        domains that reflect Plan quality, timeliness, and
3        access. The composite domains shall draw from the most
4        current available performance data sets including, but
5        not limited to:
6                (i) Healthcare Effectiveness Data and
7            Information Set (HEDIS) measures.
8                (ii) Core Set of Children's Health Care
9            Quality measures as required under the Children's
10            Health Insurance Program Reauthorization Act
11            (CHIPRA).
12                (iii) Adult Core Set measures.
13                (iv) Consumer Assessment of Healthcare
14            Providers and Systems (CAHPS) survey results.
15                (v) Additional performance measures the
16            Department deems appropriate to populate the
17            composite domains.
18            (B) Use a quality rating system developed by the
19        Department to reflect Medicaid Managed Care Entities'
20        individual Plan performance. The quality rating system
21        for each composite domain shall reflect the Medicaid
22        Managed Care Entities' individual Plan performance
23        and, when possible, plan performance relative to
24        national Medicaid percentiles.
25            (C) Be customized to reflect the specific Medicaid
26        Managed Care Entities' Plans available to the Medicaid

 

 

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1        enrollee based on his or her geographic location and
2        Medicaid eligibility category.
3            (D) Include contact information for the client
4        enrollment services broker and contact information for
5        Medicaid Managed Care Entities available to the
6        Medicaid enrollee based on his or her geographic
7        location and Medicaid eligibility category.
8            (E) Include guiding questions designed to assist
9        individuals selecting a Medicaid Managed Care Entity
10        Plan.
11        (3) At a minimum, the online version of the consumer
12    quality comparison tool shall meet all of the following
13    criteria:
14            (A) Display Medicaid Managed Care Entities'
15        individual Plan performance for the same composite
16        domains selected by the Department in the printed
17        version of the consumer quality comparison tool. The
18        Department may display additional composite domains in
19        the online version of the consumer quality comparison
20        tool as appropriate.
21            (B) Display Medicaid Managed Care Entities'
22        individual Plan performance on each of the
23        standardized performance measures that contribute to
24        each composite domain displayed on the online version
25        of the consumer quality comparison tool.
26            (C) Use a quality rating system developed by the

 

 

HB3855 Engrossed- 1084 -LRB100 05985 AMC 16014 b

1        Department to reflect Medicaid Managed Care Entities'
2        individual Plan performance. The quality rating system
3        for each composite domain shall reflect the Medicaid
4        Managed Care Entities' individual Plan performance
5        and, when possible, plan performance relative to
6        national Medicaid percentiles.
7            (D) Include the specific Medicaid Managed Care
8        Entity Plans available to the Medicaid enrollee based
9        on his or her geographic location and Medicaid
10        eligibility category.
11            (E) Include a sort function to view Medicaid
12        Managed Care Entities' individual Plan performance by
13        quality rating and by standardized quality performance
14        measures.
15            (F) Include contact information for the client
16        enrollment services broker and for each Medicaid
17        Managed Care Entity.
18            (G) Include guiding questions designed to assist
19        individuals in selecting a Medicaid Managed Care
20        Entity Plan.
21            (H) Prominently display current notice of quality
22        performance sanctions against Medicaid Managed Care
23        Entities. Notice of the sanctions shall remain present
24        on the online version of the consumer quality
25        comparison tool until the sanctions are lifted.
26        (4) The online version of the consumer quality

 

 

HB3855 Engrossed- 1085 -LRB100 05985 AMC 16014 b

1    comparison tool shall be displayed prominently on the
2    client enrollment services broker's website.
3        (5) In the development of the consumer quality
4    comparison tool, the Department shall establish and
5    publicize a formal process to collect and consider written
6    and oral feedback from consumers, advocates, and
7    stakeholders on aspects of the consumer quality comparison
8    tool, including, but not limited to, the following:
9            (A) The standardized data sets and surveys,
10        specific performance measures, and composite domains
11        represented in the consumer quality comparison tool.
12            (B) The format and presentation of the consumer
13        quality comparison tool.
14            (C) The methods undertaken by the Department to
15        notify Medicaid enrollees of the availability of the
16        consumer quality comparison tool.
17        (6) The Department shall review and update as
18    appropriate the composite domains and performance measures
19    represented in the print and online versions of the
20    consumer quality comparison tool at least once every 3
21    years. During the Department's review process, the
22    Department shall solicit engagement in the public feedback
23    process described in paragraph (5).
24        (7) The Department shall ensure that the consumer
25    quality comparison tool is available for consumer use as
26    soon as possible but no later than January 1, 2018.

 

 

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1    (h) The Department may adopt rules and take any other
2appropriate action necessary to implement its responsibilities
3under this Section.
4(Source: P.A. 99-725, eff. 8-5-16.)
 
5    (305 ILCS 5/5-30.4)
6    Sec. 5-30.4 5-30.3. Provider inquiry portal. The
7Department shall establish, no later than January 1, 2018, a
8web-based portal to accept inquiries and requests for
9assistance from managed care organizations under contract with
10the State and providers under contract with managed care
11organizations to provide direct care.
12(Source: P.A. 99-719, eff. 1-1-17; revised 10-18-16.)
 
13    (305 ILCS 5/5-30.5)
14    Sec. 5-30.5 5-30.3. Managed care; automatic assignment.
15The Department shall, within a reasonable period of time after
16relevant data from managed care entities has been collected and
17analyzed, but no earlier than January 1, 2017, seek input from
18the managed care entities and other stakeholders and develop
19and implement within each enrollment region an algorithm
20preserving existing provider-beneficiary relationships that
21takes into account quality scores and other operational
22proficiency criteria developed, defined, and adopted by the
23Department, to automatically assign Medicaid enrollees served
24under the Family Health Plan and the Integrated Care Program

 

 

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1and those Medicaid enrollees eligible for medical assistance
2pursuant to the Patient Protection and Affordable Care Act
3(Public Law 111-148) into managed care entities, including
4Accountable Care Entities, Managed Care Community Networks,
5and Managed Care Organizations. The quality metrics used shall
6be measurable for all entities. The algorithm shall not use the
7quality and proficiency metrics to reassign enrollees out of
8any plan in which they are enrolled at the time and shall only
9be used if the client has not voluntarily selected a primary
10care physician and a managed care entity or care coordination
11entity. Clients shall have one opportunity within 90 calendar
12days after auto-assignment by algorithm to select a different
13managed care entity. The algorithm developed and implemented
14shall favor assignment into managed care entities with the
15highest quality scores and levels of compliance with the
16operational proficiency criteria established, taking into
17consideration existing provider-beneficiary relationship as
18defined by 42 CFR 438.50(f)(3) if one exists.
19(Source: P.A. 99-898, eff. 1-1-17; revised 10-18-16.)
 
20    (305 ILCS 5/10-15.1)
21    Sec. 10-15.1. Judicial registration of administrative
22support orders and administrative paternity orders.
23    (a) A final administrative support order or a final
24administrative paternity order, excluding a voluntary
25acknowledgement or denial of paternity that is governed by

 

 

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1other provisions of this Code, the Illinois Parentage Act of
22015 1984, and the Vital Records Act, established by the
3Illinois Department under this Article X may be registered in
4the appropriate circuit court of this State by the Department
5or by a party to the order by filing:
6        (1) Two copies, including one certified copy of the
7    order to be registered, any modification of the
8    administrative support order, any voluntary acknowledgment
9    of paternity pertaining to the child covered by the order,
10    and the documents showing service of the notice of support
11    obligation or the notice of paternity and support
12    obligation that commenced the procedure for establishment
13    of the administrative support order or the administrative
14    paternity order pursuant to Section 10-4 of this Code.
15        (2) A sworn statement by the person requesting
16    registration or a certified copy of the Department payment
17    record showing the amount of any past due support accrued
18    under the administrative support order.
19        (3) The name of the obligor and, if known, the
20    obligor's address and social security number.
21        (4) The name of the obligee and the obligee's address,
22    unless the obligee alleges in an affidavit or pleading
23    under oath that the health, safety, or liberty of the
24    obligee or child would be jeopardized by disclosure of
25    specific identifying information, in which case that
26    information must be sealed and may not be disclosed to the

 

 

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1    other party or public. After a hearing in which the court
2    takes into consideration the health, safety, or liberty of
3    the party or child, the court may order disclosure of
4    information that the court determines to be in the interest
5    of justice.
6    (b) The filing of an administrative support order or an
7administrative paternity order under subsection (a)
8constitutes registration with the circuit court.
9    (c) (Blank).
10    (c-5) Every notice of registration must be accompanied by a
11copy of the registered administrative support order or the
12registered administrative paternity order and the documents
13and relevant information accompanying the order pursuant to
14subsection (a).
15    (d) (Blank).
16    (d-5) The registering party shall serve notice of the
17registration on the other party by first class mail, unless the
18administrative support order or the administrative paternity
19order was entered by default or the registering party is also
20seeking an affirmative remedy. The registering party shall
21serve notice on the Department in all cases by first class
22mail.
23        (1) If the administrative support order or the
24    administrative paternity order was entered by default
25    against the obligor, the obligor must be served with the
26    registration by any method provided by law for service of

 

 

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1    summons.
2        (2) If a petition or comparable pleading seeking an
3    affirmative remedy is filed with the registration, the
4    non-moving party must be served with the registration and
5    the affirmative pleading by any method provided by law for
6    service of summons.
7    (e) A notice of registration of an administrative support
8order or an administrative paternity order must provide the
9following information:
10        (1) That a registered administrative order is
11    enforceable in the same manner as an order for support or
12    an order for paternity issued by the circuit court.
13        (2) That a hearing to contest enforcement of the
14    registered administrative support order or the registered
15    administrative paternity order must be requested within 30
16    days after the date of service of the notice.
17        (3) That failure to contest, in a timely manner, the
18    enforcement of the registered administrative support order
19    or the registered administrative paternity order shall
20    result in confirmation of the order and enforcement of the
21    order and the alleged arrearages and precludes further
22    contest of that order with respect to any matter that could
23    have been asserted.
24        (4) The amount of any alleged arrearages.
25    (f) A nonregistering party seeking to contest enforcement
26of a registered administrative support order or a registered

 

 

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1administrative paternity order shall request a hearing within
230 days after the date of service of notice of the
3registration. The nonregistering party may seek to vacate the
4registration, to assert any defense to an allegation of
5noncompliance with the registered administrative support order
6or the registered administrative paternity order, or to contest
7the remedies being sought or the amount of any alleged
8arrearages.
9    (g) If the nonregistering party fails to contest the
10enforcement of the registered administrative support order or
11the registered administrative paternity order in a timely
12manner, the order shall be confirmed by operation of law.
13    (h) If a nonregistering party requests a hearing to contest
14the enforcement of the registered administrative support order
15or the registered administrative paternity order, the circuit
16court shall schedule the matter for hearing and give notice to
17the parties and the Illinois Department of the date, time, and
18place of the hearing.
19    (i) A party contesting the enforcement of a registered
20administrative support order or a registered administrative
21paternity order or seeking to vacate the registration has the
22burden of proving one or more of the following defenses:
23        (1) The Illinois Department lacked personal
24    jurisdiction over the contesting party.
25        (2) The administrative support order or the
26    administrative paternity order was obtained by fraud.

 

 

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1        (3) The administrative support order or the
2    administrative paternity order has been vacated,
3    suspended, or modified by a later order.
4        (4) The Illinois Department has stayed the
5    administrative support order or the administrative
6    paternity order pending appeal.
7        (5) There is a defense under the law to the remedy
8    sought.
9        (6) Full or partial payment has been made.
10    (j) If a party presents evidence establishing a full or
11partial payment defense under subsection (i), the court may
12stay enforcement of the registered order, continue the
13proceeding to permit production of additional relevant
14evidence, and issue other appropriate orders. An uncontested
15portion of the registered administrative support order or the
16registered administrative paternity order may be enforced by
17all remedies available under State law.
18    (k) If a contesting party does not establish a defense
19under subsection (i) to the enforcement of the administrative
20support order or the administrative paternity order, the court
21shall issue an order confirming the administrative support
22order or the administrative paternity order. Confirmation of
23the registered administrative support order or the registered
24administrative paternity order, whether by operation of law or
25after notice and hearing, precludes further contest of the
26order with respect to any matter that could have been asserted

 

 

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1at the time of registration. Upon confirmation, the registered
2administrative support order or the registered administrative
3paternity order shall be treated in the same manner as a
4support order or a paternity order entered by the circuit
5court, including the ability of the court to entertain a
6petition to modify the administrative support order due to a
7substantial change in circumstances or a petition to modify the
8administrative paternity order due to clear and convincing
9evidence regarding paternity, or petitions for visitation or
10custody of the child or children covered by the administrative
11support order or the administrative paternity order. Nothing in
12this Section shall be construed to alter the effect of a final
13administrative support order or a final administrative
14paternity order, or the restriction of judicial review of such
15a final order to the provisions of the Administrative Review
16Law, as provided in Sections 10-11 and 10-17.7 of this Code.
17    (l) Notwithstanding the limitations of relief provided for
18under this Section regarding an administrative paternity order
19and the administrative relief available from an administrative
20paternity order under Sections 10-12 through 10-14.1 of this
21Code, a party may petition for relief from a registered final
22administrative paternity order entered by consent of the
23parties, excluding a voluntary acknowledgement or denial of
24paternity as well as an administrative paternity order entered
25pursuant to genetic testing. The petition shall be filed
26pursuant to Section 2-1401 of the Code of Civil Procedure based

 

 

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1upon a showing of due diligence and a meritorious defense. The
2court, after reviewing the evidence regarding this specific
3type of administrative paternity order entered by consent of
4the parties, shall issue an order regarding the petition.
5Nothing in this Section shall be construed to alter the effect
6of a final administrative paternity order, or the restriction
7of judicial review of such a final order to the provisions of
8the Administrative Review Law, as provided in Section 10-17.7
9of this Code.
10(Source: P.A. 98-563, eff. 8-27-13; 99-471, eff. 8-27-15;
11revised 10-26-16.)
 
12    (305 ILCS 5/10-17.3)  (from Ch. 23, par. 10-17.3)
13    Sec. 10-17.3. Federal Income Tax Refund Intercept. The
14Illinois Department may provide by rule for certification to
15the United States Department of Health and Human Services of
16past due support owed by responsible relatives under a support
17order entered by a court or administrative body of this or any
18other State on behalf of resident or non-resident persons. The
19purpose of certification shall be to intercept Federal Income
20Tax refunds due such relatives in order to satisfy such past
21due support in whole or in part.
22    The rule shall provide for notice to and an opportunity to
23be heard by the responsible relative affected and any final
24administrative decision rendered by the Department shall be
25reviewed only under and in accordance with the Administrative

 

 

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1Review Law. Certification shall be accomplished in accordance
2with Title IV, Part D of the federal Social Security Act and
3rules and regulations promulgated thereunder.
4(Source: P.A. 84-758; revised 9-13-16.)
 
5    (305 ILCS 5/10-17.14)
6    Sec. 10-17.14. Denial of passports. The Illinois
7Department may provide by rule for certification to the United
8States Department of Health and Human Services of past due
9support owed by responsible relatives under a support order
10entered by a court or administrative body of this or any other
11State on behalf of resident or non-resident persons. The
12purpose of certification shall be to effect denial, revocation,
13restriction, or limitation of passports of responsible
14relatives owing past due support.
15    The rule shall provide for notice to and an opportunity to
16be heard by the responsible relative affected and any final
17administrative decision rendered by the Department shall be
18reviewed only under and in accordance with the Administrative
19Review Law. Certification shall be accomplished in accordance
20with Title IV, Part D of the federal Social Security Act and
21rules and regulations promulgated thereunder.
22(Source: P.A. 97-186, eff. 7-22-11; revised 9-13-16.)
 
23    (305 ILCS 5/10-24.50)
24    Sec. 10-24.50. Financial institution's freedom from

 

 

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1liability. A financial institution that provides information
2under Sections 10-24 through 10-24.50 shall not be liable to
3any account holder, owner, or other person in any civil,
4criminal, or administrative action for any of the following:
5        (1) Disclosing the required information to the
6    Illinois Department, any other provisions of the law
7    notwithstanding not withstanding.
8        (2) Holding, encumbering, or surrendering any of an
9    individual's accounts as defined in Section 10-24 in
10    response to a lien or order to withhold and deliver issued
11    by:
12            (A) the Illinois Department under Sections 10-25
13        and 10-25.5; or
14            (B) a person or entity acting on behalf of the
15        Illinois Department.
16        (3) Any other action taken or omission made in good
17    faith to comply with Sections 10-24 through 10-24.50,
18    including individual or mechanical errors, provided that
19    the action or omission does not constitute gross negligence
20    or willful misconduct.
21(Source: P.A. 95-331, eff. 8-21-07; revised 9-13-16.)
 
22    (305 ILCS 5/11-9)  (from Ch. 23, par. 11-9)
23    Sec. 11-9. Protection of records; exceptions records -
24Exceptions. For the protection of applicants and recipients,
25the Illinois Department, the county departments and local

 

 

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1governmental units and their respective officers and employees
2are prohibited, except as hereinafter provided, from
3disclosing the contents of any records, files, papers and
4communications, except for purposes directly connected with
5the administration of public aid under this Code.
6    In any judicial proceeding, except a proceeding directly
7concerned with the administration of programs provided for in
8this Code, such records, files, papers and communications, and
9their contents shall be deemed privileged communications and
10shall be disclosed only upon the order of the court, where the
11court finds such to be necessary in the interest of justice.
12    The Illinois Department shall establish and enforce
13reasonable rules and regulations governing the custody, use and
14preservation of the records, papers, files, and communications
15of the Illinois Department, the county departments and local
16governmental units receiving State or Federal funds or aid. The
17governing body of other local governmental units shall in like
18manner establish and enforce rules and regulations governing
19the same matters.
20    The contents of case files pertaining to recipients under
21Articles IV, V, and VI shall be made available without subpoena
22or formal notice to the officers of any court, to all law
23enforcement enforcing agencies, and to such other persons or
24agencies as from time to time may be authorized by any court.
25In particular, the contents of those case files shall be made
26available upon request to a law enforcement agency for the

 

 

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1purpose of determining the current address of a recipient with
2respect to whom an arrest warrant is outstanding, and the
3current address of a recipient who was a victim of a felony or
4a witness to a felony shall be made available upon request to a
5State's Attorney of this State or a State's Attorney's
6investigator. Information shall also be disclosed to the
7Illinois State Scholarship Commission pursuant to an
8investigation or audit by the Illinois State Scholarship
9Commission of a delinquent student loan or monetary award.
10    This Section does not prevent the Illinois Department and
11local governmental units from reporting to appropriate law
12enforcement officials the desertion or abandonment by a parent
13of a child, as a result of which financial aid has been
14necessitated under Articles IV, V, or VI, or reporting to
15appropriate law enforcement officials instances in which a
16mother under age 18 has a child out of wedlock and is an
17applicant for or recipient of aid under any Article of this
18Code. The Illinois Department may provide by rule for the
19county departments and local governmental units to initiate
20proceedings under the Juvenile Court Act of 1987 to have
21children declared to be neglected when they deem such action
22necessary to protect the children from immoral influences
23present in their home or surroundings.
24    This Section does not preclude the full exercise of the
25powers of the Board of Public Aid Commissioners to inspect
26records and documents, as provided for all advisory boards

 

 

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1pursuant to Section 5-505 of the Departments of State
2Government Law (20 ILCS 5/5-505).
3    This Section does not preclude exchanges of information
4among the Department of Healthcare and Family Services
5(formerly Illinois Department of Public Aid), the Department of
6Human Services (as successor to the Department of Public Aid),
7and the Illinois Department of Revenue for the purpose of
8verifying sources and amounts of income and for other purposes
9directly connected with the administration of this Code and of
10the Illinois Income Tax Act.
11    The provisions of this Section and of Section 11-11 as they
12apply to applicants and recipients of public aid under Article
13V shall be operative only to the extent that they do not
14conflict with any Federal law or regulation governing Federal
15grants to this State for such programs.
16    The Department of Healthcare and Family Services and the
17Department of Human Services (as successor to the Illinois
18Department of Public Aid) shall enter into an inter-agency
19agreement with the Department of Children and Family Services
20to establish a procedure by which employees of the Department
21of Children and Family Services may have immediate access to
22records, files, papers, and communications (except medical,
23alcohol or drug assessment or treatment, mental health, or any
24other medical records) of the Illinois Department, county
25departments, and local governmental units receiving State or
26federal funds or aid, if the Department of Children and Family

 

 

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1Services determines the information is necessary to perform its
2duties under the Abused and Neglected Child Reporting Act, the
3Child Care Act of 1969, and the Children and Family Services
4Act.
5(Source: P.A. 95-331, eff. 8-21-07; revised 9-13-16.)
 
6    (305 ILCS 5/12-4.42)
7    Sec. 12-4.42. Medicaid Revenue Maximization.
8    (a) Purpose. The General Assembly finds that there is a
9need to make changes to the administration of services provided
10by State and local governments in order to maximize federal
11financial participation.
12    (b) Definitions. As used in this Section:
13    "Community Medicaid mental health services" means all
14mental health services outlined in Part Section 132 of Title 59
15of the Illinois Administrative Code that are funded through
16DHS, eligible for federal financial participation, and
17provided by a community-based provider.
18    "Community-based provider" means an entity enrolled as a
19provider pursuant to Sections 140.11 and 140.12 of Title 89 of
20the Illinois Administrative Code and certified to provide
21community Medicaid mental health services in accordance with
22Part Section 132 of Title 59 of the Illinois Administrative
23Code.
24    "DCFS" means the Department of Children and Family
25Services.

 

 

HB3855 Engrossed- 1101 -LRB100 05985 AMC 16014 b

1    "Department" means the Illinois Department of Healthcare
2and Family Services.
3    "Care facility for persons with a developmental
4disability" means an intermediate care facility for persons
5with an intellectual disability within the meaning of Title XIX
6of the Social Security Act, whether public or private and
7whether organized for profit or not-for-profit, but shall not
8include any facility operated by the State.
9    "Care provider for persons with a developmental
10disability" means a person conducting, operating, or
11maintaining a care facility for persons with a developmental
12disability. For purposes of this definition, "person" means any
13political subdivision of the State, municipal corporation,
14individual, firm, partnership, corporation, company, limited
15liability company, association, joint stock association, or
16trust, or a receiver, executor, trustee, guardian, or other
17representative appointed by order of any court.
18    "DHS" means the Illinois Department of Human Services.
19    "Hospital" means an institution, place, building, or
20agency located in this State that is licensed as a general
21acute hospital by the Illinois Department of Public Health
22under the Hospital Licensing Act, whether public or private and
23whether organized for profit or not-for-profit.
24    "Long term care facility" means (i) a skilled nursing or
25intermediate long term care facility, whether public or private
26and whether organized for profit or not-for-profit, that is

 

 

HB3855 Engrossed- 1102 -LRB100 05985 AMC 16014 b

1subject to licensure by the Illinois Department of Public
2Health under the Nursing Home Care Act, including a county
3nursing home directed and maintained under Section 5-1005 of
4the Counties Code, and (ii) a part of a hospital in which
5skilled or intermediate long term care services within the
6meaning of Title XVIII or XIX of the Social Security Act are
7provided; except that the term "long term care facility" does
8not include a facility operated solely as an intermediate care
9facility for the intellectually disabled within the meaning of
10Title XIX of the Social Security Act.
11    "Long term care provider" means (i) a person licensed by
12the Department of Public Health to operate and maintain a
13skilled nursing or intermediate long term care facility or (ii)
14a hospital provider that provides skilled or intermediate long
15term care services within the meaning of Title XVIII or XIX of
16the Social Security Act. For purposes of this definition,
17"person" means any political subdivision of the State,
18municipal corporation, individual, firm, partnership,
19corporation, company, limited liability company, association,
20joint stock association, or trust, or a receiver, executor,
21trustee, guardian, or other representative appointed by order
22of any court.
23    "State-operated facility for persons with a developmental
24disability" means an intermediate care facility for persons
25with an intellectual disability within the meaning of Title XIX
26of the Social Security Act operated by the State.

 

 

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1    (c) Administration and deposit of Revenues. The Department
2shall coordinate the implementation of changes required by
3Public Act 96-1405 this amendatory Act of the 96th General
4Assembly amongst the various State and local government bodies
5that administer programs referred to in this Section.
6    Revenues generated by program changes mandated by any
7provision in this Section, less reasonable administrative
8costs associated with the implementation of these program
9changes, which would otherwise be deposited into the General
10Revenue Fund shall be deposited into the Healthcare Provider
11Relief Fund.
12    The Department shall issue a report to the General Assembly
13detailing the implementation progress of Public Act 96-1405
14this amendatory Act of the 96th General Assembly as a part of
15the Department's Medical Programs annual report for fiscal
16years 2010 and 2011.
17    (d) Acceleration of payment vouchers. To the extent
18practicable and permissible under federal law, the Department
19shall create all vouchers for long term care facilities and
20facilities for persons with a developmental disability for
21dates of service in the month in which the enhanced federal
22medical assistance percentage (FMAP) originally set forth in
23the American Recovery and Reinvestment Act (ARRA) expires and
24for dates of service in the month prior to that month and
25shall, no later than the 15th of the month in which the
26enhanced FMAP expires, submit these vouchers to the Comptroller

 

 

HB3855 Engrossed- 1104 -LRB100 05985 AMC 16014 b

1for payment.
2    The Department of Human Services shall create the necessary
3documentation for State-operated facilities for persons with a
4developmental disability so that the necessary data for all
5dates of service before the expiration of the enhanced FMAP
6originally set forth in the ARRA can be adjudicated by the
7Department no later than the 15th of the month in which the
8enhanced FMAP expires.
9    (e) Billing of DHS community Medicaid mental health
10services. No later than July 1, 2011, community Medicaid mental
11health services provided by a community-based provider must be
12billed directly to the Department.
13    (f) DCFS Medicaid services. The Department shall work with
14DCFS to identify existing programs, pending qualifying
15services, that can be converted in an economically feasible
16manner to Medicaid in order to secure federal financial
17revenue.
18    (g) Third Party Liability recoveries. The Department shall
19contract with a vendor to support the Department in
20coordinating benefits for Medicaid enrollees. The scope of work
21shall include, at a minimum, the identification of other
22insurance for Medicaid enrollees and the recovery of funds paid
23by the Department when another payer was liable. The vendor may
24be paid a percentage of actual cash recovered when practical
25and subject to federal law.
26    (h) Public health departments. The Department shall

 

 

HB3855 Engrossed- 1105 -LRB100 05985 AMC 16014 b

1identify unreimbursed costs for persons covered by Medicaid who
2are served by the Chicago Department of Public Health.
3    The Department shall assist the Chicago Department of
4Public Health in determining total unreimbursed costs
5associated with the provision of healthcare services to
6Medicaid enrollees.
7    The Department shall determine and draw the maximum
8allowable federal matching dollars associated with the cost of
9Chicago Department of Public Health services provided to
10Medicaid enrollees.
11    (i) Acceleration of hospital-based payments. The
12Department shall, by the 10th day of the month in which the
13enhanced FMAP originally set forth in the ARRA expires, create
14vouchers for all State fiscal year 2011 hospital payments
15exempt from the prompt payment requirements of the ARRA. The
16Department shall submit these vouchers to the Comptroller for
17payment.
18(Source: P.A. 99-143, eff. 7-27-15; revised 9-15-16.)
 
19    (305 ILCS 5/16-2)
20    Sec. 16-2. Eligibility. A foreign-born victim of
21trafficking, torture, or other serious crimes and his or her
22derivative family members are eligible for cash assistance or
23SNAP benefits under this Article if:
24        (a) he or she:
25            (1) has filed or is preparing to file an

 

 

HB3855 Engrossed- 1106 -LRB100 05985 AMC 16014 b

1        application for T Nonimmigrant status with the
2        appropriate federal agency pursuant to Section
3        1101(a)(15)(T) of Title 8 of the United States Code, or
4        is otherwise taking steps to meet the conditions for
5        federal benefits eligibility under Section 7105 of
6        Title 22 of the United States Code;
7            (2) has filed or is preparing to file a formal
8        application with the appropriate federal agency for
9        status pursuant to Section 1101(a)(15)(U) of Title 8 of
10        the United States Code; or
11            (3) has filed or is preparing to file a formal
12        application with the appropriate federal agency for
13        status under Section 1158 of Title 8 of the United
14        States Code; and
15    (b) he or she is otherwise eligible for cash assistance or
16SNAP benefits, as applicable.
17(Source: P.A. 99-870, eff. 8-22-16; revised 10-26-16.)
 
18    (305 ILCS 5/16-5)
19    Sec. 16-5. Termination of benefits.
20    (a) Any cash assistance or SNAP benefits provided under
21this Article to a person who is a foreign-born victim of
22trafficking, torture, or other serious crimes and his or her
23derivative family members shall be terminated if there is a
24final denial of that person's visa or asylum application under
25Section Sections 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of

 

 

HB3855 Engrossed- 1107 -LRB100 05985 AMC 16014 b

1Title 8 of the United States Code.
2    (b) A person who is a foreign-born victim of trafficking,
3torture, or other serious crimes and his or her derivative
4family members shall be ineligible for continued State-funded
5cash assistance or SNAP benefits provided under this Article if
6that person has not filed a formal application for status
7pursuant to Section Sections 1101(a)(15)(T), 1101(a)(15)(U),
8or 1158 of Title 8 of the United States Code within one year
9after the date of his or her application for cash assistance or
10SNAP benefits provided under this Article. The Department of
11Human Services may extend the person's and his or her
12derivative family members' eligibility for medical assistance,
13cash assistance, or SNAP benefits beyond one year if the
14Department determines that the person, during the year of
15initial eligibility (i) experienced a health crisis, (ii) has
16been unable, after reasonable attempts, to obtain necessary
17information from a third party, or (iii) has other extenuating
18circumstances that prevented the person from completing his or
19her application for status.
20(Source: P.A. 99-870, eff. 8-22-16; revised 10-26-16.)
 
21    Section 580. The Senior Citizens and Persons with
22Disabilities Property Tax Relief Act is amended by changing
23Section 8a as follows:
 
24    (320 ILCS 25/8a)  (from Ch. 67 1/2, par. 408.1)

 

 

HB3855 Engrossed- 1108 -LRB100 05985 AMC 16014 b

1    Sec. 8a. Confidentiality.
2    (a) Except as otherwise provided in this Act, all
3information received by the Department of Revenue or its
4successors, the Department on Aging and the Department of
5Healthcare and Family Services, from claims filed under this
6Act, or from any investigation conducted under the provisions
7of this Act, shall be confidential, except for official
8purposes within those Departments or pursuant to official
9procedures for collection of any State tax or enforcement of
10any civil or criminal penalty or sanction imposed by this Act
11or by any statute imposing a State tax, and any person who
12divulges any such information in any manner, except for such
13purposes and pursuant to order of the Director of one of those
14Departments or in accordance with a proper judicial order,
15shall be guilty of a Class A misdemeanor.
16    (b) Nothing contained in this Act shall prevent the
17Director of Aging from publishing or making available
18reasonable statistics concerning the operation of the grant
19programs contained in this Act wherein the contents of claims
20are grouped into aggregates in such a way that information
21contained in any individual claim shall not be disclosed.
22    (c) The Department on Aging shall furnish to the Secretary
23of State such information as is reasonably necessary for the
24administration of reduced vehicle registration fees pursuant
25to Section 3-806.3 of the "The Illinois Vehicle Code".
26    (d) The Director of the Department on Aging shall make

 

 

HB3855 Engrossed- 1109 -LRB100 05985 AMC 16014 b

1information available to the State Board of Elections as may be
2required by an agreement the State Board of Elections has
3entered into with a multi-state voter registration list
4maintenance system.
5(Source: P.A. 98-1171, eff. 6-1-15; revised 10-26-16.)
 
6    Section 585. The Housing for Veterans with Disabilities Act
7is amended by changing Sections 1, 2.1, and 3 as follows:
 
8    (330 ILCS 65/1)  (from Ch. 126 1/2, par. 58)
9    Sec. 1. Any veteran of the military or naval service of the
10United States who was a resident of this State at the time he
11entered such service and who has been approved by the
12Administrator of Veterans Veterans' Affairs for assistance
13under Chapter 21 of Title 38, United States Code, as now or
14hereafter amended, shall be entitled to receive assistance
15under this Act for the purpose of acquiring within this State
16or without this State, where due to service-connected
17disabilities and upon the advice or recommendation of a duly
18recognized physician of the Veterans Administration in order to
19protect the health of the veteran, such veteran cannot reside
20in this State, a suitable dwelling unit with special fixtures
21or movable facilities made necessary by the veteran's permanent
22and total service-connected disability.
23(Source: Laws 1965, p. 650; revised 9-13-16.)
 

 

 

HB3855 Engrossed- 1110 -LRB100 05985 AMC 16014 b

1    (330 ILCS 65/2.1)  (from Ch. 126 1/2, par. 59.1)
2    Sec. 2.1. (a) The Illinois Department of Veterans' Affairs
3shall provide assistance to a veteran who is eligible for and
4has been approved by the Administrator of Veterans Veterans'
5Affairs for the grant authorized under Section 801(b) of Title
638 of The United States Code for remodeling a dwelling, which
7is not adapted to the requirements of the veteran's disability,
8and which was acquired by him prior to his application for
9federal assistance.
10    (b) The amount of State assistance provided to a veteran
11under subsection (a) of this Section shall be equal to the
12lesser of (1) the difference between the total cost of
13remodeling and the amount of assistance provided by the federal
14government under Title 38, Section 801(b) of the United States
15Code or (2) $3,000. However, if the amount of the federal
16assistance is at least equal to the total cost of remodeling
17the dwelling, then no State assistance shall be granted under
18this Section.
19    (c) A veteran eligible for assistance under subsection (a)
20of this Section shall not by reason of such eligibility be
21denied benefits for which such veteran becomes eligible under
22Section 2 of this Act.
23(Source: P.A. 91-216, eff. 1-1-00; revised 9-13-16.)
 
24    (330 ILCS 65/3)  (from Ch. 126 1/2, par. 60)
25    Sec. 3. Application for assistance under this Act shall be

 

 

HB3855 Engrossed- 1111 -LRB100 05985 AMC 16014 b

1made by the veteran to the Illinois Department of Veterans'
2Affairs and shall be accompanied by satisfactory evidence that
3the veteran has been approved by the Administrator of Veterans
4Veterans' Affairs for assistance in acquiring a suitable
5dwelling unit or in remodeling a dwelling not adapted to the
6requirements of his disability. The application shall contain
7such information as will enable the Illinois Department of
8Veterans' Affairs to determine the amount of assistance to
9which the veteran is entitled. The Illinois Department of
10Veterans' Affairs shall adopt general rules for determining the
11question of whether an applicant was a resident of this State
12at the time he entered the service, and shall prescribe by rule
13the nature of the proof to be submitted to establish the fact
14of residence. The Illinois Department of Veterans' Affairs
15shall adopt guidelines for determining types of remodeling and
16adaptations which are reasonably necessary because of a
17veteran's disability, for a veteran eligible for assistance
18under Section 2.1 of this Act.
19(Source: P.A. 82-894; revised 9-13-16.)
 
20    Section 590. The Coal Mine Medical Emergencies Act is
21amended by changing Section 2 as follows:
 
22    (410 ILCS 15/2)  (from Ch. 96 1/2, par. 3952)
23    Sec. 2. As used in this Act, unless the context clearly
24otherwise requires:

 

 

HB3855 Engrossed- 1112 -LRB100 05985 AMC 16014 b

1    (a) "Emergency medical technician" means a person who has
2successfully completed the course on emergency first-aid care
3and transportation of the sick and injured recommended by the
4American Academy of Orthopedic Surgeons, or the equivalent
5thereof, and has been licensed by the Department of Public
6Health to provide emergency care.
7    (b) "Mine" means any surface coal mine or underground coal
8mine, as defined in Section 1.03 of the "The Coal Mining Act of
91953".
10(Source: P.A. 98-973, eff. 8-15-14; revised 10-5-16.)
 
11    Section 595. The Sexual Assault Survivors Emergency
12Treatment Act is amended by changing Section 6.6 as follows:
 
13    (410 ILCS 70/6.6)
14    Sec. 6.6. Submission of sexual assault evidence.
15    (a) As soon as practicable, but in no event more than 4
16hours after the completion of hospital emergency services and
17forensic services, the hospital shall make reasonable efforts
18to determine the law enforcement agency having jurisdiction
19where the sexual assault occurred. The hospital may obtain the
20name of the law enforcement agency with jurisdiction from the
21local law enforcement agency.
22    (b) Within 4 hours after the completion of hospital
23emergency services and forensic services, the hospital shall
24notify the law enforcement agency having jurisdiction that the

 

 

HB3855 Engrossed- 1113 -LRB100 05985 AMC 16014 b

1hospital is in possession of sexual assault evidence and the
2date and time the collection of evidence was completed. The
3hospital shall document the notification in the patient's
4medical records and shall include the agency notified, the date
5and time of the notification and the name of the person who
6received the notification. This notification to the law
7enforcement agency having jurisdiction satisfies the
8hospital's requirement to contact its local law enforcement
9agency under Section 3.2 of the Criminal Identification Act.
10    (c) If the law enforcement agency having jurisdiction has
11not taken physical custody of sexual assault evidence within 5
12days of the first contact by the hospital, the hospital shall
13renotify re-notify the law enforcement agency having
14jurisdiction that the hospital is in possession of sexual
15assault evidence and the date the sexual assault evidence was
16collected. The hospital shall document the renotification
17re-notification in the patient's medical records and shall
18include the agency notified, the date and time of the
19notification and the name of the person who received the
20notification.
21    (d) If the law enforcement agency having jurisdiction has
22not taken physical custody of the sexual assault evidence
23within 10 days of the first contact by the hospital and the
24hospital has provided renotification under subsection (c) of
25this Section, the hospital shall contact the State's Attorney
26of the county where the law enforcement agency having

 

 

HB3855 Engrossed- 1114 -LRB100 05985 AMC 16014 b

1jurisdiction is located. The hospital shall inform the State's
2Attorney that the hospital is in possession of sexual assault
3evidence, the date the sexual assault evidence was collected,
4the law enforcement agency having jurisdiction, the dates,
5times and names of persons notified under subsections (b) and
6(c) of this Section. The notification shall be made within 14
7days of the collection of the sexual assault evidence.
8(Source: P.A. 99-801, eff. 1-1-17; revised 10-26-16.)
 
9    Section 600. The Compassionate Use of Medical Cannabis
10Pilot Program Act is amended by changing Section 45 as follows:
 
11    (410 ILCS 130/45)
12    (Section scheduled to be repealed on July 1, 2020)
13    Sec. 45. Addition of debilitating medical conditions.
14    (a) Any resident may petition the Department of Public
15Health to add debilitating conditions or treatments to the list
16of debilitating medical conditions listed in subsection (h) of
17Section 10. The Department shall approve or deny a petition
18within 180 days of its submission, and, upon approval, shall
19proceed to add that condition by rule in accordance with the
20Illinois Administrative Procedure Act. The approval or denial
21of any petition is a final decision of the Department, subject
22to judicial review. Jurisdiction and venue are vested in the
23Circuit Court.
24    (b) The Department shall accept petitions once annually for

 

 

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1a one-month period determined by the Department. During the
2open period, the Department shall accept petitions from any
3resident requesting the addition of a new debilitating medical
4condition or disease to the list of approved debilitating
5medical conditions for which the use of cannabis has been shown
6to have a therapeutic or palliative effect. The Department
7shall provide public notice 30 days before the open period for
8accepting petitions, which shall describe the time period for
9submission, the required format of the submission, and the
10submission address.
11    (c) Each petition shall be limited to one proposed
12debilitating medical condition or disease.
13    (d) A petitioner shall file one original petition in the
14format provided by the Department and in the manner specified
15by the Department. For a petition to be processed and reviewed,
16the following information shall be included:
17        (1) The petition, prepared on forms provided by the
18    Department, in the manner specified by the Department.
19        (2) A specific description of the medical condition or
20    disease that is the subject of the petition. Each petition
21    shall be limited to a single condition or disease.
22    Information about the proposed condition or disease shall
23    include:
24            (A) the extent to which the condition or disease
25        itself or the treatments cause severe suffering, such
26        as severe or chronic pain, severe nausea or vomiting,

 

 

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1        or otherwise severely impair a person's ability to
2        conduct activities of daily living;
3            (B) information about why conventional medical
4        therapies are not sufficient to alleviate the
5        suffering caused by the disease or condition and its
6        treatment;
7            (C) the proposed benefits from the medical use of
8        cannabis specific to the medical condition or disease;
9            (D) evidence from the medical community and other
10        experts supporting the use of medical cannabis to
11        alleviate suffering caused by the condition, disease,
12        or treatment;
13            (E) letters of support from physicians or other
14        licensed health care providers knowledgeable about the
15        condition or disease, including, if feasible, a letter
16        from a physician with whom the petitioner has a bona
17        fide physician-patient relationship;
18            (F) any additional medical, testimonial, or
19        scientific documentation; and
20            (G) an electronic copy of all materials submitted.
21        (3) Upon receipt of a petition, the Department shall:
22            (A) determine whether the petition meets the
23        standards for submission and, if so, shall accept the
24        petition for further review; or
25            (B) determine whether the petition does not meet
26        the standards for submission and, if so, shall deny the

 

 

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1        petition without further review.
2        (4) If the petition does not fulfill the standards for
3    submission, the petition shall be considered deficient.
4    The Department shall notify the petitioner, who may correct
5    any deficiencies and resubmit the petition during the next
6    open period.
7    (e) The petitioner may withdraw his or her petition by
8submitting a written statement to the Department indicating
9withdrawal.
10    (f) Upon review of accepted petitions, the Director shall
11render a final decision regarding the acceptance or denial of
12the proposed debilitating medical conditions or diseases.
13    (g) The Department shall convene a Medical Cannabis
14Advisory Board (Advisory Board) composed of 16 members, which
15shall include:
16        (1) one medical cannabis patient advocate or
17    designated caregiver;
18        (2) one parent or designated caregiver of a person
19    under the age of 18 who is a qualified medical cannabis
20    patient;
21        (3) two registered nurses or nurse practitioners;
22        (4) three registered qualifying patients, including
23    one veteran; and
24        (5) nine health care practitioners with current
25    professional licensure in their field. The Advisory Board
26    shall be composed of health care practitioners

 

 

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1    representing the following areas:
2            (A) neurology;
3            (B) pain management;
4            (C) medical oncology;
5            (D) psychiatry or mental health;
6            (E) infectious disease;
7            (F) family medicine;
8            (G) general primary care;
9            (H) medical ethics;
10            (I) pharmacy;
11            (J) pediatrics; or
12            (K) psychiatry or mental health for children or
13        adolescents.
14    At least one appointed health care practitioner shall have
15direct experience related to the health care needs of veterans
16and at least one individual shall have pediatric experience.
17    (h) Members of the Advisory Board shall be appointed by the
18Governor.
19        (1) Members shall serve a term of 4 years or until a
20    successor is appointed and qualified. If a vacancy occurs,
21    the Governor shall appoint a replacement to complete the
22    original term created by the vacancy.
23        (2) The Governor shall select a chairperson.
24        (3) Members may serve multiple terms.
25        (4) Members shall not have an affiliation with, serve
26    on the board of, or have a business relationship with a

 

 

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1    registered cultivation center or a registered medical
2    cannabis dispensary.
3        (5) Members shall disclose any real or apparent
4    conflicts of interest that may have a direct bearing of the
5    subject matter, such as relationships with pharmaceutical
6    companies, biomedical device manufacturers, or
7    corporations whose products or services are related to the
8    medical condition or disease to be reviewed.
9        (6) Members shall not be paid but shall be reimbursed
10    for travel expenses incurred while fulfilling the
11    responsibilities of the Advisory Board.
12    (i) On June 30, 2016 (the effective date of Public Act
1399-519) this amendatory Act of the 99th General Assembly, the
14terms of office of the members of the Advisory Board serving on
15that effective date shall terminate and the Board shall be
16reconstituted.
17    (j) The Advisory Board shall convene at the call of the
18Chair:
19        (1) to examine debilitating conditions or diseases
20    that would benefit from the medical use of cannabis; and
21        (2) to review new medical and scientific evidence
22    pertaining to currently approved conditions.
23    (k) The Advisory Board shall issue an annual report of its
24activities each year.
25    (l) The Advisory Board shall receive administrative
26support from the Department.

 

 

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1(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16;
299-642, eff. 7-28-16; revised 10-20-16.)
 
3    Section 605. The Illinois Egg and Egg Products Act is
4amended by changing Section 15 as follows:
 
5    (410 ILCS 615/15)  (from Ch. 56 1/2, par. 55-15)
6    Sec. 15. Samples; packing methods.
7    (a) The Department shall prescribe methods in conformity
8with the United States Department of Agriculture
9specifications for selecting samples of lots, cases or
10containers of eggs or egg products which shall be reasonably
11calculated to produce fair representations of the entire lots
12or cases and containers sampled. Any sample taken shall be
13prima facie evidence in any court in this State of the true
14condition of the entire lot, case or container of eggs or egg
15products in the examination of which the sample was taken.
16    It shall be unlawful for any handler or retailer to pack
17eggs into consumer-size containers other than during the
18original candling and grading operations unless the retailer
19performs a lot consolidation.
20    (b) A retailer that wishes to consolidate eggs shall
21implement and administer a training program for employees that
22will perform the consolidation as part of their duties. The
23program shall include, but not be limited to, the following:
24        (1) laws Laws governing egg lot consolidation:

 

 

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1            (A) same lot code;
2            (B) same source;
3            (C) same sell-by date;
4            (D) same grade;
5            (E) same size;
6            (F) same brand;
7        (2) temperature requirements;
8        (3) egg is a hazardous food (FDA Guidelines);
9        (4) sanitation;
10        (5) egg quality (USDA guidelines);
11        (6) original packaging requirements (replacement
12    cartons shall not be utilized); and
13        (7) record keeping requirements.
14    (c) Training shall be conducted annually and may be
15conducted by any means available, including, but not limited
16to, online, computer, classroom, live trainers, and remote
17trainers.
18    (d) A copy of the training material must be made available
19upon request from the Department. A copy of the training
20material may be kept electronically.
21    (e) Eggs shall be consolidated in a manner consistent with
22training materials required by subsection (b).
23    (f) Each store shall maintain a record of each egg carton
24consolidated. The records shall be maintained by the store at
25the physical location the eggs were consolidated at for a
26period not less than one year past the last sell-by date on the

 

 

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1cartons consolidated. The records must be available for
2inspection upon request from the Department. The records may be
3kept electronically.
4    Each lot consolidation shall be documented. The
5information documented shall include, but not be limited to,
6the following:
7        (1) date of consolidation;
8        (2) brand;
9        (3) egg size;
10        (4) distributor;
11        (5) USDA plant number;
12        (6) grade; and
13        (7) best-by (sell-by/use-by) date.
14    (g) An Illinois-based egg producer or Illinois-based egg
15producer-dealer may prohibit its brands from being included in
16an egg lot consolidation program. Any Illinois-based egg
17producer or Illinois-based egg producer-dealer that chooses to
18prohibit its brands from being included in an egg lot
19consolidation program shall notify a retailer in writing before
20entering into an agreement to distribute its eggs to the
21retailer. Producers or producer-dealers with agreements
22entered into prior to January 1, 2017 (the effective date of
23Public Act 99-732) this Act shall have 90 days after January 1,
242017 (the effective date of Public Act 99-732) this Act to
25notify retailers in writing of their choice to prohibit
26consolidation of their egg brands.

 

 

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1    Upon notification from an Illinois-based producer or
2Illinois-based producer dealer, a retailer shall not
3consolidate those brands.
4(Source: P.A. 99-732, eff. 1-1-17; revised 10-26-16.)
 
5    Section 610. The Environmental Protection Act is amended by
6changing Sections 22.28 and 40 as follows:
 
7    (415 ILCS 5/22.28)  (from Ch. 111 1/2, par. 1022.28)
8    Sec. 22.28. White goods.
9    (a) Beginning July 1, 1994, no person shall knowingly offer
10for collection or collect white goods for the purpose of
11disposal by landfilling unless the white good components have
12been removed.
13    (b) Beginning July 1, 1994, no owner or operator of a
14landfill shall accept any white goods for final disposal,
15except that white goods may be accepted if:
16        (1) the landfill participates in the Industrial
17    Materials Exchange Service by communicating the
18    availability of white goods;
19        (2) prior to final disposal, any white good components
20    have been removed from the white goods; and
21        (3) if white good components are removed from the white
22    goods at the landfill, a site operating plan satisfying
23    this Act has been approved under the site operating permit
24    and the conditions of such operating plan are met.

 

 

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1    (c) For the purposes of this Section:
2        (1) "White goods" shall include all discarded
3    refrigerators, ranges, water heaters, freezers, air
4    conditioners, humidifiers and other similar domestic and
5    commercial large appliances.
6        (2) "White good components" shall include:
7            (i) any chlorofluorocarbon refrigerant gas;
8            (ii) any electrical switch containing mercury;
9            (iii) any device that contains or may contain PCBs
10        in a closed system, such as a dielectric fluid for a
11        capacitor, ballast or other component; and
12            (iv) any fluorescent lamp that contains mercury.
13    (d) The Agency is authorized to provide financial
14assistance to units of local government from the Solid Waste
15Management Fund to plan for and implement programs to collect,
16transport and manage white goods. Units of local government may
17apply jointly for financial assistance under this Section.
18    Applications for such financial assistance shall be
19submitted to the Agency and must provide a description of:
20            (A) the area to be served by the program;
21            (B) the white goods intended to be included in the
22        program;
23            (C) the methods intended to be used for collecting
24        and receiving materials;
25            (D) the property, buildings, equipment and
26        personnel included in the program;

 

 

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1            (E) the public education systems to be used as part
2        of the program;
3            (F) the safety and security systems that will be
4        used;
5            (G) the intended processing methods for each white
6        goods type;
7            (H) the intended destination for final material
8        handling location; and
9            (I) any staging sites used to handle collected
10        materials, the activities to be performed at such sites
11        and the procedures for assuring removal of collected
12        materials from such sites.
13    The application may be amended to reflect changes in
14operating procedures, destinations for collected materials, or
15other factors.
16    Financial assistance shall be awarded for a State fiscal
17year, and may be renewed, upon application, if the Agency
18approves the operation of the program.
19    (e) All materials collected or received under a program
20operated with financial assistance under this Section shall be
21recycled whenever possible. Treatment or disposal of collected
22materials are not eligible for financial assistance unless the
23applicant shows and the Agency approves which materials may be
24treated or disposed of under various conditions.
25    Any revenue from the sale of materials collected under such
26a program shall be retained by the unit of local government and

 

 

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1may be used only for the same purposes as the financial
2assistance under this Section.
3    (f) The Agency is authorized to adopt rules necessary or
4appropriate to the administration of this Section.
5    (g) (Blank).
6(Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
 
7    (415 ILCS 5/40)  (from Ch. 111 1/2, par. 1040)
8    Sec. 40. Appeal of permit denial.
9    (a)(1) If the Agency refuses to grant or grants with
10conditions a permit under Section 39 of this Act, the applicant
11may, within 35 days after the date on which the Agency served
12its decision on the applicant, petition for a hearing before
13the Board to contest the decision of the Agency. However, the
1435-day period for petitioning for a hearing may be extended for
15an additional period of time not to exceed 90 days by written
16notice provided to the Board from the applicant and the Agency
17within the initial appeal period. The Board shall give 21 days'
18day notice to any person in the county where is located the
19facility in issue who has requested notice of enforcement
20proceedings and to each member of the General Assembly in whose
21legislative district that installation or property is located;
22and shall publish that 21-day 21 day notice in a newspaper of
23general circulation in that county. The Agency shall appear as
24respondent in such hearing. At such hearing the rules
25prescribed in Section 32 and subsection (a) of Section 33 of

 

 

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1this Act shall apply, and the burden of proof shall be on the
2petitioner. If, however, the Agency issues an NPDES permit that
3imposes limits which are based upon a criterion or denies a
4permit based upon application of a criterion, then the Agency
5shall have the burden of going forward with the basis for the
6derivation of those limits or criterion which were derived
7under the Board's rules.
8    (2) Except as provided in paragraph (a)(3), if there is no
9final action by the Board within 120 days after the date on
10which it received the petition, the petitioner may deem the
11permit issued under this Act, provided, however, that that
12period of 120 days shall not run for any period of time, not to
13exceed 30 days, during which the Board is without sufficient
14membership to constitute the quorum required by subsection (a)
15of Section 5 of this Act, and provided further that such 120
16day period shall not be stayed for lack of quorum beyond 30
17days regardless of whether the lack of quorum exists at the
18beginning of such 120-day 120 day period or occurs during the
19running of such 120-day 120 day period.
20    (3) Paragraph (a)(2) shall not apply to any permit which is
21subject to subsection (b), (d) or (e) of Section 39. If there
22is no final action by the Board within 120 days after the date
23on which it received the petition, the petitioner shall be
24entitled to an Appellate Court order pursuant to subsection (d)
25of Section 41 of this Act.
26    (b) If the Agency grants a RCRA permit for a hazardous

 

 

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1waste disposal site, a third party, other than the permit
2applicant or Agency, may, within 35 days after the date on
3which the Agency issued its decision, petition the Board for a
4hearing to contest the issuance of the permit. Unless the Board
5determines that such petition is duplicative or frivolous, or
6that the petitioner is so located as to not be affected by the
7permitted facility, the Board shall hear the petition in
8accordance with the terms of subsection (a) of this Section and
9its procedural rules governing denial appeals, such hearing to
10be based exclusively on the record before the Agency. The
11burden of proof shall be on the petitioner. The Agency and the
12permit applicant shall be named co-respondents.
13    The provisions of this subsection do not apply to the
14granting of permits issued for the disposal or utilization of
15sludge from publicly-owned sewage works.
16    (c) Any party to an Agency proceeding conducted pursuant to
17Section 39.3 of this Act may petition as of right to the Board
18for review of the Agency's decision within 35 days from the
19date of issuance of the Agency's decision, provided that such
20appeal is not duplicative or frivolous. However, the 35-day
21period for petitioning for a hearing may be extended by the
22applicant for a period of time not to exceed 90 days by written
23notice provided to the Board from the applicant and the Agency
24within the initial appeal period. If another person with
25standing to appeal wishes to obtain an extension, there must be
26a written notice provided to the Board by that person, the

 

 

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1Agency, and the applicant, within the initial appeal period.
2The decision of the Board shall be based exclusively on the
3record compiled in the Agency proceeding. In other respects the
4Board's review shall be conducted in accordance with subsection
5(a) of this Section and the Board's procedural rules governing
6permit denial appeals.
7    (d) In reviewing the denial or any condition of a NA NSR
8permit issued by the Agency pursuant to rules and regulations
9adopted under subsection (c) of Section 9.1 of this Act, the
10decision of the Board shall be based exclusively on the record
11before the Agency including the record of the hearing, if any,
12unless the parties agree to supplement the record. The Board
13shall, if it finds the Agency is in error, make a final
14determination as to the substantive limitations of the permit
15including a final determination of Lowest Achievable Emission
16Rate.
17    (e)(1) If the Agency grants or denies a permit under
18subsection (b) of Section 39 of this Act, a third party, other
19than the permit applicant or Agency, may petition the Board
20within 35 days from the date of issuance of the Agency's
21decision, for a hearing to contest the decision of the Agency.
22    (2) A petitioner shall include the following within a
23petition submitted under subdivision (1) of this subsection:
24        (A) a demonstration that the petitioner raised the
25    issues contained within the petition during the public
26    notice period or during the public hearing on the NPDES

 

 

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1    permit application, if a public hearing was held; and
2        (B) a demonstration that the petitioner is so situated
3    as to be affected by the permitted facility.
4    (3) If the Board determines that the petition is not
5duplicative or frivolous and contains a satisfactory
6demonstration under subdivision (2) of this subsection, the
7Board shall hear the petition (i) in accordance with the terms
8of subsection (a) of this Section and its procedural rules
9governing permit denial appeals and (ii) exclusively on the
10basis of the record before the Agency. The burden of proof
11shall be on the petitioner. The Agency and permit applicant
12shall be named co-respondents.
13    (f) Any person who files a petition to contest the issuance
14of a permit by the Agency shall pay a filing fee.
15(Source: P.A. 99-463, eff. 1-1-16; revised 10-6-16.)
 
16    Section 615. The Wastewater Land Treatment Site Regulation
17Act is amended by changing Section 2 as follows:
 
18    (415 ILCS 50/2)  (from Ch. 111 1/2, par. 582)
19    Sec. 2. Definitions. As used in this Act unless the context
20otherwise requires, the terms specified in the Sections
21following this Section and preceding Section 3 Sections 2.01
22through 2.07 have the meanings ascribed to them in those
23Sections.
24(Source: P.A. 78-350; revised 10-5-16.)
 

 

 

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1    Section 620. The Illinois Pesticide Act is amended by
2changing Sections 4 and 9 as follows:
 
3    (415 ILCS 60/4)  (from Ch. 5, par. 804)
4    Sec. 4. Definitions. As used in this Act:
5    1. "Director" means Director of the Illinois Department of
6Agriculture or his authorized representative.
7    2. "Active Ingredient" means any ingredient which will
8prevent, destroy, repel, control or mitigate a pest or which
9will act as a plant regulator, defoliant or desiccant.
10    3. "Adulterated" shall apply to any pesticide if the
11strength or purity is not within the standard of quality
12expressed on the labeling under which it is sold, distributed
13or used, including any substance which has been substituted
14wholly or in part for the pesticide as specified on the
15labeling under which it is sold, distributed or used, or if any
16valuable constituent of the pesticide has been wholly or in
17part abstracted.
18    4. "Agricultural Commodity" means produce of the land
19including but not limited to plants and plant parts, livestock
20and poultry and livestock or poultry products, seeds, sod,
21shrubs and other products of agricultural origin including the
22premises necessary to and used directly in agricultural
23production. Agricultural commodity also includes aquatic
24products as defined in the Aquaculture Development Act.

 

 

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1    5. "Animal" means all vertebrate and invertebrate species
2including, but not limited to, man and other mammals, bird,
3fish, and shellfish.
4    6. "Beneficial Insects" means those insects which during
5their life cycle are effective pollinators of plants, predators
6of pests or are otherwise beneficial.
7    7. "Certified applicator".
8        A. "Certified applicator" means any individual who is
9    certified under this Act to purchase, use, or supervise the
10    use of pesticides which are classified for restricted use.
11        B. "Private applicator" means a certified applicator
12    who purchases, uses, or supervises the use of any pesticide
13    classified for restricted use, for the purpose of producing
14    any agricultural commodity on property owned, rented, or
15    otherwise controlled by him or his employer, or applied to
16    other property if done without compensation other than
17    trading of personal services between no more than 2
18    producers of agricultural commodities.
19        C. "Licensed Commercial Applicator" means a certified
20    applicator, whether or not he is a private applicator with
21    respect to some uses, who owns or manages a business that
22    is engaged in applying pesticides, whether classified for
23    general or restricted use, for hire. The term also applies
24    to a certified applicator who uses or supervises the use of
25    pesticides, whether classified for general or restricted
26    use, for any purpose or on property of others excluding

 

 

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1    those specified by subparagraphs 7 (B), (D), (E) of Section
2    4 of this Act.
3        D. "Commercial Not For Hire Applicator" means a
4    certified applicator who uses or supervises the use of
5    pesticides classified for general or restricted use for any
6    purpose on property of an employer when such activity is a
7    requirement of the terms of employment and such application
8    of pesticides under this certification is limited to
9    property under the control of the employer only and
10    includes, but is not limited to, the use or supervision of
11    the use of pesticides in a greenhouse setting. "Commercial
12    Not For Hire Applicator" also includes a certified
13    applicator who uses or supervises the use of pesticides
14    classified for general or restricted use as an employee of
15    a state agency, municipality, or other duly constituted
16    governmental agency or unit.
17    8. "Defoliant" means any substance or combination of
18substances which cause leaves or foliage to drop from a plant
19with or without causing abscission.
20    9. "Desiccant" means any substance or combination of
21substances intended for artificially accelerating the drying
22of plant tissue.
23    10. "Device" means any instrument or contrivance, other
24than a firearm or equipment for application of pesticides when
25sold separately from pesticides, which is intended for
26trapping, repelling, destroying, or mitigating any pest, other

 

 

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1than bacteria, virus, or other microorganisms on or living in
2man or other living animals.
3    11. "Distribute" means offer or hold for sale, sell,
4barter, ship, deliver for shipment, receive and then deliver,
5or offer to deliver pesticides, within the State.
6    12. "Environment" includes water, air, land, and all plants
7and animals including man, living therein and the
8interrelationships which exist among these.
9    13. "Equipment" means any type of instruments and
10contrivances using motorized, mechanical or pressure power
11which is used to apply any pesticide, excluding pressurized
12hand-size household apparatus containing dilute ready to apply
13pesticide or used to apply household pesticides.
14    14. "FIFRA" means the "Federal Insecticide, Fungicide, and
15Rodenticide Act", as amended.
16    15. "Fungi" means any non-chlorophyll bearing
17thallophytes, any non-chlorophyll bearing plant of a lower
18order than mosses or liverworts, as for example rust, smut,
19mildew, mold, yeast and bacteria, except those on or in living
20animals including man and those on or in processed foods,
21beverages or pharmaceuticals.
22    16. "Household Substance" means any pesticide customarily
23produced and distributed for use by individuals in or about the
24household.
25    17. "Imminent Hazard" means a situation which exists when
26continued use of a pesticide would likely result in

 

 

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1unreasonable adverse effect on the environment or will involve
2unreasonable hazard to the survival of a species declared
3endangered by the U.S. Secretary of the Interior or to species
4declared to be protected by the Illinois Department of Natural
5Resources.
6    18. "Inert Ingredient" means an ingredient which is not an
7active ingredient.
8    19. "Ingredient Statement" means a statement of the name
9and percentage of each active ingredient together with the
10total percentage of inert ingredients in a pesticide and for
11pesticides containing arsenic in any form, the ingredient
12statement shall include percentage of total and water soluble
13arsenic, each calculated as elemental arsenic. In the case of
14spray adjuvants the ingredient statement need contain only the
15names of the functioning agents and the total percent of those
16constituents ineffective as spray adjuvants.
17    20. "Insect" means any of the numerous small invertebrate
18animals generally having the body more or less obviously
19segmented for the most part belonging to the class Insects,
20comprised of six-legged, usually winged forms, as for example
21beetles, caterpillars, and flies. This definition encompasses
22other allied classes of arthropods whose members are wingless
23and usually have more than 6 legs as for example spiders,
24mites, ticks, centipedes, and millipedes.
25    21. "Label" means the written, printed or graphic matter on
26or attached to the pesticide or device or any of its containers

 

 

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1or wrappings.
2    22. "Labeling" means the label and all other written,
3printed or graphic matter: (a) on the pesticide or device or
4any of its containers or wrappings, (b) accompanying the
5pesticide or device or referring to it in any other media used
6to disseminate information to the public, (c) to which
7reference is made to the pesticide or device except when
8references are made to current official publications of the U.
9S. Environmental Protection Agency, Departments of
10Agriculture, Health, Education and Welfare or other Federal
11Government institutions, the state experiment station or
12colleges of agriculture or other similar state institution
13authorized to conduct research in the field of pesticides.
14    23. "Land" means all land and water area including
15airspace, and all plants, animals, structures, buildings,
16contrivances, and machinery appurtenant thereto or situated
17thereon, fixed or mobile, including any used for
18transportation.
19    24. "Licensed Operator" means a person employed to apply
20pesticides to the lands of others under the direction of a
21"licensed commercial applicator" or a "licensed commercial
22not-for-hire applicator".
23    25. "Nematode" means invertebrate animals of the phylum
24nemathelminthes and class nematoda, also referred to as nemas
25or eelworms, which are unsegmented roundworms with elongated
26fusiform or sac-like bodies covered with cuticle and inhabiting

 

 

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1soil, water, plants or plant parts.
2    26. "Permit" means a written statement issued by the
3Director or his authorized agent, authorizing certain acts of
4pesticide purchase or of pesticide use or application on an
5interim basis prior to normal certification, registration, or
6licensing.
7    27. "Person" means any individual, partnership,
8association, fiduciary, corporation, or any organized group of
9persons whether incorporated or not.
10    28. "Pest" means (a) any insect, rodent, nematode, fungus,
11weed, or (b) any other form of terrestrial or aquatic plant or
12animal life or virus, bacteria, or other microorganism,
13excluding virus, bacteria, or other microorganism on or in
14living animals including man, which the Director declares to be
15a pest.
16    29. "Pesticide" means any substance or mixture of
17substances intended for preventing, destroying, repelling, or
18mitigating any pest or any substance or mixture of substances
19intended for use as a plant regulator, defoliant or desiccant.
20    30. "Pesticide Dealer" means any person who distributes
21registered pesticides to the user.
22    31. "Plant Regulator" means any substance or mixture of
23substances intended through physiological action to affect the
24rate of growth or maturation or otherwise alter the behavior of
25ornamental or crop plants or the produce thereof. This does not
26include substances which are not intended as plant nutrient

 

 

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1trace elements, nutritional chemicals, plant or seed
2inoculants or soil conditioners or amendments.
3    32. "Protect Health and Environment" means to guard against
4any unreasonable adverse effects on the environment.
5    33. "Registrant" means person who has registered any
6pesticide pursuant to the provision of FIFRA and this Act.
7    34. "Restricted Use Pesticide" means any pesticide with one
8or more of its uses classified as restricted by order of the
9Administrator of USEPA.
10    35. "SLN Registration" means registration of a pesticide
11for use under conditions of special local need as defined by
12FIFRA.
13    36. "State Restricted Pesticide Use" means any pesticide
14use which the Director determines, subsequent to public
15hearing, that an additional restriction for that use is needed
16to prevent unreasonable adverse effects.
17    37. "Structural Pest" means any pests which attack and
18destroy buildings and other structures or which attack
19clothing, stored food, commodities stored at food
20manufacturing and processing facilities or manufactured and
21processed goods.
22    38. "Unreasonable Adverse Effects on the Environment"
23means the unreasonable risk to the environment, including man,
24from the use of any pesticide, when taking into account accrued
25benefits of as well as the economic, social, and environmental
26costs of its use.

 

 

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1    39. "USEPA" means United States Environmental Protection
2Agency.
3    40. "Use inconsistent with the label" means to use a
4pesticide in a manner not consistent with the label
5instruction, the definition adopted in FIFRA as interpreted by
6USEPA shall apply in Illinois.
7    41. "Weed" means any plant growing in a place where it is
8not wanted.
9    42. "Wildlife" means all living things, not human,
10domestic, or pests.
11    43. "Bulk pesticide" means any registered pesticide which
12is transported or held in an individual container in undivided
13quantities of greater than 55 U.S. gallons liquid measure or
14100 pounds net dry weight.
15    44. "Bulk repackaging" means the transfer of a registered
16pesticide from one bulk container (containing undivided
17quantities of greater than 100 U.S. gallons liquid measure or
18100 pounds net dry weight) to another bulk container
19(containing undivided quantities of greater than 100 U.S.
20gallons liquid measure or 100 pounds net dry weight) in an
21unaltered state in preparation for sale or distribution to
22another person.
23    45. "Business" means any individual, partnership,
24corporation or association engaged in a business operation for
25the purpose of selling or distributing pesticides or providing
26the service of application of pesticides in this State.

 

 

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1    46. "Facility" means any building or structure and all real
2property contiguous thereto, including all equipment fixed
3thereon used for the operation of the business.
4    47. "Chemigation" means the application of a pesticide
5through the systems or equipment employed for the primary
6purpose of irrigation of land and crops.
7    48. "Use" means any activity covered by the pesticide label
8including but not limited to application of pesticide, mixing
9and loading, storage of pesticides or pesticide containers,
10disposal of pesticides and pesticide containers and reentry
11into treated sites or areas.
12(Source: P.A. 98-756, eff. 7-16-14; 99-540, eff. 1-1-17;
13revised 10-6-16.)
 
14    (415 ILCS 60/9)  (from Ch. 5, par. 809)
15    Sec. 9. Licenses and pesticide dealer registrations
16requirements; certification.
17    (a) Licenses and pesticide dealer registrations issued
18pursuant to this Act as a result of certification attained in
19calendar year 2017 or earlier shall be valid for the calendar
20year in which they were issued, except that private applicator
21licenses shall be valid for the calendar year in which they
22were issued plus 2 additional calendar years. All licenses and
23pesticide dealer registrations shall expire on December 31 of
24the year in which they are it is to expire. A license or
25pesticide dealer registration in effect on the 31st of

 

 

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1December, for which renewal has been made within 60 days
2following the date of expiration, shall continue in full force
3and effect until the Director notifies the applicant that
4renewal has been approved and accepted or is to be denied in
5accordance with this Act. The Director shall not issue a
6license or pesticide dealer registration to a first time
7applicant or to a person who has not made application for
8renewal on or before March 1 following the expiration date of
9the license or pesticide dealer registration until such
10applicant or person has been certified by the Director as
11having successfully demonstrated competence and knowledge
12regarding pesticide use. The Director shall issue a license or
13pesticide dealer registration to a person that made application
14after March 1 and before April 15 if that application is
15accompanied by a late application fee. A licensee or pesticide
16dealer shall be required to be recertified for competence and
17knowledge regarding pesticide use at least once every 3 years
18and at such other times as deemed necessary by the Director to
19assure a continued level of competence and ability. The
20Director shall by regulation specify the standard of
21qualification for certification and the manner of establishing
22an applicant's competence and knowledge. A certification shall
23remain valid only if an applicant attains licensure or
24pesticide dealer registration during the calendar year in which
25certification was granted and the licensure is maintained
26throughout the 3-year certification period.

 

 

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1    (b) Multi-year licenses and pesticide dealer registrations
2issued pursuant to this Act as a result of certification
3attained in calendar year 2018 or thereafter shall be valid for
4the calendar year in which they were issued plus 2 additional
5calendar years. All licenses and pesticide dealer
6registrations shall expire on December 31 of the year in which
7they are to expire. A license or pesticide dealer registration
8in effect on the 31st of December, for which recertification
9and licensure has been made within 60 days following the date
10of expiration, shall continue in full force and effect until
11the Director notifies the applicant that recertification and
12licensure has been approved and accepted or is to be denied in
13accordance with this Act. A licensee or pesticide dealer shall
14be required to be recertified for competence and knowledge
15regarding pesticide use at least once every 3 years and at such
16other times as deemed necessary by the Director to assure a
17continued level of competence and ability. The Director shall
18by rule specify the standard of qualification for certification
19and the manner of establishing the applicant's competence and
20knowledge. A certification shall remain valid only if an
21applicant attains licensure or pesticide dealer registration
22during the calendar year in which certification was granted and
23the licensure is maintained throughout the 3-year
24certification period. Notwithstanding the other provisions of
25this subsection (b), the employer of a pesticide applicator or
26operator licensee may notify the Director that the licensee's

 

 

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1employment has been terminated. If the employer submits that
2notification, the employer shall return to the Director the
3licensee's pesticide applicator or operator license card and
4may request that the unused portion of the terminated
5licensee's pesticide applicator or operator license term be
6transferred to a newly certified or re-certified individual,
7and the Director may issue the appropriate pesticide applicator
8or operator license to the newly certified or re-certified
9individual with an expiration date equal to the original
10license after payment of a $10 transfer fee.
11    (c) The Director may refuse to issue a license or pesticide
12dealer registration based upon the violation history of the
13applicant.
14(Source: P.A. 98-923, eff. 1-1-15; 99-540, eff. 1-1-17; revised
1510-6-16.)
 
16    Section 625. The Mercury Thermostat Collection Act is
17amended by changing Section 25 as follows:
 
18    (415 ILCS 98/25)
19    (Section scheduled to be repealed on January 1, 2021)
20    Sec. 25. Collection goals. The collection programs
21established by thermostat manufacturers under this Act shall be
22designed to collectively achieve the following statewide
23goals:
24        (a) For calendar year 2011, the collection of least

 

 

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1    5,000 mercury thermostats taken out of service in the State
2    during the calendar year.
3        (b) For calendar years 2012, 2013, and 2014, the
4    collection of at least 15,000 mercury thermostats taken out
5    of service in the State during each calendar year.
6        (c) For calendar years 2015 through 2020, the
7    collection goals shall be established by the Agency. The
8    Agency shall establish collection goals no later than
9    November 1, 2014. The collection goals established by the
10    Agency shall maximize the annual collection of
11    out-of-service mercury thermostats in the State. In
12    developing the collection goals, the Agency shall take into
13    account, at a minimum, (i) the effectiveness of collection
14    programs for out-of-service mercury thermostats in the
15    State and other states, including education and outreach
16    efforts, (ii) collection requirements in other states,
17    (iii) any reports or studies on the number of
18    out-of-service mercury thermostats that are available for
19    collection in this State, other states, and nationally, and
20    (iv) other factors. Prior to establishing the collection
21    goals, the Agency shall consult with stakeholder groups
22    that include, at a minimum, representatives of thermostat
23    manufacturers, environmental groups, thermostat
24    wholesalers, contractors, and thermostat retailers.
25    (d) The collection goals established by the Agency under
26subsection (c) of this Section are statements of general

 

 

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1applicability under Section 1-70 of the Illinois
2Administrative Procedure Act and shall be adopted in accordance
3with the procedures of that Act. Any person adversely affected
4by a goal established by the Agency under subsection (c) of
5this Section may obtain a determination of the validity or
6application of the goal by filing a petition for review within
735 days after the date the adopted goal is published in the
8Illinois Register pursuant to subsection (d) of Section 5-40 40
9of the Illinois Administrative Procedure Act. Review shall be
10afforded directly in the Appellate Court for the District in
11which the cause of action arose and not the Circuit Court.
12During the pendency of the review, the goal under review shall
13remain in effect.
14    (e) For the purposes of determining compliance with the
15collection goals established under this Section, for calendar
16year 2015 and for each calendar year thereafter, the number of
17out-of-service mercury thermostats represented by loose
18ampoules shall be calculated:
19            (1) using a conversion factor such that each loose
20        mercury ampoule collected shall be deemed the
21        equivalent of 0.85 mercury thermostats; or
22            (2) using an alternative conversion factor
23        determined by the manufacturer or group of
24        manufacturers.
25        A manufacturer or group of manufacturers shall include
26    data and calculations to support its use of an alternative

 

 

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1    conversion factor.
2(Source: P.A. 99-122, eff. 7-23-15; revised 10-26-16.)
 
3    Section 635. The Firearm Owners Identification Card Act is
4amended by changing Section 9 as follows:
 
5    (430 ILCS 65/9)  (from Ch. 38, par. 83-9)
6    Sec. 9. Every person whose application for a Firearm
7Owner's Identification Card is denied, and every holder of such
8a Card whose Card is revoked or seized, shall receive a written
9notice from the Department of State Police stating specifically
10the grounds upon which his application has been denied or upon
11which his Identification Card has been revoked. The written
12notice shall include the requirements of Section 9.5 of this
13Act and the person's persons's right to administrative or
14judicial review under Section 10 and 11 of this Act. A copy of
15the written notice shall be provided to the sheriff and law
16enforcement agency where the person resides.
17(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13; revised
1810-5-16.)
 
19    Section 640. The Livestock Management Facilities Act is
20amended by changing Section 30 as follows:
 
21    (510 ILCS 77/30)
22    Sec. 30. Certified Livestock Manager. The Department shall

 

 

HB3855 Engrossed- 1147 -LRB100 05985 AMC 16014 b

1establish a Certified Livestock Manager program in conjunction
2with the livestock industry that will enhance management skills
3in critical areas, such as environmental awareness, safety
4concerns, odor control techniques and technology, neighbor
5awareness, current best management practices, and the
6developing and implementing of manure management plans.
7    (a) Applicability. A livestock waste handling facility
8serving 300 or greater animal units shall be operated only
9under the supervision of a certified livestock manager.
10Notwithstanding Not withstanding the before-stated provision,
11a livestock waste handling facility may be operated on an
12interim basis, but not to exceed 6 months, to allow for the
13owner or operator of the facility to become certified.
14    (b) A certification program shall include the following:
15        (1) A general working knowledge of best management
16    practices.
17        (2) A general working knowledge of livestock waste
18    handling practices and procedures.
19        (3) A general working knowledge of livestock
20    management operations and related safety issues.
21        (4) An awareness and understanding of the
22    responsibility of the owner or operator for all employees
23    who may be involved with waste handling.
24    (c) Any certification issued shall be valid for 3 years and
25thereafter be subject to renewal. A renewal shall be valid for
26a 3 year period and the procedures set forth in this Section

 

 

HB3855 Engrossed- 1148 -LRB100 05985 AMC 16014 b

1shall be followed. The Department may require anyone who is
2certified to be recertified in less than 3 years for just cause
3including but not limited to repeated complaints where
4investigations reveal the need to improve management
5practices.
6    (d) Methods for obtaining certified livestock manager
7status.
8        (1) The owner or operator of a livestock waste handling
9    facility serving 300 or greater animal units but less than
10    1,000 animal units shall become a certified livestock
11    manager by:
12            (A) attending a training session conducted by the
13        Department of Agriculture, Cooperative Extension
14        Service, or any agriculture association, which has
15        been approved by or is in cooperation with the
16        Department; or
17            (B) in lieu of attendance at a training session,
18        successfully completing a written competency
19        examination.
20        (2) The owner or operator of a livestock waste handling
21    facility serving 1,000 or greater animal units shall become
22    a certified livestock manager by attending a training
23    session conducted by the Department of Agriculture,
24    Cooperative Extension Service, or any agriculture
25    association, which has been approved by or is in
26    cooperation with the Department and successfully

 

 

HB3855 Engrossed- 1149 -LRB100 05985 AMC 16014 b

1    completing a written competency examination.
2    (e) The certified livestock manager certificate shall be
3issued by the Department and shall indicate that the person
4named on the certificate is certified as a livestock management
5facility manager, the dates of certification, and when renewal
6is due.
7    (f) For the years prior to 2011, the Department shall
8charge $10 for the issuance or renewal of a certified livestock
9manager certificate. For the years 2011 and thereafter, the
10Department shall charge $30 for the issuance or renewal of a
11certified livestock manager certificate. The Department may,
12by rule, establish fees to cover the costs of materials and
13training for training sessions given by the Department.
14    (g) The owner or operator of a livestock waste handling
15facility operating in violation of the provisions of subsection
16(a) of this Section shall be issued a warning letter for the
17first violation and shall be required to have a certified
18manager for the livestock waste handling facility within 30
19working days. For failure to comply with the warning letter
20within the 30 day period, the person shall be fined an
21administrative penalty of up to $1,000 by the Department and
22shall be required to enter into an agreement to have a
23certified manager for the livestock waste handling facility
24within 30 working days. For continued failure to comply, the
25Department may issue an operational cease and desist order
26until compliance is attained.

 

 

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1(Source: P.A. 96-1310, eff. 7-27-10; revised 10-5-16.)
 
2    Section 645. The Wildlife Code is amended by changing
3Section 2.33a as follows:
 
4    (520 ILCS 5/2.33a)  (from Ch. 61, par. 2.33a)
5    Sec. 2.33a. Trapping.
6    (a) It is unlawful to fail to visit and remove all animals
7from traps staked out, set, used, tended, placed or maintained
8at least once each calendar day.
9    (b) It is unlawful for any person to place, set, use, or
10maintain a leghold trap or one of similar construction on land,
11that has a jaw spread of larger than 6 1/2 inches (16.6 CM), or
12a body-gripping trap or one of similar construction having a
13jaw spread larger than 7 inches (17.8 CM) on a side if square
14and 8 inches (20.4 CM) if round.
15    (c) It is unlawful for any person to place, set, use, or
16maintain a leghold trap or one of similar construction in
17water, that has a jaw spread of larger than 7 1/2 inches (19.1
18CM), or a body-gripping trap or one of similar construction
19having a jaw spread larger than 10 inches (25.4 CM) on a side
20if square and 12 inches (30.5 CM) if round.
21    (d) It is unlawful to use any trap with saw-toothed,
22spiked, or toothed jaws.
23    (e) It is unlawful to destroy, disturb or in any manner
24interfere with dams, lodges, burrows or feed beds of beaver

 

 

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1while trapping for beaver or to set a trap inside a muskrat
2house or beaver lodge, except that this shall not apply to
3Drainage Districts that who are acting pursuant to the
4provisions of Section 2.37.
5    (f) It is unlawful to trap beaver or river otter with: (1)
6a leghold trap or one of similar construction having a jaw
7spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2
8inches (19.1 CM), or (2) a body-gripping trap or one of similar
9construction having a jaw spread of less than 7 inches (17.7
10CM) or more than 10 inches (25.4 CM) on a side if square and 12
11inches (30.5 CM) if round, except that these restrictions shall
12not apply during the open season for trapping raccoons.
13    (g) It is unlawful to set traps closer than 10 feet (3.05
14M) from any hole or den which may be occupied by a game mammal
15or fur-bearing mammal except that this restriction shall not
16apply to water sets.
17    (h) It is unlawful to trap or attempt to trap any
18fur-bearing mammal with any colony, cage, box, or stove-pipe
19trap designed to take more than one mammal at a single setting.
20    (i) It is unlawful for any person to set or place any trap
21designed to take any fur-bearing mammal protected by this Act
22during the closed trapping season. Proof that any trap was
23placed during the closed trapping season shall be deemed prima
24facie evidence of a violation of this provision.
25    (j) It is unlawful to place, set, or maintain any leghold
26trap or one of similar construction within thirty (30) feet

 

 

HB3855 Engrossed- 1152 -LRB100 05985 AMC 16014 b

1(9.14 m) of bait placed in such a manner or position that it is
2not completely covered and concealed from sight, except that
3this shall not apply to underwater sets. Bait shall mean and
4include any bait composed of mammal, bird, or fish flesh, fur,
5hide, entrails or feathers.
6    (k) (Blank).
7    (l) It is unlawful for any person to place, set, use or
8maintain a snare trap or one of similar construction in water,
9that has a loop diameter exceeding 15 inches (38.1 CM) or a
10cable or wire diameter of more than 1/8 inch (3.2 MM) or less
11than 5/64 inch (2.0 MM), that is constructed of stainless steel
12metal cable or wire, and that does not have a mechanical lock,
13anchor swivel and stop device to prevent the mechanical lock
14from closing the noose loop to a diameter of less than 2 1/2
15inches (6.4 CM).
16    (m) It is unlawful to trap muskrat or mink with (1) a
17leghold trap or one of similar construction or (2) a
18body-gripping trap or one of similar construction unless the
19body-gripping trap or similar trap is completely submerged
20underwater when set. These restrictions shall not apply during
21the open season for trapping raccoons.
22(Source: P.A. 99-33, eff. 1-1-16; revised 10-27-16.)
 
23    Section 650. The Illinois Vehicle Code is amended by
24changing Sections 1-132, 2-115, 3-114.1, 3-414, 3-506,
253-699.14, 3-704.1, 3-809, 6-106, 7-311, 11-905, 11-907,

 

 

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111-908, 11-1431, 15-107, and 18c-7402 as follows:
 
2    (625 ILCS 5/1-132)  (from Ch. 95 1/2, par. 1-132)
3    Sec. 1-132. Intersection.
4    (a) The area embraced within the prolongation or connection
5of the lateral curb lines, or, if none, then the lateral
6boundary lines of the roadways of two highways which join one
7another at, or approximately at, right angles or the area
8within which vehicles traveling upon different roadways
9joining at any other angle may come in conflict.
10    (b) Where a highway includes two roadways 40 feet or more
11apart, then every crossing of each roadway of such divided
12highway by an intersecting highway shall be regarded as a
13separate intersection.
14    (c) The junction of an alley with a street or highway does
15not constitute an intersection.
16(Source: P.A. 77-321; revised 9-14-16.)
 
17    (625 ILCS 5/2-115)  (from Ch. 95 1/2, par. 2-115)
18    Sec. 2-115. Investigators.
19    (a) The Secretary of State, for the purpose of more
20effectively carrying out the provisions of the laws in relation
21to motor vehicles, shall have power to appoint such number of
22investigators as he may deem necessary. It shall be the duty of
23such investigators to investigate and enforce violations of the
24provisions of this Act administered by the Secretary of State

 

 

HB3855 Engrossed- 1154 -LRB100 05985 AMC 16014 b

1and provisions of Chapters 11, 12, 13, 14, and 15 and to
2investigate and report any violation by any person who operates
3as a motor carrier of property as defined in Section 18-100 of
4this Act and does not hold a valid certificate or permit. Such
5investigators shall have and may exercise throughout the State
6all of the powers of peace officers.
7    No person may be retained in service as an investigator
8under this Section after he or she has reached 60 years of age,
9except for a person employed in the title of Capitol Police
10Investigator and who began employment on or after January 1,
112011, in which case, that person they may not be retained in
12service after that person has reached 65 years of age.
13    The Secretary of State must authorize to each investigator
14employed under this Section and to any other employee of the
15Office of the Secretary of State exercising the powers of a
16peace officer a distinct badge that, on its face, (i) clearly
17states that the badge is authorized by the Office of the
18Secretary of State and (ii) contains a unique identifying
19number. No other badge shall be authorized by the Office of the
20Secretary of State.
21    (b) The Secretary may expend such sums as he deems
22necessary from Contractual Services appropriations for the
23Department of Police for the purchase of evidence, for the
24employment of persons to obtain evidence, and for the payment
25for any goods or services related to obtaining evidence. Such
26sums shall be advanced to investigators authorized by the

 

 

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1Secretary to expend funds, on vouchers signed by the Secretary.
2In addition, the Secretary of State is authorized to maintain
3one or more commercial checking accounts with any State banking
4corporation or corporations organized under or subject to the
5Illinois Banking Act for the deposit and withdrawal of moneys
6to be used solely for the purchase of evidence and for the
7employment of persons to obtain evidence, or for the payment
8for any goods or services related to obtaining evidence;
9provided that no check may be written on nor any withdrawal
10made from any such account except on the written signatures of
112 persons designated by the Secretary to write such checks and
12make such withdrawals, and provided further that the balance of
13moneys on deposit in any such account shall not exceed $5,000
14at any time, nor shall any one check written on or single
15withdrawal made from any such account exceed $5,000.
16    All fines or moneys collected or received by the Department
17of Police under any State or federal forfeiture statute;
18including, but not limited to moneys forfeited under Section 12
19of the Cannabis Control Act, moneys forfeited under Section 85
20of the Methamphetamine Control and Community Protection Act,
21and moneys distributed under Section 413 of the Illinois
22Controlled Substances Act, shall be deposited into the
23Secretary of State Evidence Fund.
24    In all convictions for offenses in violation of this Act,
25the Court may order restitution to the Secretary of any or all
26sums expended for the purchase of evidence, for the employment

 

 

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1of persons to obtain evidence, and for the payment for any
2goods or services related to obtaining evidence. All such
3restitution received by the Secretary shall be deposited into
4the Secretary of State Evidence Fund. Moneys deposited into the
5fund shall, subject to appropriation, be used by the Secretary
6of State for the purposes provided for under the provisions of
7this Section.
8(Source: P.A. 99-896, eff. 1-1-17; revised 10-25-16.)
 
9    (625 ILCS 5/3-114.1)
10    Sec. 3-114.1. Transfers to and from charitable
11organizations. When a charitable not-for-profit organization
12that is exempt from federal income taxation under Section
13501(c)(3) of the Internal Revenue Code becomes the recipient of
14a motor vehicle by means of a donation from an individual, the
15organization need not send the certificate of title to the
16Secretary of State. Upon transferring the motor vehicle, the
17organization shall promptly and within 20 days execute the
18reassignment to reflect the transfer from the organization to
19the purchaser. The organization is specifically authorized to
20complete and execute the space reserved in the certificate of
21title for a dealer reassignment, notwithstanding not
22withstanding that the organization is not a licensed dealer.
23Nothing in this Section shall be construed to require the
24organization to become a licensed vehicle dealer.
25(Source: P.A. 92-495, eff. 1-1-02; revised 9-14-16.)
 

 

 

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1    (625 ILCS 5/3-414)  (from Ch. 95 1/2, par. 3-414)
2    Sec. 3-414. Expiration of registration.
3    (a) Every vehicle registration under this Chapter and every
4registration card and registration plate or registration
5sticker issued hereunder to a vehicle shall be for the periods
6specified in this Chapter and shall expire at midnight on the
7day and date specified in this Section as follows:
8        1. When registered on a calendar year basis commencing
9    January 1, expiration shall be on the 31st day of December
10    or at such other date as may be selected in the discretion
11    of the Secretary of State; however, through December 31,
12    2004, registrations of apportionable vehicles,
13    motorcycles, motor driven cycles and pedalcycles shall
14    commence on the first day of April and shall expire March
15    31st of the following calendar year;
16        1.1. Beginning January 1, 2005, registrations of
17    motorcycles and motor driven cycles shall commence on
18    January 1 and shall expire on December 31 or on another
19    date that may be selected by the Secretary; registrations
20    of apportionable vehicles and pedalcycles, however, shall
21    commence on the first day of April and shall expire March
22    31 of the following calendar year;
23        2. When registered on a 2 calendar year basis
24    commencing January 1 of an even-numbered year, expiration
25    shall be on the 31st day of December of the ensuing

 

 

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1    odd-numbered year, or at such other later date as may be
2    selected in the discretion of the Secretary of State not
3    beyond March 1 next;
4        3. When registered on a fiscal year basis commencing
5    July 1, expiration shall be on the 30th day of June or at
6    such other later date as may be selected in the discretion
7    of the Secretary of State not beyond September 1 next;
8        4. When registered on a 2 fiscal year basis commencing
9    July 1 of an even-numbered year, expiration shall be on the
10    30th day of June of the ensuing even-numbered year, or at
11    such other later date as may be selected in the discretion
12    of the Secretary of State not beyond September 1 next;
13        5. When registered on a 4 fiscal year basis commencing
14    July 1 of an even-numbered year, expiration shall be on the
15    30th day of June of the second ensuing even-numbered year,
16    or at such other later date as may be selected in the
17    discretion of the Secretary of State not beyond September 1
18    next. ;
19    (a-5) The Secretary may, in his or her discretion, require
20an owner of a motor vehicle of the first division or a motor
21vehicle of the second division weighing not more than 8,000
22pounds to select the owner's birthday as the date of
23registration expiration under this Section. If the motor
24vehicle has more than one registered owner, the owners may
25select one registered owner's birthday as the date of
26registration expiration. The Secretary may adopt any rules

 

 

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1necessary to implement this subsection.
2    (b) Vehicle registrations of vehicles of the first division
3shall be for a calendar year, 2 calendar year, 3 calendar year,
4or 5 calendar year basis as provided for in this Chapter.
5    Vehicle registrations of vehicles under Sections 3-807,
63-808 and 3-809 shall be on an indefinite term basis or a 2
7calendar year basis as provided for in this Chapter.
8    Vehicle registrations for vehicles of the second division
9shall be for a fiscal year, 2 fiscal year or calendar year
10basis as provided for in this Chapter.
11    Motor vehicles registered under the provisions of Section
123-402.1 shall be issued multi-year registration plates with a
13new registration card issued annually upon payment of the
14appropriate fees. Motor vehicles registered under the
15provisions of Section 3-405.3 shall be issued multi-year
16registration plates with a new multi-year registration card
17issued pursuant to subsections (j), (k), and (l) of this
18Section upon payment of the appropriate fees. Apportionable
19trailers and apportionable semitrailers registered under the
20provisions of Section 3-402.1 shall be issued multi-year
21registration plates and cards that will be subject to
22revocation for failure to pay annual fees required by Section
233-814.1. The Secretary shall determine when these vehicles
24shall be issued new registration plates.
25    (c) Every vehicle registration specified in Section 3-810
26and every registration card and registration plate or

 

 

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1registration sticker issued thereunder shall expire on the 31st
2day of December of each year or at such other date as may be
3selected in the discretion of the Secretary of State.
4    (d) Every vehicle registration for a vehicle of the second
5division weighing over 8,000 pounds, except as provided in
6paragraph (g) of this Section, and every registration card and
7registration plate or registration sticker, where applicable,
8issued hereunder to such vehicles shall be issued for a fiscal
9year commencing on July 1st of each registration year. However,
10the Secretary of State may, pursuant to an agreement or
11arrangement or declaration providing for apportionment of a
12fleet of vehicles with other jurisdictions, provide for
13registration of such vehicles under apportionment or for all of
14the vehicles registered in Illinois by an applicant who
15registers some of his vehicles under apportionment on a
16calendar year basis instead, and the fees or taxes to be paid
17on a calendar year basis shall be identical to those specified
18in this Act for a fiscal year registration. Provision for
19installment payment may also be made.
20    (e) Semitrailer registrations under apportionment may be
21on a calendar year under a reciprocal agreement or arrangement
22and all other semitrailer registrations shall be on fiscal year
23or 2 fiscal year or 4 fiscal year basis as provided for in this
24Chapter.
25    (f) The Secretary of State may convert annual registration
26plates or 2-year registration plates, whether registered on a

 

 

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1calendar year or fiscal year basis, to multi-year plates. The
2determination of which plate categories and when to convert to
3multi-year plates is solely within the discretion of the
4Secretary of State.
5    (g) After January 1, 1975, each registration, registration
6card and registration plate or registration sticker, where
7applicable, issued for a recreational vehicle or recreational
8or camping trailer, except a house trailer, used exclusively by
9the owner for recreational purposes, and not used commercially
10nor as a truck or bus, nor for hire, shall be on a calendar year
11basis; except that the Secretary of State shall provide for
12registration and the issuance of registration cards and plates
13or registration stickers, where applicable, for one 6-month
14period in order to accomplish an orderly transition from a
15fiscal year to a calendar year basis. Fees and taxes due under
16this Act for a registration year shall be appropriately reduced
17for such 6-month transitional registration period.
18    (h) The Secretary of State may, in order to accomplish an
19orderly transition for vehicles registered under Section
203-402.1 of this Code from a calendar year registration to a
21March 31st expiration, require applicants to pay fees and taxes
22due under this Code on a 15 month registration basis. However,
23if in the discretion of the Secretary of State this creates an
24undue hardship on any applicant the Secretary may allow the
25applicant to pay 3 month fees and taxes at the time of
26registration and the additional 12 month fees and taxes to be

 

 

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1payable no later than March 31, 1992 31 of the year after this
2amendatory Act of 1991 takes effect.
3    (i) The Secretary of State may stagger registrations, or
4change the annual expiration date, as necessary for the
5convenience of the public and the efficiency of his Office. In
6order to appropriately and effectively accomplish any such
7staggering, the Secretary of State is authorized to prorate all
8required registration fees, rounded to the nearest dollar, but
9in no event for a period longer than 18 months, at a monthly
10rate for a 12 month registration fee.
11    (j) The Secretary of State may enter into an agreement with
12a rental owner, as defined in Section 3-400 of this Code, who
13registers a fleet of motor vehicles of the first division
14pursuant to Section 3-405.3 of this Code to provide for the
15registration of the rental owner's vehicles on a 2 or 3
16calendar year basis and the issuance of multi-year registration
17plates with a new registration card issued up to every 3 years.
18    (k) The Secretary of State may provide multi-year
19registration cards for any registered fleet of motor vehicles
20of the first or second division that are registered pursuant to
21Section 3-405.3 of this Code. Each motor vehicle of the
22registered fleet must carry an unique multi-year registration
23card that displays the vehicle identification number of the
24registered motor vehicle. The Secretary of State shall
25promulgate rules in order to implement multi-year
26registrations.

 

 

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1    (l) Beginning with the 2018 registration year, the
2Secretary of State may enter into an agreement with a rental
3owner, as defined in Section 3-400 of this Code, who registers
4a fleet of motor vehicles of the first division under Section
53-405.3 of this Code to provide for the registration of the
6rental owner's vehicle on a 5 calendar year basis. Motor
7vehicles registered on a 5 calendar year basis shall be issued
8a distinct registration plate that expires on a 5-year cycle.
9The Secretary may prorate the registration of these
10registration plates to the length of time remaining in the
115-year cycle. The Secretary may adopt any rules necessary to
12implement this subsection.
13(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; revised
1410-26-16.)
 
15    (625 ILCS 5/3-506)
16    Sec. 3-506. Transfer of plates to spouses of military
17service members. Upon the death of a military service member
18who has been issued a special plate plates under Section
193-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626,
203-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667,
213-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688,
223-693, 3-698, or 3-699.12 of this Code, the surviving spouse of
23that service member may retain the plate so long as that spouse
24is a resident of Illinois and transfers the registration to his
25or her name within 180 days of the death of the service member.

 

 

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1    For the purposes of this Section, "service member" means
2any individual who is serving or has served in any branch of
3the United States Armed Forces, including the National Guard or
4other reserve components of the Armed Forces, and has been
5issued a special plate listed in this Section.
6(Source: P.A. 99-805, eff. 1-1-17; revised 10-27-16.)
 
7    (625 ILCS 5/3-699.14)
8    Sec. 3-699.14. Universal special license plates.
9    (a) In addition to any other special license plate, the
10Secretary, upon receipt of all applicable fees and applications
11made in the form prescribed by the Secretary, may issue
12Universal special license plates to residents of Illinois on
13behalf of organizations that have been authorized by the
14General Assembly to issue decals for Universal special license
15plates. Appropriate documentation, as determined by the
16Secretary, shall accompany each application. Authorized
17organizations shall be designated by amendment to this Section.
18When applying for a Universal special license plate the
19applicant shall inform the Secretary of the name of the
20authorized organization from which the applicant will obtain a
21decal to place on the plate. The Secretary shall make a record
22of that organization and that organization shall remain
23affiliated with that plate until the plate is surrendered,
24revoked, or otherwise cancelled. The authorized organization
25may charge a fee to offset the cost of producing and

 

 

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1distributing the decal, but that fee shall be retained by the
2authorized organization and shall be separate and distinct from
3any registration fees charged by the Secretary. No decal,
4sticker, or other material may be affixed to a Universal
5special license plate other than a decal authorized by the
6General Assembly in this Section or a registration renewal
7sticker. The special plates issued under this Section shall be
8affixed only to passenger vehicles of the first division,
9including motorcycles and autocycles, or motor vehicles of the
10second division weighing not more than 8,000 pounds. Plates
11issued under this Section shall expire according to the
12multi-year procedure under Section 3-414.1 of this Code.
13    (b) The design, color, and format of the Universal special
14license plate shall be wholly within the discretion of the
15Secretary. Universal special license plates are not required to
16designate "Land of Lincoln", as prescribed in subsection (b) of
17Section 3-412 of this Code. The design shall allow for the
18application of a decal to the plate. Organizations authorized
19by the General Assembly to issue decals for Universal special
20license plates shall comply with rules adopted by the Secretary
21governing the requirements for and approval of Universal
22special license plate decals. The Secretary may, in his or her
23discretion, allow Universal special license plates to be issued
24as vanity or personalized plates in accordance with Section
253-405.1 of this Code. The Secretary of State must make a
26version of the special registration plates authorized under

 

 

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1this Section in a form appropriate for motorcycles and
2autocycles.
3    (c) When authorizing a Universal special license plate, the
4General Assembly shall set forth whether an additional fee is
5to be charged for the plate and, if a fee is to be charged, the
6amount of the fee and how the fee is to be distributed. When
7necessary, the authorizing language shall create a special fund
8in the State treasury into which fees may be deposited for an
9authorized Universal special license plate. Additional fees
10may only be charged if the fee is to be paid over to a State
11agency or to a charitable entity that is in compliance with the
12registration and reporting requirements of the Charitable
13Trust Act and the Solicitation for Charity Act. Any charitable
14entity receiving fees for the sale of Universal special license
15plates shall annually provide the Secretary of State a letter
16of compliance issued by the Attorney General verifying that the
17entity is in compliance with the Charitable Trust Act and the
18Solicitation for Charity Act.
19    (d) Upon original issuance and for each registration
20renewal period, in addition to the appropriate registration
21fee, if applicable, the Secretary shall collect any additional
22fees, if required, for issuance of Universal special license
23plates. The fees shall be collected on behalf of the
24organization designated by the applicant when applying for the
25plate. All fees collected shall be transferred to the State
26agency on whose behalf the fees were collected, or paid into

 

 

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1the special fund designated in the law authorizing the
2organization to issue decals for Universal special license
3plates. All money in the designated fund shall be distributed
4by the Secretary subject to appropriation by the General
5Assembly.
6    (e) The following organizations may issue decals for
7Universal special license plates with the original and renewal
8fees and fee distribution as follows:
9        (1) The Illinois Department of Natural Resources.
10            (A) Original issuance: $25; with $10 to the
11        Roadside Monarch Habitat Fund and $15 to the Secretary
12        of State Special Plate Fund.
13            (B) Renewal: $25; with $23 to the Roadside Monarch
14        Habitat Fund and $2 to the Secretary of State Special
15        Plate Fund.
16        (2) (1) Illinois Veterans' Homes.
17            (A) Original issuance: $26, which shall be
18        deposited into the Illinois Veterans' Homes Fund.
19            (B) Renewal: $26, which shall be deposited into the
20        Illinois Veterans' Homes Fund.
21    (f) The following funds are created as special funds in the
22State treasury:
23        (1) The Roadside Monarch Habitat Fund. All moneys to be
24    paid as grants to the Illinois Department of Natural
25    Resources to fund roadside monarch and other pollinator
26    habitat development, enhancement, and restoration projects

 

 

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1    in this State.
2(Source: P.A. 99-483, eff. 7-1-16; 99-723, eff. 8-5-16; 99-814,
3eff. 1-1-17; revised 9-12-16.)
 
4    (625 ILCS 5/3-704.1)
5    Sec. 3-704.1. Municipal vehicle tax liability; suspension
6of registration.
7    (a) As used in this Section:
8        (1) "Municipality" means a city, village or
9    incorporated town with a population over 1,000,000.
10        (2) "Vehicle tax" means a motor vehicle tax and any
11    related late fees or charges imposed by a municipality
12    under Section 8-11-4 of or the Illinois Municipal Code or
13    under the municipality's home rule powers.
14        (3) "Vehicle owner" means the registered owner or
15    owners of a vehicle who are residents of the municipality.
16    (b) A municipality that imposes a vehicle tax may, by
17ordinance adopted under this Section, establish a system
18whereby the municipality notifies the Secretary of State of
19vehicle tax liability and the Secretary of State suspends the
20registration of vehicles for which the tax has not been paid.
21An ordinance establishing a system must provide for the
22following:
23        (1) A first notice for failure to pay a vehicle tax
24    shall be sent by first class mail to the vehicle owner at
25    the owner's address recorded with the Secretary of State

 

 

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1    whenever the municipality has reasonable cause to believe
2    that the vehicle owner has failed to pay a vehicle tax as
3    required by ordinance. The notice shall include at least
4    the following:
5            (A) The name and address of the vehicle owner.
6            (B) The registration plate number of the vehicle.
7            (C) The period for which the vehicle tax is due.
8            (D) The amount of vehicle tax that is due.
9            (E) A statement that the vehicle owner's
10        registration for the vehicle will be subject to
11        suspension proceedings unless the vehicle owner pays
12        the vehicle tax or successfully contests the owner's
13        alleged liability within 30 days of the date of the
14        notice.
15            (F) An explanation of the vehicle owner's
16        opportunity to be heard under subsection (c).
17        (2) If a vehicle owner fails to pay the vehicle tax or
18    to contest successfully the owner's alleged liability
19    within the period specified in the first notice, a second
20    notice of impending registration suspension shall be sent
21    by first class mail to the vehicle owner at the owner's
22    address recorded with the Secretary of State. The notice
23    shall contain the same information as the first notice, but
24    shall also state that the failure to pay the amount owing,
25    or to contest successfully the alleged liability within 45
26    days of the date of the second notice, will result in the

 

 

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1    municipality's notification of the Secretary of State that
2    the vehicle owner is eligible for initiation of suspension
3    proceedings under this Section.
4    (c) An ordinance adopted under this Section must also give
5the vehicle owner an opportunity to be heard upon the filing of
6a timely petition with the municipality. A vehicle owner may
7contest the alleged tax liability either through an
8adjudication by mail or at an administrative hearing, at the
9option of the vehicle owner. The grounds upon which the
10liability may be contested may be limited to the following:
11        (1) The alleged vehicle owner does not own the vehicle.
12        (2) The vehicle is not subject to the vehicle tax by
13    law.
14        (3) The vehicle tax for the period in question has been
15    paid.
16    At an administrative hearing, the formal or technical rules
17of evidence shall not apply. The hearing shall be recorded. The
18person conducting the hearing shall have the power to
19administer oaths and to secure by subpoena the attendance and
20testimony of witnesses and the production of relevant
21documents.
22    (d) If a vehicle owner who has been sent a first notice of
23failure to pay a vehicle tax and a second notice of impending
24registration suspension fails to pay the vehicle tax or to
25contest successfully the vehicle owner's liability within the
26periods specified in the notices, the appropriate official

 

 

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1shall cause a certified report to be sent to the Secretary of
2State under subsection (e).
3    (e) A report of a municipality notifying the Secretary of
4State of a vehicle owner's failure to pay a vehicle tax or
5related fines or penalties under this Section shall be
6certified by the appropriate official and shall contain the
7following:
8        (1) The name, last known address, and registration
9    plate number of the vehicle of the person who failed to pay
10    the vehicle tax.
11        (2) The name of the municipality making the report.
12        (3) A statement that the municipality sent notices as
13    required by subsection (b); the date on which the notices
14    were sent; the address to which the notices were sent; and
15    the date of the hearing, if any.
16    (f) Following receipt of the certified report under this
17Section, the Secretary of State shall notify the vehicle owner
18that the vehicle's registration will be suspended at the end of
19a reasonable specified period of time unless the Secretary of
20State is presented with a notice from the municipality
21certifying that the person has paid the necessary vehicle tax,
22or that inclusion of that person's name or registration number
23on the certified report was in error. The Secretary's notice
24shall state in substance the information contained in the
25certified report from the municipality to the Secretary, and
26shall be effective as specified by subsection (c) of Section

 

 

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16-211 of this Code. The notice shall also inform the person of
2the person's right to a hearing under subsection (g).
3    (g) An administrative hearing with the Office of the
4Secretary of State to contest an impending suspension or a
5suspension made under this Section may be had upon filing a
6written request with the Secretary of State. The filing fee for
7this hearing shall be $20 to be paid at the time the request is
8made.
9        (1) The scope of any administrative hearing with the
10    Secretary of State to contest an impending suspension under
11    this Section shall be limited to the following issues:
12            (A) Whether the report of the appropriate official
13        of the municipality was certified and contained the
14        information required by this Section.
15            (B) Whether the municipality making the certified
16        report to the Secretary of State established
17        procedures by ordinance for persons to challenge the
18        accuracy of the certified report.
19            (C) Whether the Secretary of State notified the
20        vehicle owner that the vehicle's registration would be
21        suspended at the end of the specified time period
22        unless the Secretary of State was presented with a
23        notice from the municipality certifying that the
24        person has purchased the necessary vehicle tax sticker
25        or that inclusion of that person's name or registration
26        number on the certified report was in error.

 

 

HB3855 Engrossed- 1173 -LRB100 05985 AMC 16014 b

1    A municipality that files a certified report with the
2Secretary of State under this Section shall reimburse the
3Secretary for all reasonable costs incurred by the Secretary as
4a result of the filing of the report, including but not limited
5to the costs of providing the notice required under subsection
6(f) and the costs incurred by the Secretary in any hearing
7conducted with respect to the report under this subsection and
8any appeal from that hearing.
9    (h) After the expiration of the time specified under
10subsection (g), the Secretary of State shall, unless the
11suspension is successfully contested, suspend the registration
12of the vehicle until the Secretary receives notice under
13subsection (i).
14    (i) Any municipality making a certified report to the
15Secretary of State under this subsection shall notify the
16Secretary of State, in a form prescribed by the Secretary,
17whenever a person named in the certified report has
18subsequently paid a vehicle tax or whenever the municipality
19determines that the original report was in error. A certified
20copy of the notification shall also be given upon request and
21at no additional charge to the person named in the report. Upon
22receipt of the notification or presentation of a certified copy
23of the notification by the municipality, the Secretary of State
24shall terminate the suspension.
25    (j) To facilitate enforcement of municipal vehicle tax
26liability, a municipality may provide by ordinance for a

 

 

HB3855 Engrossed- 1174 -LRB100 05985 AMC 16014 b

1program of vehicle immobilization as provided by Section
211-1430.1 of this Code.
3(Source: P.A. 97-937, eff. 8-10-12; revised 9-14-16.)
 
4    (625 ILCS 5/3-809)  (from Ch. 95 1/2, par. 3-809)
5    Sec. 3-809. Farm machinery, exempt vehicles and fertilizer
6spreaders; registration spreaders - registration fee.
7    (a) Vehicles of the second division having a corn sheller,
8a well driller, hay press, clover huller, feed mixer and
9unloader, or other farm machinery permanently mounted thereon
10and used solely for transporting the same, farm wagon type
11trailers having a fertilizer spreader attachment permanently
12mounted thereon, having a gross weight of not to exceed 36,000
13pounds and used only for the transportation of bulk fertilizer,
14and farm wagon type tank trailers of not to exceed 3,000
15gallons capacity, used during the liquid fertilizer season as
16field-storage "nurse tanks" supplying the fertilizer to a field
17applicator and moved on highways only for bringing the
18fertilizer from a local source of supply to farm or field or
19from one farm or field to another, or used during the lime
20season and moved on the highways only for bringing from a local
21source of supply to farm or field or from one farm or field to
22another, shall be registered upon the filing of a proper
23application and the payment of a registration fee of $13 per
242-year registration period. This registration fee of $13 shall
25be paid in full and shall not be reduced even though such

 

 

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1registration is made after the beginning of the registration
2period.
3    (b) Vehicles exempt from registration under the provisions
4of Section 3-402.A of this Act, as amended, except those
5vehicles required to be registered under paragraph (c) of this
6Section, may, at the option of the owner, be identified as
7exempt vehicles by displaying registration plates issued by the
8Secretary of State. The owner thereof may apply for such
9permanent, non-transferable registration plates upon the
10filing of a proper application and the payment of a
11registration fee of $13. The application for and display of
12such registration plates for identification purposes by
13vehicles exempt from registration shall not be deemed as a
14waiver or rescission recision of its exempt status, nor make
15such vehicle subject to registration. Nothing in this Section
16prohibits the towing of another vehicle by the exempt vehicle
17if the towed vehicle:
18        (i) does not exceed the registered weight of 8,000
19    pounds;
20        (ii) is used exclusively for transportation to and from
21    the work site;
22        (iii) is not used for carrying counter weights or other
23    material related to the operation of the exempt vehicle
24    while under tow; and
25        (iv) displays proper and current registration plates.
26    (c) Any single unit self-propelled agricultural fertilizer

 

 

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1implement, designed for both on and off road use, equipped with
2flotation tires and otherwise specially adapted for the
3application of plant food materials or agricultural chemicals,
4desiring to be operated upon the highways ladened with load
5shall be registered upon the filing of a proper application and
6payment of a registration fee of $250. The registration fee
7shall be paid in full and shall not be reduced even though such
8registration is made during the second half of the registration
9year. These vehicles shall, whether loaded or unloaded, be
10limited to a maximum gross weight of 36,000 pounds, restricted
11to a highway speed of not more than 30 miles per hour and a
12legal width of not more than 12 feet. Such vehicles shall be
13limited to the furthering of agricultural or horticultural
14pursuits and in furtherance of these pursuits, such vehicles
15may be operated upon the highway, within a 50 mile radius of
16their point of loading as indicated on the written or printed
17statement required by the "Illinois Fertilizer Act of 1961", as
18amended, for the purpose of moving plant food materials or
19agricultural chemicals to the field, or from field to field,
20for the sole purpose of application.
21    No single unit self-propelled agricultural fertilizer
22implement, designed for both on and off road use, equipped with
23flotation tires and otherwise specially adapted for the
24application of plant food materials or agricultural chemicals,
25having a width of more than 12 feet or a gross weight in excess
26of 36,000 pounds, shall be permitted to operate upon the

 

 

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1highways ladened with load.
2    Whenever any vehicle is operated in violation of subsection
3(c) of this Section 3-809 (c) of this Act, the owner or the
4driver of such vehicle shall be deemed guilty of a petty
5offense and either may be prosecuted for such violation.
6(Source: P.A. 96-665, eff. 1-1-10; revised 9-14-16.)
 
7    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
8    Sec. 6-106. Application for license or instruction permit.
9    (a) Every application for any permit or license authorized
10to be issued under this Code shall be made upon a form
11furnished by the Secretary of State. Every application shall be
12accompanied by the proper fee and payment of such fee shall
13entitle the applicant to not more than 3 attempts to pass the
14examination within a period of one year after the date of
15application.
16    (b) Every application shall state the legal name, social
17security number, zip code, date of birth, sex, and residence
18address of the applicant; briefly describe the applicant; state
19whether the applicant has theretofore been licensed as a
20driver, and, if so, when and by what state or country, and
21whether any such license has ever been cancelled, suspended,
22revoked or refused, and, if so, the date and reason for such
23cancellation, suspension, revocation or refusal; shall include
24an affirmation by the applicant that all information set forth
25is true and correct; and shall bear the applicant's signature.

 

 

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1In addition to the residence address, the Secretary may allow
2the applicant to provide a mailing address. In the case of an
3applicant who is a judicial officer or peace officer, the
4Secretary may allow the applicant to provide an office or work
5address in lieu of a residence or mailing address. The
6application form may also require the statement of such
7additional relevant information as the Secretary of State shall
8deem necessary to determine the applicant's competency and
9eligibility. The Secretary of State may, in his discretion, by
10rule or regulation, provide that an application for a drivers
11license or permit may include a suitable photograph of the
12applicant in the form prescribed by the Secretary, and he may
13further provide that each drivers license shall include a
14photograph of the driver. The Secretary of State may utilize a
15photograph process or system most suitable to deter alteration
16or improper reproduction of a drivers license and to prevent
17substitution of another photo thereon. For the purposes of this
18subsection (b), "peace officer" means any person who by virtue
19of his or her office or public employment is vested by law with
20a duty to maintain public order or to make arrests for a
21violation of any penal statute of this State, whether that duty
22extends to all violations or is limited to specific violations.
23    (b-5) Beginning July 1, 2017, every applicant for a
24driver's license or permit shall provide proof of lawful status
25in the United States as defined in 6 CFR 37.3, as amended.
26Applicants who are unable to provide the Secretary with proof

 

 

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1of lawful status may apply for a driver's license or permit
2under Section 6-105.1 of this Code.
3    (c) The application form shall include a notice to the
4applicant of the registration obligations of sex offenders
5under the Sex Offender Registration Act. The notice shall be
6provided in a form and manner prescribed by the Secretary of
7State. For purposes of this subsection (c), "sex offender" has
8the meaning ascribed to it in Section 2 of the Sex Offender
9Registration Act.
10    (d) Any male United States citizen or immigrant who applies
11for any permit or license authorized to be issued under this
12Code or for a renewal of any permit or license, and who is at
13least 18 years of age but less than 26 years of age, must be
14registered in compliance with the requirements of the federal
15Military Selective Service Act. The Secretary of State must
16forward in an electronic format the necessary personal
17information regarding the applicants identified in this
18subsection (d) to the Selective Service System. The applicant's
19signature on the application serves as an indication that the
20applicant either has already registered with the Selective
21Service System or that he is authorizing the Secretary to
22forward to the Selective Service System the necessary
23information for registration. The Secretary must notify the
24applicant at the time of application that his signature
25constitutes consent to registration with the Selective Service
26System, if he is not already registered.

 

 

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1    (e) Beginning on or before July 1, 2015, for each original
2or renewal driver's license application under this Code, the
3Secretary shall inquire as to whether the applicant is a
4veteran for purposes of issuing a driver's license with a
5veteran designation under subsection (e-5) of Section 6-110 of
6this Code. The acceptable forms of proof shall include, but are
7not limited to, Department of Defense form DD-214. The Illinois
8Department of Veterans' Affairs shall advise the Secretary as
9to what other forms of proof of a person's status as a veteran
10are acceptable.
11    The Illinois Department of Veterans' Affairs shall confirm
12the status of the applicant as an honorably discharged veteran
13before the Secretary may issue the driver's license.
14    For purposes of this subsection (e):
15    "Armed forces" means any of the Armed Forces of the United
16States, including a member of any reserve component or National
17Guard unit.
18    "Veteran" means a person who has served in the armed forces
19and was discharged or separated under honorable conditions.
20(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
2198-756, eff. 7-16-14; 99-511, eff. 1-1-17; 99-544, eff.
227-15-16; revised 9-13-16.)
 
23    (625 ILCS 5/7-311)  (from Ch. 95 1/2, par. 7-311)
24    Sec. 7-311. Payments sufficient to satisfy requirements.
25    (a) Judgments herein referred to arising out of motor

 

 

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1vehicle accidents occurring on or after January 1, 2015 (the
2effective date of Public Act 98-519) shall for the purpose of
3this Chapter be deemed satisfied:
4        1. when When $25,000 has been credited upon any
5    judgment or judgments rendered in excess of that amount for
6    bodily injury to or the death of one person as the result
7    of any one motor vehicle accident; or
8        2. when When, subject to said limit of $25,000 as to
9    any one person, the sum of $50,000 has been credited upon
10    any judgment or judgments rendered in excess of that amount
11    for bodily injury to or the death of more than one person
12    as the result of any one motor vehicle accident; or
13        3. when When $20,000 has been credited upon any
14    judgment or judgments, rendered in excess of that amount
15    for damages to property of others as a result of any one
16    motor vehicle accident.
17    The changes to this subsection made by Public Act 98-519
18apply only to policies issued or renewed on or after January 1,
192015.
20    (b) Credit for such amounts shall be deemed a satisfaction
21of any such judgment or judgments in excess of said amounts
22only for the purposes of this Chapter.
23    (c) Whenever payment has been made in settlement of any
24claim for bodily injury, death, or property damage arising from
25a motor vehicle accident resulting in injury, death, or
26property damage to two or more persons in such accident, any

 

 

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1such payment shall be credited in reduction of the amounts
2provided for in this Section.
3(Source: P.A. 98-519, eff. 1-1-15; 99-78, eff. 7-20-15; revised
49-16-16.)
 
5    (625 ILCS 5/11-905)  (from Ch. 95 1/2, par. 11-905)
6    Sec. 11-905. Merging traffic. Notwithstanding Not
7withstanding the right-of-way right of way provision in Section
8Sec. 11-901 of this Act, at an intersection where traffic lanes
9are provided for merging traffic the driver of each vehicle on
10the converging roadways is required to adjust his vehicular
11speed and lateral position so as to avoid a collision with
12another vehicle.
13(Source: P.A. 81-860; revised 9-16-16.)
 
14    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
15    Sec. 11-907. Operation of vehicles and streetcars on
16approach of authorized emergency vehicles.
17    (a) Upon the immediate approach of an authorized emergency
18vehicle making use of audible and visual signals meeting the
19requirements of this Code or a police vehicle properly and
20lawfully making use of an audible or visual signal: ,
21        (1) the driver of every other vehicle shall yield the
22    right-of-way and shall immediately drive to a position
23    parallel to, and as close as possible to, the right-hand
24    edge or curb of the highway clear of any intersection and

 

 

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1    shall, if necessary to permit the safe passage of the
2    emergency vehicle, stop and remain in such position until
3    the authorized emergency vehicle has passed, unless
4    otherwise directed by a police officer; and
5        (2) the operator of every streetcar shall immediately
6    stop such car clear of any intersection and keep it in such
7    position until the authorized emergency vehicle has
8    passed, unless otherwise directed by a police officer.
9    (b) This Section shall not operate to relieve the driver of
10an authorized emergency vehicle from the duty to drive with due
11regard for the safety of all persons using the highway.
12    (c) Upon approaching a stationary authorized emergency
13vehicle, when the authorized emergency vehicle is giving a
14signal by displaying alternately flashing red, red and white,
15blue, or red and blue lights or amber or yellow warning lights,
16a person who drives an approaching vehicle shall:
17        (1) proceeding with due caution, yield the
18    right-of-way by making a lane change into a lane not
19    adjacent to that of the authorized emergency vehicle, if
20    possible with due regard to safety and traffic conditions,
21    if on a highway having at least 4 lanes with not less than
22    2 lanes proceeding in the same direction as the approaching
23    vehicle; or
24        (2) proceeding with due caution, reduce the speed of
25    the vehicle, maintaining a safe speed for road conditions,
26    if changing lanes would be impossible or unsafe.

 

 

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1    As used in this subsection (c), "authorized emergency
2vehicle" includes any vehicle authorized by law to be equipped
3with oscillating, rotating, or flashing lights under Section
412-215 of this Code, while the owner or operator of the vehicle
5is engaged in his or her official duties.
6    (d) A person who violates subsection (c) of this Section
7commits a business offense punishable by a fine of not less
8than $100 or more than $10,000. It is a factor in aggravation
9if the person committed the offense while in violation of
10Section 11-501 of this Code. Imposition of the penalties
11authorized by this subsection (d) for a violation of subsection
12(c) of this Section that results in the death of another person
13does not preclude imposition of appropriate additional civil or
14criminal penalties.
15    (e) If a violation of subsection (c) of this Section
16results in damage to the property of another person, in
17addition to any other penalty imposed, the person's driving
18privileges shall be suspended for a fixed period of not less
19than 90 days and not more than one year.
20    (f) If a violation of subsection (c) of this Section
21results in injury to another person, in addition to any other
22penalty imposed, the person's driving privileges shall be
23suspended for a fixed period of not less than 180 days and not
24more than 2 years.
25    (g) If a violation of subsection (c) of this Section
26results in the death of another person, in addition to any

 

 

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1other penalty imposed, the person's driving privileges shall be
2suspended for 2 years.
3    (h) The Secretary of State shall, upon receiving a record
4of a judgment entered against a person under subsection (c) of
5this Section:
6        (1) suspend the person's driving privileges for the
7    mandatory period; or
8        (2) extend the period of an existing suspension by the
9    appropriate mandatory period.
10(Source: P.A. 95-884, eff. 1-1-09; revised 9-16-16.)
 
11    (625 ILCS 5/11-908)  (from Ch. 95 1/2, par. 11-908)
12    Sec. 11-908. Vehicle approaching or entering a highway
13construction or maintenance area or zone.
14    (a) The driver of a vehicle shall yield the right-of-way
15right of way to any authorized vehicle or pedestrian actually
16engaged in work upon a highway within any highway construction
17or maintenance area indicated by official traffic-control
18devices.
19    (a-1) Upon entering a construction or maintenance zone when
20workers are present, a person who drives a vehicle shall:
21        (1) proceeding with due caution, make a lane change
22    into a lane not adjacent to that of the workers present, if
23    possible with due regard to safety and traffic conditions,
24    if on a highway having at least 4 lanes with not less than
25    2 lanes proceeding in the same direction as the approaching

 

 

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1    vehicle; or
2        (2) proceeding with due caution, reduce the speed of
3    the vehicle, maintaining a safe speed for road conditions,
4    if changing lanes would be impossible or unsafe.
5    (a-2) A person who violates subsection (a-1) of this
6Section commits a business offense punishable by a fine of not
7less than $100 and not more than $10,000. It is a factor in
8aggravation if the person committed the offense while in
9violation of Section 11-501 of this Code.
10    (a-3) If a violation of subsection (a-1) of this Section
11results in damage to the property of another person, in
12addition to any other penalty imposed, the person's driving
13privileges shall be suspended for a fixed period of not less
14than 90 days and not more than one year.
15    (a-4) If a violation of subsection (a-1) of this Section
16results in injury to another person, in addition to any other
17penalty imposed, the person's driving privileges shall be
18suspended for a fixed period of not less than 180 days and not
19more than 2 years.
20    (a-5) If a violation of subsection (a-1) of this Section
21results in the death of another person, in addition to any
22other penalty imposed, the person's driving privileges shall be
23suspended for 2 years.
24    (a-6) The Secretary of State shall, upon receiving a record
25of a judgment entered against a person under subsection (a-1)
26of this Section:

 

 

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1        (1) suspend the person's driving privileges for the
2    mandatory period; or
3        (2) extend the period of an existing suspension by the
4    appropriate mandatory period.
5    (b) The driver of a vehicle shall yield the right-of-way
6right of way to any authorized vehicle obviously and actually
7engaged in work upon a highway whenever the vehicle engaged in
8construction or maintenance work displays flashing lights as
9provided in Section 12-215 of this Act.
10    (c) The driver of a vehicle shall stop if signaled to do so
11by a flagger or a traffic control signal and remain in such
12position until signaled to proceed. If a driver of a vehicle
13fails to stop when signaled to do so by a flagger, the flagger
14is authorized to report such offense to the State's Attorney or
15authorized prosecutor. The penalties imposed for a violation of
16this subsection (c) shall be in addition to any penalties
17imposed for a violation of subsection (a-1).
18(Source: P.A. 92-872, eff. 6-1-03; 93-705, eff. 7-9-04; revised
199-16-16.)
 
20    (625 ILCS 5/11-1431)
21    Sec. 11-1431. Solicitations at accident or disablement
22scene prohibited.
23    (a) A tower, as defined by Section 1-205.2 of this Code, or
24an employee or agent of a tower may not: (i) stop at the scene
25of a motor vehicle accident or at or near a damaged or disabled

 

 

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1vehicle for the purpose of soliciting the owner or operator of
2the damaged or disabled vehicle to enter into a towing service
3transaction; or (ii) stop at the scene of an accident or at or
4near a damaged or disabled vehicle unless called to the
5location by a law enforcement officer, the Illinois Department
6of Transportation, the Illinois State Toll Highway Authority, a
7local agency having jurisdiction over the highway, the owner or
8operator of the damaged or disabled vehicle, or the owner or
9operator's authorized agent, including his or her insurer or
10motor club of which the owner or operator is a member. This
11Section shall not apply to employees of the Department, the
12Illinois State Toll Highway Authority, or local agencies when
13engaged in their official duties. Nothing in this Section shall
14prevent a tower from stopping at the scene of a motor vehicle
15accident or at or near a damaged or disabled vehicle if the
16owner or operator signals the tower for assistance from the
17location of the motor vehicle accident or damaged or disabled
18vehicle.
19    (b) A person or company who violates this Section is guilty
20of a Class 4 felony. A person convicted of violating this
21Section shall also have his or her driver's license, permit, or
22privileges suspended for 3 months. After the expiration of the
233-month 3 month suspension, the person's driver's license,
24permit, or privileges shall not be reinstated until he or she
25has paid a reinstatement fee of $100. If a person violates this
26Section while his or her driver's license, permit, or

 

 

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1privileges are suspended under this subsection (b), his or her
2driver's license, permit, or privileges shall be suspended for
3an additional 6 months, and shall not be reinstated after the
4expiration of the 6-month 6 month suspension until he or she
5pays a reinstatement fee of $100. A vehicle owner, or his or
6her authorized agent or automobile insurer, may bring a claim
7against a company or person who willfully and materially
8violates this Section. A court may award the prevailing party
9reasonable attorney's fees, costs, and expenses relating to
10that action.
11(Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16;
12revised 10-27-16.)
 
13    (625 ILCS 5/15-107)   (from Ch. 95 1/2, par. 15-107)
14    Sec. 15-107. Length of vehicles.
15    (a) The maximum length of a single vehicle on any highway
16of this State may not exceed 42 feet except the following:
17        (1) Semitrailers.
18        (2) Charter or regulated route buses may be up to 45
19    feet in length, not including energy absorbing bumpers.
20    (a-1) A motor home as defined in Section 1-145.01 may be up
21to 45 feet in length, not including energy absorbing bumpers.
22The length limitations described in this subsection (a-1) shall
23be exclusive of energy-absorbing bumpers and rear view mirrors.
24    (b) On all non-State highways, the maximum length of
25vehicles in combinations is as follows:

 

 

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1        (1) A truck tractor in combination with a semitrailer
2    may not exceed 55 feet overall dimension.
3        (2) A truck tractor-semitrailer-trailer or truck
4    tractor semitrailer-semitrailer may not exceed 60 feet
5    overall dimension.
6        (3) Combinations specially designed to transport motor
7    vehicles or boats may not exceed 60 feet overall dimension.
8    Vehicles operating during daylight hours when transporting
9poles, pipes, machinery, or other objects of a structural
10nature that cannot readily be dismembered are exempt from
11length limitations, provided that no object may exceed 80 feet
12in length and the overall dimension of the vehicle including
13the load may not exceed 100 feet. This exemption does not apply
14to operation on a Saturday, Sunday, or legal holiday. Legal
15holidays referred to in this Section are the days on which the
16following traditional holidays are celebrated: New Year's Day;
17Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
18and Christmas Day.
19    Vehicles and loads operated by a public utility while en
20route to make emergency repairs to public service facilities or
21properties are exempt from length limitations, provided that
22during night operations every vehicle and its load must be
23equipped with a sufficient number of clearance lamps on both
24sides and marker lamps on the extreme ends of any projecting
25load to clearly mark the dimensions of the load.
26    A tow truck in combination with a disabled vehicle or

 

 

HB3855 Engrossed- 1191 -LRB100 05985 AMC 16014 b

1combination of disabled vehicles, as provided in paragraph (6)
2of subsection (c) of this Section, is exempt from length
3limitations.
4    All other combinations not listed in this subsection (b)
5may not exceed 60 feet overall dimension.
6    (c) Except as provided in subsections (c-1) and (c-2),
7combinations of vehicles may not exceed a total of 2 vehicles
8except the following:
9        (1) A truck tractor semitrailer may draw one trailer.
10        (2) A truck tractor semitrailer may draw one converter
11    dolly or one semitrailer.
12        (3) A truck tractor semitrailer may draw one vehicle
13    that is defined in Chapter 1 as special mobile equipment,
14    provided the overall dimension does not exceed 60 feet.
15        (4) A truck in transit may draw 3 trucks in transit
16    coupled together by the triple saddlemount method.
17        (5) Recreational vehicles consisting of 3 vehicles,
18    provided the following:
19            (A) The total overall dimension does not exceed 60
20        feet.
21            (B) The towing vehicle is a properly registered
22        vehicle capable of towing another vehicle using a
23        fifth-wheel type assembly.
24            (C) The second vehicle in the combination of
25        vehicles is a recreational vehicle that is towed by a
26        fifth-wheel assembly. This vehicle must be properly

 

 

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1        registered and must be equipped with brakes,
2        regardless of weight.
3            (D) The third vehicle must be the lightest of the 3
4        vehicles and be a trailer or semitrailer designed or
5        used for transporting a boat, all-terrain vehicle,
6        personal watercraft, or motorcycle.
7            (E) The towed vehicles may be only for the use of
8        the operator of the towing vehicle.
9            (F) All vehicles must be properly equipped with
10        operating brakes and safety equipment required by this
11        Code, except the additional brake requirement in
12        subdivision (C) of this subparagraph (5).
13        (6) A tow truck in combination with a disabled vehicle
14    or combination of disabled vehicles, provided the towing
15    vehicle:
16            (A) Is specifically designed as a tow truck having
17        a gross vehicle weight rating of at least 18,000 pounds
18        and equipped with air brakes, provided that air brakes
19        are required only if the towing vehicle is towing a
20        vehicle, semitrailer, or tractor-trailer combination
21        that is equipped with air brakes. For the purpose of
22        this subsection, gross vehicle weight rating, or GVWR,
23        means the value specified by the manufacturer as the
24        loaded weight of the tow truck.
25            (B) Is equipped with flashing, rotating, or
26        oscillating amber lights, visible for at least 500 feet

 

 

HB3855 Engrossed- 1193 -LRB100 05985 AMC 16014 b

1        in all directions.
2            (C) Is capable of utilizing the lighting and
3        braking systems of the disabled vehicle or combination
4        of vehicles.
5            (D) Does not engage a tow exceeding 50 highway
6        miles from the initial point of wreck or disablement to
7        a place of repair. Any additional movement of the
8        vehicles may occur only upon issuance of authorization
9        for that movement under the provisions of Sections
10        15-301 through 15-319 of this Code.
11        The Department may by rule or regulation prescribe
12    additional requirements regarding length limitations for a
13    tow truck towing another vehicle.
14        For purposes of this Section, a tow-dolly that merely
15    serves as substitute wheels for another legally licensed
16    vehicle is considered part of the licensed vehicle and not
17    a separate vehicle.
18        (7) Commercial vehicles consisting of 3 vehicles,
19    provided the following:
20            (A) The total overall dimension does not exceed 65
21        feet.
22            (B) The towing vehicle is a properly registered
23        vehicle capable of towing another vehicle using a
24        fifth-wheel type assembly or a goose-neck hitch ball.
25            (C) The third vehicle must be the lightest of the 3
26        vehicles and be a trailer or semitrailer.

 

 

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1            (D) All vehicles must be properly equipped with
2        operating brakes and safety equipment required by this
3        Code.
4            (E) The combination of vehicles must be operated by
5        a person who holds a commercial driver's license (CDL).
6            (F) The combination of vehicles must be en route to
7        a location where new or used trailers are sold by an
8        Illinois or out-of-state licensed new or used trailer
9        dealer.
10    (c-1) A combination of 3 vehicles is allowed access to any
11State designated highway if:
12        (1) the length of neither towed vehicle exceeds 28.5
13    feet;
14        (2) the overall wheel base of the combination of
15    vehicles does not exceed 62 feet; and
16        (3) the combination of vehicles is en route to a
17    location where new or used trailers are sold by an Illinois
18    or out-of-state licensed new or used trailer dealer.
19    (c-2) A combination of 3 vehicles is allowed access from
20any State designated highway onto any county, township, or
21municipal highway for a distance of 5 highway miles for the
22purpose of delivery or collection of one or both of the towed
23vehicles if:
24        (1) the length of neither towed vehicle exceeds 28.5
25    feet;
26        (2) the combination of vehicles does not exceed 40,000

 

 

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1    pounds in gross weight and 8 feet 6 inches in width;
2        (3) there is no sign prohibiting that access;
3        (4) the route is not being used as a thoroughfare
4    between State designated highways; and
5        (5) the combination of vehicles is en route to a
6    location where new or used trailers are sold by an Illinois
7    or out-of-state licensed new or used trailer dealer.
8    (d) On Class I highways there are no overall length
9limitations on motor vehicles operating in combinations
10provided:
11        (1) The length of a semitrailer, unladen or with load,
12    in combination with a truck tractor may not exceed 53 feet.
13        (2) The distance between the kingpin and the center of
14    the rear axle of a semitrailer longer than 48 feet, in
15    combination with a truck tractor, may not exceed 45 feet 6
16    inches. The limit contained in this paragraph (2) shall not
17    apply to trailers or semi-trailers used for the transport
18    of livestock as defined by Section 18b-101.
19        (3) The length of a semitrailer or trailer, unladen or
20    with load, operated in a truck tractor-semitrailer-trailer
21    or truck tractor semitrailer-semitrailer combination, may
22    not exceed 28 feet 6 inches.
23        (4) Maxi-cube combinations, as defined in Chapter 1,
24    may not exceed 65 feet overall dimension.
25        (5) Combinations of vehicles specifically designed to
26    transport motor vehicles or boats may not exceed 65 feet

 

 

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1    overall dimension. The length limitation is inclusive of
2    front and rear bumpers but exclusive of the overhang of the
3    transported vehicles, as provided in paragraph (i) of this
4    Section.
5        (6) Stinger-steered Stinger steered semitrailer
6    vehicles specifically designed to transport motor vehicles
7    or boats and automobile transporters, as defined in Chapter
8    1, may not exceed 80 feet overall dimension. The length
9    limitation is inclusive of front and rear bumpers but
10    exclusive of the overhang of the transported vehicles, as
11    provided in paragraph (i) of this Section.
12        (7) A truck in transit transporting 3 trucks coupled
13    together by the triple saddlemount method may not exceed 97
14    feet overall dimension.
15        (8) A towaway trailer transporter combination may not
16    exceed 82 feet overall dimension.
17    Vehicles operating during daylight hours when transporting
18poles, pipes, machinery, or other objects of a structural
19nature that cannot readily be dismembered are exempt from
20length limitations, provided that no object may exceed 80 feet
21in length and the overall dimension of the vehicle including
22the load may not exceed 100 feet. This exemption does not apply
23to operation on a Saturday, Sunday, or legal holiday. Legal
24holidays referred to in this Section are the days on which the
25following traditional holidays are celebrated: New Year's Day;
26Memorial Day; Independence Day; Labor Day; Thanksgiving Day;

 

 

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1and Christmas Day.
2    Vehicles and loads operated by a public utility while en
3route to make emergency repairs to public service facilities or
4properties are exempt from length limitations, provided that
5during night operations every vehicle and its load must be
6equipped with a sufficient number of clearance lamps on both
7sides and marker lamps on the extreme ends of any projecting
8load to clearly mark the dimensions of the load.
9    A tow truck in combination with a disabled vehicle or
10combination of disabled vehicles, as provided in paragraph (6)
11of subsection (c) of this Section, is exempt from length
12limitations.
13    The length limitations described in this paragraph (d)
14shall be exclusive of safety and energy conservation devices,
15such as bumpers, refrigeration units or air compressors and
16other devices, that the Department may interpret as necessary
17for safe and efficient operation; except that no device
18excluded under this paragraph shall have by its design or use
19the capability to carry cargo.
20    Section 5-35 of the Illinois Administrative Procedure Act
21relating to procedures for rulemaking shall not apply to the
22designation of highways under this paragraph (d).
23    (e) On Class II highways there are no overall length
24limitations on motor vehicles operating in combinations,
25provided:
26        (1) The length of a semitrailer, unladen or with load,

 

 

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1    in combination with a truck tractor, may not exceed 53 feet
2    overall dimension.
3        (2) The distance between the kingpin and the center of
4    the rear axle of a semitrailer longer than 48 feet, in
5    combination with a truck tractor, may not exceed 45 feet 6
6    inches. The limit contained in this paragraph (2) shall not
7    apply to trailers or semi-trailers used for the transport
8    of livestock as defined by Section 18b-101.
9        (3) A truck tractor-semitrailer-trailer or truck
10    tractor semitrailer-semitrailer combination may not exceed
11    65 feet in dimension from front axle to rear axle.
12        (4) The length of a semitrailer or trailer, unladen or
13    with load, operated in a truck tractor-semitrailer-trailer
14    or truck tractor semitrailer-semitrailer combination, may
15    not exceed 28 feet 6 inches.
16        (5) Maxi-cube combinations, as defined in Chapter 1,
17    may not exceed 65 feet overall dimension.
18        (6) A combination of vehicles, specifically designed
19    to transport motor vehicles or boats, may not exceed 65
20    feet overall dimension. The length limitation is inclusive
21    of front and rear bumpers but exclusive of the overhang of
22    the transported vehicles, as provided in paragraph (i) of
23    this Section.
24        (7) Stinger-steered Stinger steered semitrailer
25    vehicles specifically designed to transport motor vehicles
26    or boats, may not exceed 80 feet overall dimension. The

 

 

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1    length limitation is inclusive of front and rear bumpers
2    but exclusive of the overhang of the transported vehicles,
3    as provided in paragraph (i) of this Section.
4        (8) A truck in transit transporting 3 trucks coupled
5    together by the triple saddlemount method may not exceed 97
6    feet overall dimension.
7        (9) A towaway trailer transporter combination may not
8    exceed 82 feet overall dimension.
9    Vehicles operating during daylight hours when transporting
10poles, pipes, machinery, or other objects of a structural
11nature that cannot readily be dismembered are exempt from
12length limitations, provided that no object may exceed 80 feet
13in length and the overall dimension of the vehicle including
14the load may not exceed 100 feet. This exemption does not apply
15to operation on a Saturday, Sunday, or legal holiday. Legal
16holidays referred to in this Section are the days on which the
17following traditional holidays are celebrated: New Year's Day;
18Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
19and Christmas Day.
20    Vehicles and loads operated by a public utility while en
21route to make emergency repairs to public service facilities or
22properties are exempt from length limitations, provided that
23during night operations every vehicle and its load must be
24equipped with a sufficient number of clearance lamps on both
25sides and marker lamps on the extreme ends of any projecting
26load to clearly mark the dimensions of the load.

 

 

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1    A tow truck in combination with a disabled vehicle or
2combination of disabled vehicles, as provided in paragraph (6)
3of subsection (c) of this Section, is exempt from length
4limitations.
5    Local authorities, with respect to streets and highways
6under their jurisdiction, may also by ordinance or resolution
7allow length limitations of this subsection (e).
8    The length limitations described in this paragraph (e)
9shall be exclusive of safety and energy conservation devices,
10such as bumpers, refrigeration units or air compressors and
11other devices, that the Department may interpret as necessary
12for safe and efficient operation; except that no device
13excluded under this paragraph shall have by its design or use
14the capability to carry cargo.
15    Section 5-35 of the Illinois Administrative Procedure Act
16relating to procedures for rulemaking shall not apply to the
17designation of highways under this paragraph (e).
18    (e-1) Combinations of vehicles not exceeding 65 feet
19overall length are allowed access as follows:
20        (1) From any State designated highway onto any county,
21    township, or municipal highway for a distance of 5 highway
22    miles for the purpose of loading and unloading, provided:
23            (A) The vehicle does not exceed 80,000 pounds in
24        gross weight and 8 feet 6 inches in width.
25            (B) There is no sign prohibiting that access.
26            (C) The route is not being used as a thoroughfare

 

 

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1        between State designated highways.
2        (2) From any State designated highway onto any county
3    or township highway for a distance of 5 highway miles or
4    onto any municipal highway for a distance of one highway
5    mile for the purpose of food, fuel, repairs, and rest,
6    provided:
7            (A) The vehicle does not exceed 80,000 pounds in
8        gross weight and 8 feet 6 inches in width.
9            (B) There is no sign prohibiting that access.
10            (C) The route is not being used as a thoroughfare
11        between State designated highways.
12    (e-2) Except as provided in subsection (e-3), combinations
13of vehicles over 65 feet in length, with no overall length
14limitation except as provided in subsections (d) and (e) of
15this Section, are allowed access as follows:
16        (1) From a Class I highway onto any street or highway
17    for a distance of one highway mile for the purpose of
18    loading, unloading, food, fuel, repairs, and rest,
19    provided there is no sign prohibiting that access.
20        (2) From a Class I or Class II highway onto any State
21    highway or any locally designated highway for a distance of
22    5 highway miles for the purpose of loading, unloading,
23    food, fuel, repairs, and rest.
24    (e-3) Combinations of vehicles over 65 feet in length
25operated by household goods carriers or towaway trailer
26transporter combinations, with no overall length limitations

 

 

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1except as provided in subsections (d) and (e) of this Section,
2have unlimited access to points of loading, unloading, or
3delivery to or from a manufacturer, distributor, or dealer.
4    (f) On Class III and other non-designated State highways,
5the length limitations for vehicles in combination are as
6follows:
7        (1) Truck tractor-semitrailer combinations, must
8    comply with either a maximum 55 feet overall wheel base or
9    a maximum 65 feet extreme overall dimension.
10        (2) Semitrailers, unladen or with load, may not exceed
11    53 feet overall dimension.
12        (3) No truck tractor-semitrailer-trailer or truck
13    tractor semitrailer-semitrailer combination may exceed 60
14    feet extreme overall dimension.
15        (4) The distance between the kingpin and the center
16    axle of a semitrailer longer than 48 feet, in combination
17    with a truck tractor, may not exceed 42 feet 6 inches. The
18    limit contained in this paragraph (4) shall not apply to
19    trailers or semi-trailers used for the transport of
20    livestock as defined by Section 18b-101.
21    (g) Length limitations in the preceding subsections of this
22Section 15-107 do not apply to the following:
23        (1) Vehicles operated in the daytime, except on
24    Saturdays, Sundays, or legal holidays, when transporting
25    poles, pipe, machinery, or other objects of a structural
26    nature that cannot readily be dismembered, provided the

 

 

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1    overall length of vehicle and load may not exceed 100 feet
2    and no object exceeding 80 feet in length may be
3    transported unless a permit has been obtained as authorized
4    in Section 15-301.
5        (2) Vehicles and loads operated by a public utility
6    while en route to make emergency repairs to public service
7    facilities or properties, but during night operation every
8    vehicle and its load must be equipped with a sufficient
9    number of clearance lamps on both sides and marker lamps
10    upon the extreme ends of any projecting load to clearly
11    mark the dimensions of the load.
12        (3) A tow truck in combination with a disabled vehicle
13    or combination of disabled vehicles, provided the towing
14    vehicle meets the following conditions:
15            (A) It is specifically designed as a tow truck
16        having a gross vehicle weight rating of at least 18,000
17        pounds and equipped with air brakes, provided that air
18        brakes are required only if the towing vehicle is
19        towing a vehicle, semitrailer, or tractor-trailer
20        combination that is equipped with air brakes.
21            (B) It is equipped with flashing, rotating, or
22        oscillating amber lights, visible for at least 500 feet
23        in all directions.
24            (C) It is capable of utilizing the lighting and
25        braking systems of the disabled vehicle or combination
26        of vehicles.

 

 

HB3855 Engrossed- 1204 -LRB100 05985 AMC 16014 b

1            (D) It does not engage in a tow exceeding 50 miles
2        from the initial point of wreck or disablement.
3    The Department may by rule or regulation prescribe
4additional requirements regarding length limitations for a tow
5truck towing another vehicle. The towing vehicle, however, may
6tow any disabled vehicle from the initial point of wreck or
7disablement to a point where repairs are actually to occur.
8This movement shall be valid only on State routes. The tower
9must abide by posted bridge weight limits.
10    For the purpose of this subsection, gross vehicle weight
11rating, or GVWR, shall mean the value specified by the
12manufacturer as the loaded weight of the tow truck. Legal
13holidays referred to in this Section shall be specified as the
14day on which the following traditional holidays are celebrated:
15    New Year's Day;
16    Memorial Day;
17    Independence Day;
18    Labor Day;
19    Thanksgiving Day; and
20    Christmas Day.
21    (h) The load upon any vehicle operated alone, or the load
22upon the front vehicle of a combination of vehicles, shall not
23extend more than 3 feet beyond the front wheels of the vehicle
24or the front bumper of the vehicle if it is equipped with a
25front bumper. The provisions of this subsection (h) shall not
26apply to any vehicle or combination of vehicles specifically

 

 

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1designed for the collection and transportation of waste,
2garbage, or recyclable materials during the vehicle's
3operation in the course of collecting garbage, waste, or
4recyclable materials if the vehicle is traveling at a speed not
5in excess of 15 miles per hour during the vehicle's operation
6and in the course of collecting garbage, waste, or recyclable
7materials. However, in no instance shall the load extend more
8than 7 feet beyond the front wheels of the vehicle or the front
9bumper of the vehicle if it is equipped with a front bumper.
10    (i) The load upon the front vehicle of an automobile
11transporter or a stinger-steered vehicle specifically designed
12to transport motor vehicles shall not extend more than 4 feet
13beyond the foremost part of the transporting vehicle and the
14load upon the rear transporting vehicle shall not extend more
15than 6 feet beyond the rear of the bed or body of the vehicle.
16This paragraph shall only be applicable upon highways
17designated in paragraphs (d) and (e) of this Section.
18    (j) Articulated vehicles comprised of 2 sections, neither
19of which exceeds a length of 42 feet, designed for the carrying
20of more than 10 persons, may be up to 60 feet in length, not
21including energy absorbing bumpers, provided that the vehicles
22are:
23        1. operated by or for any public body or motor carrier
24    authorized by law to provide public transportation
25    services; or
26        2. operated in local public transportation service by

 

 

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1    any other person and the municipality in which the service
2    is to be provided approved the operation of the vehicle.
3    (j-1) (Blank).
4    (k) Any person who is convicted of violating this Section
5is subject to the penalty as provided in paragraph (b) of
6Section 15-113.
7    (l) (Blank).
8(Source: P.A. 99-717, eff. 8-5-16; revised 10-28-16.)
 
9    (625 ILCS 5/18c-7402)  (from Ch. 95 1/2, par. 18c-7402)
10    Sec. 18c-7402. Safety Requirements for Railroad
11Operations.
12    (1) Obstruction of crossings.
13        (a) Obstruction of Emergency Vehicles. Every railroad
14    shall be operated in such a manner as to minimize
15    obstruction of emergency vehicles at crossings. Where such
16    obstruction occurs and the train crew is aware of the
17    obstruction, the train crew shall immediately take any
18    action, consistent with safe operating procedure,
19    necessary to remove the obstruction. In the Chicago and St.
20    Louis switching districts, every railroad dispatcher or
21    other person responsible for the movement of railroad
22    equipment in a specific area who receives notification that
23    railroad equipment is obstructing the movement of an
24    emergency vehicle at any crossing within such area shall
25    immediately notify the train crew through use of existing

 

 

HB3855 Engrossed- 1207 -LRB100 05985 AMC 16014 b

1    communication facilities. Upon notification, the train
2    crew shall take immediate action in accordance with this
3    paragraph.
4        (b) Obstruction of Highway at Grade Crossing
5    Prohibited. It is unlawful for a rail carrier to permit any
6    train, railroad car or engine to obstruct public travel at
7    a railroad-highway grade crossing for a period in excess of
8    10 minutes, except where such train or railroad car is
9    continuously moving or cannot be moved by reason of
10    circumstances over which the rail carrier has no reasonable
11    control.
12    In a county with a population of greater than 1,000,000, as
13determined by the most recent federal census, during the hours
14of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m.
15it is unlawful for a rail carrier to permit any single train or
16railroad car to obstruct public travel at a railroad-highway
17grade crossing in excess of a total of 10 minutes during a 30
18minute period, except where the train or railroad car cannot be
19moved by reason or circumstances over which the rail carrier
20has no reasonable control. Under no circumstances will a moving
21train be stopped for the purposes of issuing a citation related
22to this Section.
23    However, no employee acting under the rules or orders of
24the rail carrier or its supervisory personnel may be prosecuted
25for a violation of this subsection (b).
26        (c) Punishment for Obstruction of Grade Crossing. Any

 

 

HB3855 Engrossed- 1208 -LRB100 05985 AMC 16014 b

1    rail carrier violating paragraph (b) of this subsection
2    shall be guilty of a petty offense and fined not less than
3    $200 nor more than $500 if the duration of the obstruction
4    is in excess of 10 minutes but no longer than 15 minutes.
5    If the duration of the obstruction exceeds 15 minutes the
6    violation shall be a business offense and the following
7    fines shall be imposed: if the duration of the obstruction
8    is in excess of 15 minutes but no longer than 20 minutes,
9    the fine shall be $500; if the duration of the obstruction
10    is in excess of 20 minutes but no longer than 25 minutes,
11    the fine shall be $700; if the duration of the obstruction
12    is in excess of 25 minutes, but no longer than 30 minutes,
13    the fine shall be $900; if the duration of the obstruction
14    is in excess of 30 minutes but no longer than 35 minutes,
15    the fine shall be $1,000; if the duration of the
16    obstruction is in excess of 35 minutes, the fine shall be
17    $1,000 plus an additional $500 for each 5 minutes of
18    obstruction in excess of 25 minutes of obstruction.
19    (2) Other Operational Requirements.
20        (a) Bell and Whistle-Crossings. Every rail carrier
21    shall cause a bell, and a whistle or horn to be placed and
22    kept on each locomotive, and shall cause the same to be
23    rung or sounded by the engineer or fireman, at the distance
24    of at a least 1,320 feet, from the place where the railroad
25    crosses or intersects any public highway, and shall be kept
26    ringing or sounding until the highway is reached; provided

 

 

HB3855 Engrossed- 1209 -LRB100 05985 AMC 16014 b

1    that at crossings where the Commission shall by order
2    direct, only after a hearing has been held to determine the
3    public is reasonably and sufficiently protected, the rail
4    carrier may be excused from giving warning provided by this
5    paragraph.
6        (a-5) The requirements of paragraph (a) of this
7    subsection (2) regarding ringing a bell and sounding a
8    whistle or horn do not apply at a railroad crossing that
9    has a permanently installed automated audible warning
10    device authorized by the Commission under Section
11    18c-7402.1 that sounds automatically when an approaching
12    train is at least 1,320 feet from the crossing and that
13    keeps sounding until the lead locomotive has crossed the
14    highway. The engineer or fireman may ring the bell or sound
15    the whistle or horn at a railroad crossing that has a
16    permanently installed audible warning device.
17        (b) Speed Limits. Each rail carrier shall operate its
18    trains in compliance with speed limits set by the
19    Commission. The Commission may set train speed limits only
20    where such limits are necessitated by extraordinary
21    circumstances affecting effecting the public safety, and
22    shall maintain such train speed limits in effect only for
23    such time as the extraordinary circumstances prevail.
24        The Commission and the Department of Transportation
25    shall conduct a study of the relation between train speeds
26    and railroad-highway grade crossing safety. The Commission

 

 

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1    shall report the findings of the study to the General
2    Assembly no later than January 5, 1997.
3        (c) Special Speed Limit; Pilot Project. The Commission
4    and the Board of the Commuter Rail Division of the Regional
5    Transportation Authority shall conduct a pilot project in
6    the Village of Fox River Grove, the site of the fatal
7    school bus accident at a railroad crossing on October 25,
8    1995, in order to improve railroad crossing safety. For
9    this project, the Commission is directed to set the maximum
10    train speed limit for Regional Transportation Authority
11    trains at 50 miles per hour at intersections on that
12    portion of the intrastate rail line located in the Village
13    of Fox River Grove. If the Regional Transportation
14    Authority deliberately fails to comply with this maximum
15    speed limit, then any entity, governmental or otherwise,
16    that provides capital or operational funds to the Regional
17    Transportation Authority shall appropriately reduce or
18    eliminate that funding. The Commission shall report to the
19    Governor and the General Assembly on the results of this
20    pilot project in January 1999, January 2000, and January
21    2001. The Commission shall also submit a final report on
22    the pilot project to the Governor and the General Assembly
23    in January 2001. The provisions of this subsection (c),
24    other than this sentence, are inoperative after February 1,
25    2001.
26    (3) Report and Investigation of Rail Accidents.

 

 

HB3855 Engrossed- 1211 -LRB100 05985 AMC 16014 b

1        (a) Reports. Every rail carrier shall report to the
2    Commission, by the speediest means possible, whether
3    telephone, telegraph, or otherwise, every accident
4    involving its equipment, track, or other property which
5    resulted in loss of life to any person. In addition, such
6    carriers shall file a written report with the Commission.
7    Reports submitted under this paragraph shall be strictly
8    confidential, shall be specifically prohibited from
9    disclosure, and shall not be admissible in any
10    administrative or judicial proceeding relating to the
11    accidents reported.
12        (b) Investigations. The Commission may investigate all
13    railroad accidents reported to it or of which it acquires
14    knowledge independent of reports made by rail carriers, and
15    shall have the power, consistent with standards and
16    procedures established under the Federal Railroad Safety
17    Act, as amended, to enter such temporary orders as will
18    minimize the risk of future accidents pending notice,
19    hearing, and final action by the Commission.
20(Source: P.A. 91-675, eff. 6-1-00; 92-284, eff. 8-9-01; revised
219-16-16.)
 
22    Section 655. The Snowmobile Registration and Safety Act is
23amended by changing Sections 1-2, 2-1, 5-7, and 5-7.4 as
24follows:
 

 

 

HB3855 Engrossed- 1212 -LRB100 05985 AMC 16014 b

1    (625 ILCS 40/1-2)  (from Ch. 95 1/2, par. 601-2)
2    Sec. 1-2. Definitions. As used in this Act, the terms
3specified in the Sections following this Section and preceding
4Section 1-3 Sections 1-2.01 through 1-2.20 have the meanings
5ascribed to them in those Sections unless the context clearly
6requires a different meaning.
7(Source: P.A. 78-856; revised 9-16-16.)
 
8    (625 ILCS 40/2-1)  (from Ch. 95 1/2, par. 602-1)
9    Sec. 2-1. Enforcement.) It is the duty of all Conservation
10Police Officers and all sheriffs, deputy sheriffs, and other
11police officers to arrest any person detected in violation of
12any of the provisions of this Act. It is further the duty of
13all such officers to make prompt investigation of any violation
14of the provisions of this Act reported by any other person, and
15to cause a complaint to be filed before the circuit court if
16there seems just ground for such complaint and evidence
17procurable to support the same.
18(Source: P.A. 79-885; revised 9-16-16.)
 
19    (625 ILCS 40/5-7)
20    Sec. 5-7. Operating a snowmobile while under the influence
21of alcohol or other drug or drugs, intoxicating compound or
22compounds, or a combination of them; criminal penalties;
23suspension of operating privileges.
24    (a) A person may not operate or be in actual physical

 

 

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1control of a snowmobile within this State while:
2        1. The alcohol concentration in that person's blood,
3    other bodily substance, or breath is a concentration at
4    which driving a motor vehicle is prohibited under
5    subdivision (1) of subsection (a) of Section 11-501 of the
6    Illinois Vehicle Code;
7        2. The person is under the influence of alcohol;
8        3. The person is under the influence of any other drug
9    or combination of drugs to a degree that renders that
10    person incapable of safely operating a snowmobile;
11        3.1. The person is under the influence of any
12    intoxicating compound or combination of intoxicating
13    compounds to a degree that renders the person incapable of
14    safely operating a snowmobile;
15        4. The person is under the combined influence of
16    alcohol and any other drug or drugs or intoxicating
17    compound or compounds to a degree that renders that person
18    incapable of safely operating a snowmobile;
19        4.3. (4.3) The person who is not a CDL holder has a
20    tetrahydrocannabinol concentration in the person's whole
21    blood or other bodily substance at which driving a motor
22    vehicle is prohibited under subdivision (7) of subsection
23    (a) of Section 11-501 of the Illinois Vehicle Code;
24        4.5. (4.5) The person who is a CDL holder has any
25    amount of a drug, substance, or compound in the person's
26    breath, blood, other bodily substance, or urine resulting

 

 

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1    from the unlawful use or consumption of cannabis listed in
2    the Cannabis Control Act; or
3        5. There is any amount of a drug, substance, or
4    compound in that person's breath, blood, other bodily
5    substance, or urine resulting from the unlawful use or
6    consumption of a controlled substance listed in the
7    Illinois Controlled Substances Act, methamphetamine as
8    listed in the Methamphetamine Control and Community
9    Protection Act, or intoxicating compound listed in the use
10    of Intoxicating Compounds Act.
11    (b) The fact that a person charged with violating this
12Section is or has been legally entitled to use alcohol, other
13drug or drugs, any intoxicating compound or compounds, or any
14combination of them does not constitute a defense against a
15charge of violating this Section.
16    (c) Every person convicted of violating this Section or a
17similar provision of a local ordinance is guilty of a Class A
18misdemeanor, except as otherwise provided in this Section.
19    (c-1) As used in this Section, "first time offender" means
20any person who has not had a previous conviction or been
21assigned supervision for violating this Section or a similar
22provision of a local ordinance, or any person who has not had a
23suspension imposed under subsection (e) of Section 5-7.1.
24    (c-2) For purposes of this Section, the following are
25equivalent to a conviction:
26        (1) a forfeiture of bail or collateral deposited to

 

 

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1    secure a defendant's appearance in court when forfeiture
2    has not been vacated; or
3        (2) the failure of a defendant to appear for trial.
4    (d) Every person convicted of violating this Section is
5guilty of a Class 4 felony if:
6        1. The person has a previous conviction under this
7    Section;
8        2. The offense results in personal injury where a
9    person other than the operator suffers great bodily harm or
10    permanent disability or disfigurement, when the violation
11    was a proximate cause of the injuries. A person guilty of a
12    Class 4 felony under this paragraph 2, if sentenced to a
13    term of imprisonment, shall be sentenced to not less than
14    one year nor more than 12 years; or
15        3. The offense occurred during a period in which the
16    person's privileges to operate a snowmobile are revoked or
17    suspended, and the revocation or suspension was for a
18    violation of this Section or was imposed under Section
19    5-7.1.
20    (e) Every person convicted of violating this Section is
21guilty of a Class 2 felony if the offense results in the death
22of a person. A person guilty of a Class 2 felony under this
23subsection (e), if sentenced to a term of imprisonment, shall
24be sentenced to a term of not less than 3 years and not more
25than 14 years.
26    (e-1) Every person convicted of violating this Section or a

 

 

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1similar provision of a local ordinance who had a child under
2the age of 16 on board the snowmobile at the time of offense
3shall be subject to a mandatory minimum fine of $500 and shall
4be subject to a mandatory minimum of 5 days of community
5service in a program benefiting children. The assignment under
6this subsection shall not be subject to suspension nor shall
7the person be eligible for probation in order to reduce the
8assignment.
9    (e-2) Every person found guilty of violating this Section,
10whose operation of a snowmobile while in violation of this
11Section proximately caused any incident resulting in an
12appropriate emergency response, shall be liable for the expense
13of an emergency response as provided in subsection (i) of
14Section 11-501.01 of the Illinois Vehicle Code.
15    (e-3) In addition to any other penalties and liabilities, a
16person who is found guilty of violating this Section, including
17any person placed on court supervision, shall be fined $100,
18payable to the circuit clerk, who shall distribute the money to
19the law enforcement agency that made the arrest. In the event
20that more than one agency is responsible for the arrest, the
21$100 shall be shared equally. Any moneys received by a law
22enforcement agency under this subsection (e-3) shall be used to
23purchase law enforcement equipment or to provide law
24enforcement training that will assist in the prevention of
25alcohol related criminal violence throughout the State. Law
26enforcement equipment shall include, but is not limited to,

 

 

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1in-car video cameras, radar and laser speed detection devices,
2and alcohol breath testers.
3    (f) In addition to any criminal penalties imposed, the
4Department of Natural Resources shall suspend the snowmobile
5operation privileges of a person convicted or found guilty of a
6misdemeanor under this Section for a period of one year, except
7that first-time offenders are exempt from this mandatory one
8year suspension.
9    (g) In addition to any criminal penalties imposed, the
10Department of Natural Resources shall suspend for a period of 5
11years the snowmobile operation privileges of any person
12convicted or found guilty of a felony under this Section.
13(Source: P.A. 99-697, eff. 7-29-16; revised 10-28-16.)
 
14    (625 ILCS 40/5-7.4)
15    Sec. 5-7.4. Admissibility of chemical tests of blood, other
16bodily substance, or urine conducted in the regular course of
17providing emergency medical treatment.
18    (a) Notwithstanding any other provision of law, the results
19of blood, other bodily substance, or urine tests performed for
20the purpose of determining the content of alcohol, other drug
21or drugs, intoxicating compound or compounds, or any
22combination of them in an individual's blood, other bodily
23substance, or urine conducted upon persons receiving medical
24treatment in a hospital emergency room, are admissible in
25evidence as a business record exception to the hearsay rule

 

 

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1only in prosecutions for a violation of Section 5-7 of this Act
2or a similar provision of a local ordinance or in prosecutions
3for reckless homicide brought under the Criminal Code of 1961
4or the Criminal Code of 2012.
5    The results of the tests are admissible only when each of
6the following criteria are met:
7        1. the chemical tests performed upon an individual's
8    blood, other bodily substance, or urine were ordered in the
9    regular course of providing emergency treatment and not at
10    the request of law enforcement authorities; and
11        2. the chemical tests performed upon an individual's
12    blood, other bodily substance, or urine were performed by
13    the laboratory routinely used by the hospital.
14        3. (Blank).
15    Results of chemical tests performed upon an individual's
16blood, other bodily substance, or urine are admissible into
17evidence regardless of the time that the records were prepared.
18    (b) The confidentiality provisions of law pertaining to
19medical records and medical treatment are not applicable with
20regard to chemical tests performed upon a person's blood, other
21bodily substance, or urine under the provisions of this Section
22in prosecutions as specified in subsection (a) of this Section.
23No person shall be liable for civil damages as a result of the
24evidentiary use of the results of chemical testing of the
25individual's blood, other bodily substance, or urine under this
26Section or as a result of that person's testimony made

 

 

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1available under this Section.
2(Source: P.A. 99-697, eff. 7-29-16; revised 10-31-16.)
 
3    Section 660. The Juvenile Court Act of 1987 is amended by
4changing Sections 4-9, 5-710, 5-745, 5-7A-115, and 5-915 as
5follows:
 
6    (705 ILCS 405/4-9)  (from Ch. 37, par. 804-9)
7    Sec. 4-9. Shelter care hearing. At the appearance of the
8minor before the court at the shelter care hearing, all
9witnesses present shall be examined before the court in
10relation to any matter connected with the allegations made in
11the petition.
12    (1) If the court finds that there is not probable cause to
13believe that the minor is addicted, it shall release the minor
14and dismiss the petition.
15    (2) If the court finds that there is probable cause to
16believe that the minor is addicted, the minor, his or her
17parent, guardian, custodian and other persons able to give
18relevant testimony shall be examined before the court. After
19such testimony, the court may enter an order that the minor
20shall be released upon the request of a parent, guardian or
21custodian if the parent, guardian or custodian appears to take
22custody and agrees to abide by a court order which requires the
23minor and his or her parent, guardian, or legal custodian to
24complete an evaluation by an entity licensed by the Department

 

 

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1of Human Services, as the successor to the Department of
2Alcoholism and Substance Abuse, and complete any treatment
3recommendations indicated by the assessment. Custodian shall
4include any agency of the State which has been given custody or
5wardship of the child.
6    The Court shall require documentation by representatives
7of the Department of Children and Family Services or the
8probation department as to the reasonable efforts that were
9made to prevent or eliminate the necessity of removal of the
10minor from his or her home, and shall consider the testimony of
11any person as to those reasonable efforts. If the court finds
12that it is a matter of immediate and urgent necessity for the
13protection of the minor or of the person or property of another
14that the minor be or placed in a shelter care facility or that
15he or she is likely to flee the jurisdiction of the court, and
16further, finds that reasonable efforts have been made or good
17cause has been shown why reasonable efforts cannot prevent or
18eliminate the necessity of removal of the minor from his or her
19home, the court may prescribe shelter care and order that the
20minor be kept in a suitable place designated by the court or in
21a shelter care facility designated by the Department of
22Children and Family Services or a licensed child welfare
23agency, or in a facility or program licensed by the Department
24of Human Services for shelter and treatment services; otherwise
25it shall release the minor from custody. If the court
26prescribes shelter care, then in placing the minor, the

 

 

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1Department or other agency shall, to the extent compatible with
2the court's order, comply with Section 7 of the Children and
3Family Services Act. If the minor is ordered placed in a
4shelter care facility of the Department of Children and Family
5Services or a licensed child welfare agency, or in a facility
6or program licensed by the Department of Human Services for
7shelter and treatment services, the court shall, upon request
8of the appropriate Department or other agency, appoint the
9Department of Children and Family Services Guardianship
10Administrator or other appropriate agency executive temporary
11custodian of the minor and the court may enter such other
12orders related to the temporary custody as it deems fit and
13proper, including the provision of services to the minor or his
14family to ameliorate the causes contributing to the finding of
15probable cause or to the finding of the existence of immediate
16and urgent necessity. Acceptance of services shall not be
17considered an admission of any allegation in a petition made
18pursuant to this Act, nor may a referral of services be
19considered as evidence in any proceeding pursuant to this Act,
20except where the issue is whether the Department has made
21reasonable efforts to reunite the family. In making its
22findings that reasonable efforts have been made or that good
23cause has been shown why reasonable efforts cannot prevent or
24eliminate the necessity of removal of the minor from his or her
25home, the court shall state in writing its findings concerning
26the nature of the services that were offered or the efforts

 

 

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1that were made to prevent removal of the child and the apparent
2reasons that such services or efforts could not prevent the
3need for removal. The parents, guardian, custodian, temporary
4custodian and minor shall each be furnished a copy of such
5written findings. The temporary custodian shall maintain a copy
6of the court order and written findings in the case record for
7the child. The order together with the court's findings of fact
8in support thereof shall be entered of record in the court.
9    Once the court finds that it is a matter of immediate and
10urgent necessity for the protection of the minor that the minor
11be placed in a shelter care facility, the minor shall not be
12returned to the parent, custodian or guardian until the court
13finds that such placement is no longer necessary for the
14protection of the minor.
15    (3) If neither the parent, guardian, legal custodian,
16responsible relative nor counsel of the minor has had actual
17notice of or is present at the shelter care hearing, he or she
18may file his or her affidavit setting forth these facts, and
19the clerk shall set the matter for rehearing not later than 24
20hours, excluding Sundays and legal holidays, after the filing
21of the affidavit. At the rehearing, the court shall proceed in
22the same manner as upon the original hearing.
23    (4) If the minor is not brought before a judicial officer
24within the time period as specified in Section 4-8, the minor
25must immediately be released from custody.
26    (5) Only when there is reasonable cause to believe that the

 

 

HB3855 Engrossed- 1223 -LRB100 05985 AMC 16014 b

1minor taken into custody is a person described in subsection
2(3) of Section 5-105 may the minor be kept or detained in a
3detention home or county or municipal jail. This Section shall
4in no way be construed to limit subsection (6).
5    (6) No minor under 16 years of age may be confined in a
6jail or place ordinarily used for the confinement of prisoners
7in a police station. Minors under 18 years of age must be kept
8separate from confined adults and may not at any time be kept
9in the same cell, room or yard with adults confined pursuant to
10the criminal law.
11    (7) If neither the parent, guardian or custodian appears
12within 24 hours to take custody of a minor released upon
13request pursuant to subsection (2) of this Section, then the
14clerk of the court shall set the matter for rehearing not later
15than 7 days after the original order and shall issue a summons
16directed to the parent, guardian or custodian to appear. At the
17same time the probation department shall prepare a report on
18the minor. If a parent, guardian or custodian does not appear
19at such rehearing, the judge may enter an order prescribing
20that the minor be kept in a suitable place designated by the
21Department of Children and Family Services or a licensed child
22welfare agency.
23    (8) Any interested party, including the State, the
24temporary custodian, an agency providing services to the minor
25or family under a service plan pursuant to Section 8.2 of the
26Abused and Neglected Child Reporting Act, foster parent, or any

 

 

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1of their representatives, may file a motion to modify or vacate
2a temporary custody order on any of the following grounds:
3        (a) It is no longer a matter of immediate and urgent
4    necessity that the minor remain in shelter care; or
5        (b) There is a material change in the circumstances of
6    the natural family from which the minor was removed; or
7        (c) A person, including a parent, relative or legal
8    guardian, is capable of assuming temporary custody of the
9    minor; or
10        (d) Services provided by the Department of Children and
11    Family Services or a child welfare agency or other service
12    provider have been successful in eliminating the need for
13    temporary custody.
14    The clerk shall set the matter for hearing not later than
1514 days after such motion is filed. In the event that the court
16modifies or vacates a temporary custody order but does not
17vacate its finding of probable cause, the court may order that
18appropriate services be continued or initiated in behalf of the
19minor and his or her family.
20    (9) The changes made to this Section by Public Act 98-61
21apply to a minor who has been arrested or taken into custody on
22or after January 1, 2014 (the effective date of Public Act
2398-61).
24(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised
2510-6-16.)
 

 

 

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1    (705 ILCS 405/5-710)
2    Sec. 5-710. Kinds of sentencing orders.
3    (1) The following kinds of sentencing orders may be made in
4respect of wards of the court:
5        (a) Except as provided in Sections 5-805, 5-810, 5-815,
6    a minor who is found guilty under Section 5-620 may be:
7            (i) put on probation or conditional discharge and
8        released to his or her parents, guardian or legal
9        custodian, provided, however, that any such minor who
10        is not committed to the Department of Juvenile Justice
11        under this subsection and who is found to be a
12        delinquent for an offense which is first degree murder,
13        a Class X felony, or a forcible felony shall be placed
14        on probation;
15            (ii) placed in accordance with Section 5-740, with
16        or without also being put on probation or conditional
17        discharge;
18            (iii) required to undergo a substance abuse
19        assessment conducted by a licensed provider and
20        participate in the indicated clinical level of care;
21            (iv) on and after the effective date of this
22        amendatory Act of the 98th General Assembly and before
23        January 1, 2017, placed in the guardianship of the
24        Department of Children and Family Services, but only if
25        the delinquent minor is under 16 years of age or,
26        pursuant to Article II of this Act, a minor for whom an

 

 

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1        independent basis of abuse, neglect, or dependency
2        exists. On and after January 1, 2017, placed in the
3        guardianship of the Department of Children and Family
4        Services, but only if the delinquent minor is under 15
5        years of age or, pursuant to Article II of this Act, a
6        minor for whom an independent basis of abuse, neglect,
7        or dependency exists. An independent basis exists when
8        the allegations or adjudication of abuse, neglect, or
9        dependency do not arise from the same facts, incident,
10        or circumstances which give rise to a charge or
11        adjudication of delinquency;
12            (v) placed in detention for a period not to exceed
13        30 days, either as the exclusive order of disposition
14        or, where appropriate, in conjunction with any other
15        order of disposition issued under this paragraph,
16        provided that any such detention shall be in a juvenile
17        detention home and the minor so detained shall be 10
18        years of age or older. However, the 30-day limitation
19        may be extended by further order of the court for a
20        minor under age 15 committed to the Department of
21        Children and Family Services if the court finds that
22        the minor is a danger to himself or others. The minor
23        shall be given credit on the sentencing order of
24        detention for time spent in detention under Sections
25        5-501, 5-601, 5-710, or 5-720 of this Article as a
26        result of the offense for which the sentencing order

 

 

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1        was imposed. The court may grant credit on a sentencing
2        order of detention entered under a violation of
3        probation or violation of conditional discharge under
4        Section 5-720 of this Article for time spent in
5        detention before the filing of the petition alleging
6        the violation. A minor shall not be deprived of credit
7        for time spent in detention before the filing of a
8        violation of probation or conditional discharge
9        alleging the same or related act or acts. The
10        limitation that the minor shall only be placed in a
11        juvenile detention home does not apply as follows:
12            Persons 18 years of age and older who have a
13        petition of delinquency filed against them may be
14        confined in an adult detention facility. In making a
15        determination whether to confine a person 18 years of
16        age or older who has a petition of delinquency filed
17        against the person, these factors, among other
18        matters, shall be considered:
19                (A) the age of the person;
20                (B) any previous delinquent or criminal
21            history of the person;
22                (C) any previous abuse or neglect history of
23            the person;
24                (D) any mental health history of the person;
25            and
26                (E) any educational history of the person;

 

 

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1            (vi) ordered partially or completely emancipated
2        in accordance with the provisions of the Emancipation
3        of Minors Act;
4            (vii) subject to having his or her driver's license
5        or driving privileges suspended for such time as
6        determined by the court but only until he or she
7        attains 18 years of age;
8            (viii) put on probation or conditional discharge
9        and placed in detention under Section 3-6039 of the
10        Counties Code for a period not to exceed the period of
11        incarceration permitted by law for adults found guilty
12        of the same offense or offenses for which the minor was
13        adjudicated delinquent, and in any event no longer than
14        upon attainment of age 21; this subdivision (viii)
15        notwithstanding any contrary provision of the law;
16            (ix) ordered to undergo a medical or other
17        procedure to have a tattoo symbolizing allegiance to a
18        street gang removed from his or her body; or
19            (x) placed in electronic home detention under Part
20        7A of this Article.
21        (b) A minor found to be guilty may be committed to the
22    Department of Juvenile Justice under Section 5-750 if the
23    minor is at least 13 years and under 20 years of age,
24    provided that the commitment to the Department of Juvenile
25    Justice shall be made only if the minor was found guilty of
26    a felony offense or first degree murder. The court shall

 

 

HB3855 Engrossed- 1229 -LRB100 05985 AMC 16014 b

1    include in the sentencing order any pre-custody credits the
2    minor is entitled to under Section 5-4.5-100 of the Unified
3    Code of Corrections. The time during which a minor is in
4    custody before being released upon the request of a parent,
5    guardian or legal custodian shall also be considered as
6    time spent in custody.
7        (c) When a minor is found to be guilty for an offense
8    which is a violation of the Illinois Controlled Substances
9    Act, the Cannabis Control Act, or the Methamphetamine
10    Control and Community Protection Act and made a ward of the
11    court, the court may enter a disposition order requiring
12    the minor to undergo assessment, counseling or treatment in
13    a substance abuse program approved by the Department of
14    Human Services.
15    (2) Any sentencing order other than commitment to the
16Department of Juvenile Justice may provide for protective
17supervision under Section 5-725 and may include an order of
18protection under Section 5-730.
19    (3) Unless the sentencing order expressly so provides, it
20does not operate to close proceedings on the pending petition,
21but is subject to modification until final closing and
22discharge of the proceedings under Section 5-750.
23    (4) In addition to any other sentence, the court may order
24any minor found to be delinquent to make restitution, in
25monetary or non-monetary form, under the terms and conditions
26of Section 5-5-6 of the Unified Code of Corrections, except

 

 

HB3855 Engrossed- 1230 -LRB100 05985 AMC 16014 b

1that the "presentencing hearing" referred to in that Section
2shall be the sentencing hearing for purposes of this Section.
3The parent, guardian or legal custodian of the minor may be
4ordered by the court to pay some or all of the restitution on
5the minor's behalf, pursuant to the Parental Responsibility
6Law. The State's Attorney is authorized to act on behalf of any
7victim in seeking restitution in proceedings under this
8Section, up to the maximum amount allowed in Section 5 of the
9Parental Responsibility Law.
10    (5) Any sentencing order where the minor is committed or
11placed in accordance with Section 5-740 shall provide for the
12parents or guardian of the estate of the minor to pay to the
13legal custodian or guardian of the person of the minor such
14sums as are determined by the custodian or guardian of the
15person of the minor as necessary for the minor's needs. The
16payments may not exceed the maximum amounts provided for by
17Section 9.1 of the Children and Family Services Act.
18    (6) Whenever the sentencing order requires the minor to
19attend school or participate in a program of training, the
20truant officer or designated school official shall regularly
21report to the court if the minor is a chronic or habitual
22truant under Section 26-2a of the School Code. Notwithstanding
23any other provision of this Act, in instances in which
24educational services are to be provided to a minor in a
25residential facility where the minor has been placed by the
26court, costs incurred in the provision of those educational

 

 

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1services must be allocated based on the requirements of the
2School Code.
3    (7) In no event shall a guilty minor be committed to the
4Department of Juvenile Justice for a period of time in excess
5of that period for which an adult could be committed for the
6same act. The court shall include in the sentencing order a
7limitation on the period of confinement not to exceed the
8maximum period of imprisonment the court could impose under
9Article V of the Unified Code of Corrections.
10    (7.5) In no event shall a guilty minor be committed to the
11Department of Juvenile Justice or placed in detention when the
12act for which the minor was adjudicated delinquent would not be
13illegal if committed by an adult.
14    (7.6) In no event shall a guilty minor be committed to the
15Department of Juvenile Justice for an offense which is a Class
164 felony under Section 19-4 (criminal trespass to a residence),
1721-1 (criminal damage to property), 21-1.01 (criminal damage to
18government supported property), 21-1.3 (criminal defacement of
19property), 26-1 (disorderly conduct), or 31-4 (obstructing
20justice), of the Criminal Code of 2012.
21    (7.75) In no event shall a guilty minor be committed to the
22Department of Juvenile Justice for an offense that is a Class 3
23or Class 4 felony violation of the Illinois Controlled
24Substances Act unless the commitment occurs upon a third or
25subsequent judicial finding of a violation of probation for
26substantial noncompliance with court-ordered court ordered

 

 

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1treatment or programming.
2    (8) A minor found to be guilty for reasons that include a
3violation of Section 21-1.3 of the Criminal Code of 1961 or the
4Criminal Code of 2012 shall be ordered to perform community
5service for not less than 30 and not more than 120 hours, if
6community service is available in the jurisdiction. The
7community service shall include, but need not be limited to,
8the cleanup and repair of the damage that was caused by the
9violation or similar damage to property located in the
10municipality or county in which the violation occurred. The
11order may be in addition to any other order authorized by this
12Section.
13    (8.5) A minor found to be guilty for reasons that include a
14violation of Section 3.02 or Section 3.03 of the Humane Care
15for Animals Act or paragraph (d) of subsection (1) of Section
1621-1 of the Criminal Code of 1961 or paragraph (4) of
17subsection (a) of Section 21-1 of the Criminal Code of 2012
18shall be ordered to undergo medical or psychiatric treatment
19rendered by a psychiatrist or psychological treatment rendered
20by a clinical psychologist. The order may be in addition to any
21other order authorized by this Section.
22    (9) In addition to any other sentencing order, the court
23shall order any minor found to be guilty for an act which would
24constitute, predatory criminal sexual assault of a child,
25aggravated criminal sexual assault, criminal sexual assault,
26aggravated criminal sexual abuse, or criminal sexual abuse if

 

 

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1committed by an adult to undergo medical testing to determine
2whether the defendant has any sexually transmissible disease
3including a test for infection with human immunodeficiency
4virus (HIV) or any other identified causative agency of
5acquired immunodeficiency syndrome (AIDS). Any medical test
6shall be performed only by appropriately licensed medical
7practitioners and may include an analysis of any bodily fluids
8as well as an examination of the minor's person. Except as
9otherwise provided by law, the results of the test shall be
10kept strictly confidential by all medical personnel involved in
11the testing and must be personally delivered in a sealed
12envelope to the judge of the court in which the sentencing
13order was entered for the judge's inspection in camera. Acting
14in accordance with the best interests of the victim and the
15public, the judge shall have the discretion to determine to
16whom the results of the testing may be revealed. The court
17shall notify the minor of the results of the test for infection
18with the human immunodeficiency virus (HIV). The court shall
19also notify the victim if requested by the victim, and if the
20victim is under the age of 15 and if requested by the victim's
21parents or legal guardian, the court shall notify the victim's
22parents or the legal guardian, of the results of the test for
23infection with the human immunodeficiency virus (HIV). The
24court shall provide information on the availability of HIV
25testing and counseling at the Department of Public Health
26facilities to all parties to whom the results of the testing

 

 

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1are revealed. The court shall order that the cost of any test
2shall be paid by the county and may be taxed as costs against
3the minor.
4    (10) When a court finds a minor to be guilty the court
5shall, before entering a sentencing order under this Section,
6make a finding whether the offense committed either: (a) was
7related to or in furtherance of the criminal activities of an
8organized gang or was motivated by the minor's membership in or
9allegiance to an organized gang, or (b) involved a violation of
10subsection (a) of Section 12-7.1 of the Criminal Code of 1961
11or the Criminal Code of 2012, a violation of any Section of
12Article 24 of the Criminal Code of 1961 or the Criminal Code of
132012, or a violation of any statute that involved the wrongful
14use of a firearm. If the court determines the question in the
15affirmative, and the court does not commit the minor to the
16Department of Juvenile Justice, the court shall order the minor
17to perform community service for not less than 30 hours nor
18more than 120 hours, provided that community service is
19available in the jurisdiction and is funded and approved by the
20county board of the county where the offense was committed. The
21community service shall include, but need not be limited to,
22the cleanup and repair of any damage caused by a violation of
23Section 21-1.3 of the Criminal Code of 1961 or the Criminal
24Code of 2012 and similar damage to property located in the
25municipality or county in which the violation occurred. When
26possible and reasonable, the community service shall be

 

 

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1performed in the minor's neighborhood. This order shall be in
2addition to any other order authorized by this Section except
3for an order to place the minor in the custody of the
4Department of Juvenile Justice. For the purposes of this
5Section, "organized gang" has the meaning ascribed to it in
6Section 10 of the Illinois Streetgang Terrorism Omnibus
7Prevention Act.
8    (11) If the court determines that the offense was committed
9in furtherance of the criminal activities of an organized gang,
10as provided in subsection (10), and that the offense involved
11the operation or use of a motor vehicle or the use of a
12driver's license or permit, the court shall notify the
13Secretary of State of that determination and of the period for
14which the minor shall be denied driving privileges. If, at the
15time of the determination, the minor does not hold a driver's
16license or permit, the court shall provide that the minor shall
17not be issued a driver's license or permit until his or her
1818th birthday. If the minor holds a driver's license or permit
19at the time of the determination, the court shall provide that
20the minor's driver's license or permit shall be revoked until
21his or her 21st birthday, or until a later date or occurrence
22determined by the court. If the minor holds a driver's license
23at the time of the determination, the court may direct the
24Secretary of State to issue the minor a judicial driving
25permit, also known as a JDP. The JDP shall be subject to the
26same terms as a JDP issued under Section 6-206.1 of the

 

 

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1Illinois Vehicle Code, except that the court may direct that
2the JDP be effective immediately.
3    (12) If a minor is found to be guilty of a violation of
4subsection (a-7) of Section 1 of the Prevention of Tobacco Use
5by Minors Act, the court may, in its discretion, and upon
6recommendation by the State's Attorney, order that minor and
7his or her parents or legal guardian to attend a smoker's
8education or youth diversion program as defined in that Act if
9that program is available in the jurisdiction where the
10offender resides. Attendance at a smoker's education or youth
11diversion program shall be time-credited against any community
12service time imposed for any first violation of subsection
13(a-7) of Section 1 of that Act. In addition to any other
14penalty that the court may impose for a violation of subsection
15(a-7) of Section 1 of that Act, the court, upon request by the
16State's Attorney, may in its discretion require the offender to
17remit a fee for his or her attendance at a smoker's education
18or youth diversion program.
19    For purposes of this Section, "smoker's education program"
20or "youth diversion program" includes, but is not limited to, a
21seminar designed to educate a person on the physical and
22psychological effects of smoking tobacco products and the
23health consequences of smoking tobacco products that can be
24conducted with a locality's youth diversion program.
25    In addition to any other penalty that the court may impose
26under this subsection (12):

 

 

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1        (a) If a minor violates subsection (a-7) of Section 1
2    of the Prevention of Tobacco Use by Minors Act, the court
3    may impose a sentence of 15 hours of community service or a
4    fine of $25 for a first violation.
5        (b) A second violation by a minor of subsection (a-7)
6    of Section 1 of that Act that occurs within 12 months after
7    the first violation is punishable by a fine of $50 and 25
8    hours of community service.
9        (c) A third or subsequent violation by a minor of
10    subsection (a-7) of Section 1 of that Act that occurs
11    within 12 months after the first violation is punishable by
12    a $100 fine and 30 hours of community service.
13        (d) Any second or subsequent violation not within the
14    12-month time period after the first violation is
15    punishable as provided for a first violation.
16(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
1799-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17;
18revised 9-2-16.)
 
19    (705 ILCS 405/5-745)
20    Sec. 5-745. Court review.
21    (1) The court may require any legal custodian or guardian
22of the person appointed under this Act, including the
23Department of Juvenile Justice for youth committed under
24Section 5-750 of this Act, to report periodically to the court
25or may cite him or her into court and require him or her, or his

 

 

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1or her agency, to make a full and accurate report of his or her
2or its doings in behalf of the minor, including efforts to
3secure post-release placement of the youth after release from
4the Department's facilities. The legal custodian or guardian,
5within 10 days after the citation, shall make the report,
6either in writing verified by affidavit or orally under oath in
7open court, or otherwise as the court directs. Upon the hearing
8of the report the court may remove the legal custodian or
9guardian and appoint another in his or her stead or restore the
10minor to the custody of his or her parents or former guardian
11or legal custodian.
12    (2) If the Department of Children and Family Services is
13appointed legal custodian or guardian of a minor under Section
145-740 of this Act, the Department of Children and Family
15Services Section 5-740 of shall file updated case plans with
16the court every 6 months. Every agency which has guardianship
17of a child shall file a supplemental petition for court review,
18or review by an administrative body appointed or approved by
19the court and further order within 18 months of the sentencing
20order and each 18 months thereafter. The petition shall state
21facts relative to the child's present condition of physical,
22mental and emotional health as well as facts relative to his or
23her present custodial or foster care. The petition shall be set
24for hearing and the clerk shall mail 10 days notice of the
25hearing by certified mail, return receipt requested, to the
26person or agency having the physical custody of the child, the

 

 

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1minor and other interested parties unless a written waiver of
2notice is filed with the petition.
3    If the minor is in the custody of the Illinois Department
4of Children and Family Services, pursuant to an order entered
5under this Article, the court shall conduct permanency hearings
6as set out in subsections (1), (2), and (3) of Section 2-28 of
7Article II of this Act.
8    Rights of wards of the court under this Act are enforceable
9against any public agency by complaints for relief by mandamus
10filed in any proceedings brought under this Act.
11    (3) The minor or any person interested in the minor may
12apply to the court for a change in custody of the minor and the
13appointment of a new custodian or guardian of the person or for
14the restoration of the minor to the custody of his or her
15parents or former guardian or custodian. In the event that the
16minor has attained 18 years of age and the guardian or
17custodian petitions the court for an order terminating his or
18her guardianship or custody, guardianship or legal custody
19shall terminate automatically 30 days after the receipt of the
20petition unless the court orders otherwise. No legal custodian
21or guardian of the person may be removed without his or her
22consent until given notice and an opportunity to be heard by
23the court.
24    (4) If the minor is committed to the Department of Juvenile
25Justice under Section 5-750 of this Act, the Department shall
26notify the court in writing of the occurrence of any of the

 

 

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1following:
2        (a) a critical incident involving a youth committed to
3    the Department; as used in this paragraph (a), "critical
4    incident" means any incident that involves a serious risk
5    to the life, health, or well-being of the youth and
6    includes, but is not limited to, an accident or suicide
7    attempt resulting in serious bodily harm or
8    hospitalization, psychiatric hospitalization, alleged or
9    suspected abuse, or escape or attempted escape from
10    custody, filed within 10 days of the occurrence;
11        (b) a youth who has been released by the Prisoner
12    Review Board but remains in a Department facility solely
13    because the youth does not have an approved aftercare
14    release host site, filed within 10 days of the occurrence;
15        (c) a youth, except a youth who has been adjudicated a
16    habitual or violent juvenile offender under Section 5-815
17    or 5-820 of this Act or committed for first degree murder,
18    who has been held in a Department facility for over one
19    consecutive year; or
20        (d) if a report has been filed under paragraph (c) of
21    this subsection, a supplemental report shall be filed every
22    6 months thereafter.
23The notification required by this subsection (4) shall contain
24a brief description of the incident or situation and a summary
25of the youth's current physical, mental, and emotional health
26and the actions the Department took in response to the incident

 

 

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1or to identify an aftercare release host site, as applicable.
2Upon receipt of the notification, the court may require the
3Department to make a full report under subsection (1) of this
4Section.
5    (5) With respect to any report required to be filed with
6the court under this Section, the Independent Juvenile
7Ombudsman shall provide a copy to the minor's court appointed
8guardian ad litem, if the Department has received written
9notice of the appointment, and to the minor's attorney, if the
10Department has received written notice of representation from
11the attorney. If the Department has a record that a guardian
12has been appointed for the minor and a record of the last known
13address of the minor's court appointed guardian, the
14Independent Juvenile Ombudsman shall send a notice to the
15guardian that the report is available and will be provided by
16the Independent Juvenile Ombudsman upon request. If the
17Department has no record regarding the appointment of a
18guardian for the minor, and the Department's records include
19the last known addresses of the minor's parents, the
20Independent Juvenile Ombudsman shall send a notice to the
21parents that the report is available and will be provided by
22the Independent Juvenile Ombudsman upon request.
23(Source: P.A. 99-628, eff. 1-1-17; 99-664, eff. 1-1-17; revised
2410-11-16.)
 
25    (705 ILCS 405/5-7A-115)

 

 

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1    Sec. 5-7A-115. Program description. The supervising
2authority may promulgate rules that prescribe reasonable
3guidelines under which an electronic home detention program
4shall operate. These rules shall include, but not be limited,
5to, the following:
6        (A) The participant shall remain within the interior
7    premises or within the property boundaries of his or her
8    residence at all times during the hours designated by the
9    supervising authority. Such instances of approved absences
10    from the home may include, but are not limited to, the
11    following:
12            (1) working or employment approved by the court or
13        traveling to or from approved employment;
14            (2) unemployed and seeking employment approved for
15        the participant by the court;
16            (3) undergoing medical, psychiatric, mental health
17        treatment, counseling, or other treatment programs
18        approved for the participant by the court;
19            (4) attending an educational institution or a
20        program approved for the participant by the court;
21            (5) attending a regularly scheduled religious
22        service at a place of worship;
23            (6) participating in community work release or
24        community service programs approved for the
25        participant by the supervising authority; or
26            (7) for another compelling reason consistent with

 

 

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1        the public interest, as approved by the supervising
2        authority.
3        (B) The participant shall admit any person or agent
4    designated by the supervising authority into his or her
5    residence at any time for purposes of verifying the
6    participant's compliance with the conditions of his or her
7    detention.
8        (C) The participant shall make the necessary
9    arrangements to allow for any person or agent designated by
10    the supervising authority to visit the participant's place
11    of education or employment at any time, based upon the
12    approval of the educational institution or employer or
13    both, for the purpose of verifying the participant's
14    compliance with the conditions of his or her detention.
15        (D) The participant shall acknowledge and participate
16    with the approved electronic monitoring device as
17    designated by the supervising authority at any time for the
18    purpose of verifying the participant's compliance with the
19    conditions of his or her detention.
20        (E) The participant shall maintain the following:
21            (1) a working telephone in the participant's home;
22            (2) a monitoring device in the participant's home,
23        or on the participant's person, or both; and
24            (3) a monitoring device in the participant's home
25        and on the participant's person in the absence of a
26        telephone.

 

 

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1        (F) The participant shall obtain approval from the
2    supervising authority before the participant changes
3    residence or the schedule described in paragraph (A) of
4    this Section.
5        (G) The participant shall not commit another act that
6    if committed by an adult would constitute a crime during
7    the period of home detention ordered by the court.
8        (H) Notice to the participant that violation of the
9    order for home detention may subject the participant to an
10    adjudicatory hearing for escape as described in Section
11    5-7A-120.
12        (I) The participant shall abide by other conditions as
13    set by the supervising authority.
14(Source: P.A. 96-293, eff. 1-1-10; revised 10-25-16.)
 
15    (705 ILCS 405/5-915)
16    Sec. 5-915. Expungement of juvenile law enforcement and
17court records.
18    (0.05) For purposes of this Section and Section 5-622:
19        "Expunge" means to physically destroy the records and
20    to obliterate the minor's name from any official index or
21    public record, or both. Nothing in this Act shall require
22    the physical destruction of the internal office records,
23    files, or databases maintained by a State's Attorney's
24    Office or other prosecutor.
25        "Law enforcement record" includes but is not limited to

 

 

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1    records of arrest, station adjustments, fingerprints,
2    probation adjustments, the issuance of a notice to appear,
3    or any other records maintained by a law enforcement agency
4    relating to a minor suspected of committing an offense.
5    (1) Whenever a person has been arrested, charged, or
6adjudicated delinquent for an incident occurring before his or
7her 18th birthday that if committed by an adult would be an
8offense, the person may petition the court at any time for
9expungement of law enforcement records and juvenile court
10records relating to the incident and, upon termination of all
11juvenile court proceedings relating to that incident, the court
12shall order the expungement of all records in the possession of
13the Department of State Police, the clerk of the circuit court,
14and law enforcement agencies relating to the incident, but only
15in any of the following circumstances:
16        (a) the minor was arrested and no petition for
17    delinquency was filed with the clerk of the circuit court;
18        (a-5) the minor was charged with an offense and the
19    petition or petitions were dismissed without a finding of
20    delinquency;
21        (b) the minor was charged with an offense and was found
22    not delinquent of that offense;
23        (c) the minor was placed under supervision pursuant to
24    Section 5-615, and the order of supervision has since been
25    successfully terminated; or
26        (d) the minor was adjudicated for an offense which

 

 

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1    would be a Class B misdemeanor, Class C misdemeanor, or a
2    petty or business offense if committed by an adult.
3    (1.5) Commencing 180 days after January 1, 2015 (the
4effective date of Public Act 98-637) this amendatory Act of the
598th General Assembly, the Department of State Police shall
6automatically expunge, on or before January 1 of each year, a
7person's law enforcement records which are not subject to
8subsection (1) relating to incidents occurring before his or
9her 18th birthday in the Department's possession or control and
10which contains the final disposition which pertain to the
11person when arrested as a minor if:
12        (a) the minor was arrested for an eligible offense and
13    no petition for delinquency was filed with the clerk of the
14    circuit court; and
15        (b) the person attained the age of 18 years during the
16    last calendar year; and
17        (c) since the date of the minor's most recent arrest,
18    at least 6 months have elapsed without an additional
19    arrest, filing of a petition for delinquency whether
20    related or not to a previous arrest, or filing of charges
21    not initiated by arrest.
22    The Department of State Police shall allow a person to use
23the Access and Review process, established in the Department of
24State Police, for verifying that his or her law enforcement
25records relating to incidents occurring before his or her 18th
26birthday eligible under this subsection have been expunged as

 

 

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1provided in this subsection.
2    The Department of State Police shall provide by rule the
3process for access, review, and automatic expungement.
4    (1.6) Commencing on January 1, 2015 (the effective date of
5Public Act 98-637) this amendatory Act of the 98th General
6Assembly, a person whose law enforcement records are not
7subject to subsection (1) or (1.5) of this Section and who has
8attained the age of 18 years may use the Access and Review
9process, established in the Department of State Police, for
10verifying his or her law enforcement records relating to
11incidents occurring before his or her 18th birthday in the
12Department's possession or control which pertain to the person
13when arrested as a minor, if the incident occurred no earlier
14than 30 years before January 1, 2015 (the effective date of
15Public Act 98-637) this amendatory Act of the 98th General
16Assembly. If the person identifies a law enforcement record of
17an eligible offense that meets the requirements of this
18subsection, paragraphs (a) and (c) of subsection (1.5) of this
19Section, and all juvenile court proceedings related to the
20person have been terminated, the person may file a Request for
21Expungement of Juvenile Law Enforcement Records, in the form
22and manner prescribed by the Department of State Police, with
23the Department and the Department shall consider expungement of
24the record as otherwise provided for automatic expungement
25under subsection (1.5) of this Section. The person shall
26provide notice and a copy of the Request for Expungement of

 

 

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1Juvenile Law Enforcement Records to the arresting agency,
2prosecutor charged with the prosecution of the minor, or the
3State's Attorney of the county that prosecuted the minor. The
4Department of State Police shall provide by rule the process
5for access, review, and Request for Expungement of Juvenile Law
6Enforcement Records.
7    (1.7) Nothing in subsections (1.5) and (1.6) of this
8Section precludes a person from filing a petition under
9subsection (1) for expungement of records subject to automatic
10expungement under that subsection (1) or subsection (1.5) or
11(1.6) of this Section.
12    (1.8) For the purposes of subsections (1.5) and (1.6) of
13this Section, "eligible offense" means records relating to an
14arrest or incident occurring before the person's 18th birthday
15that if committed by an adult is not an offense classified as a
16Class 2 felony or higher offense, an offense under Article 11
17of the Criminal Code of 1961 or the Criminal Code of 2012, or
18an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
19of the Criminal Code of 1961.
20    (2) Any person may petition the court to expunge all law
21enforcement records relating to any incidents occurring before
22his or her 18th birthday which did not result in proceedings in
23criminal court and all juvenile court records with respect to
24any adjudications except those based upon first degree murder
25and sex offenses which would be felonies if committed by an
26adult, if the person for whom expungement is sought has had no

 

 

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1convictions for any crime since his or her 18th birthday and:
2        (a) has attained the age of 21 years; or
3        (b) 5 years have elapsed since all juvenile court
4    proceedings relating to him or her have been terminated or
5    his or her commitment to the Department of Juvenile Justice
6    pursuant to this Act has been terminated;
7whichever is later of (a) or (b). Nothing in this Section 5-915
8precludes a minor from obtaining expungement under Section
95-622.
10    (2.5) If a minor is arrested and no petition for
11delinquency is filed with the clerk of the circuit court as
12provided in paragraph (a) of subsection (1) at the time the
13minor is released from custody, the youth officer, if
14applicable, or other designated person from the arresting
15agency, shall notify verbally and in writing to the minor or
16the minor's parents or guardians that the minor has a right to
17petition to have his or her arrest record expunged when all
18juvenile court proceedings relating to that minor have been
19terminated and that unless a petition to expunge is filed, the
20minor shall have an arrest record and shall provide the minor
21and the minor's parents or guardians with an expungement
22information packet, including a petition to expunge juvenile
23records obtained from the clerk of the circuit court.
24    (2.6) If a minor is charged with an offense and is found
25not delinquent of that offense; or if a minor is placed under
26supervision under Section 5-615, and the order of supervision

 

 

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1is successfully terminated; or if a minor is adjudicated for an
2offense that would be a Class B misdemeanor, a Class C
3misdemeanor, or a business or petty offense if committed by an
4adult; or if a minor has incidents occurring before his or her
518th birthday that have not resulted in proceedings in criminal
6court, or resulted in proceedings in juvenile court, and the
7adjudications were not based upon first degree murder or sex
8offenses that would be felonies if committed by an adult; then
9at the time of sentencing or dismissal of the case, the judge
10shall inform the delinquent minor of his or her right to
11petition for expungement as provided by law, and the clerk of
12the circuit court shall provide an expungement information
13packet to the delinquent minor, written in plain language,
14including a petition for expungement, a sample of a completed
15petition, expungement instructions that shall include
16information informing the minor that (i) once the case is
17expunged, it shall be treated as if it never occurred, (ii) he
18or she may apply to have petition fees waived, (iii) once he or
19she obtains an expungement, he or she may not be required to
20disclose that he or she had a juvenile record, and (iv) he or
21she may file the petition on his or her own or with the
22assistance of an attorney. The failure of the judge to inform
23the delinquent minor of his or her right to petition for
24expungement as provided by law does not create a substantive
25right, nor is that failure grounds for: (i) a reversal of an
26adjudication of delinquency, (ii) a new trial; or (iii) an

 

 

HB3855 Engrossed- 1251 -LRB100 05985 AMC 16014 b

1appeal.
2    (2.7) For counties with a population over 3,000,000, the
3clerk of the circuit court shall send a "Notification of a
4Possible Right to Expungement" post card to the minor at the
5address last received by the clerk of the circuit court on the
6date that the minor attains the age of 18 based on the
7birthdate provided to the court by the minor or his or her
8guardian in cases under paragraphs (b), (c), and (d) of
9subsection (1); and when the minor attains the age of 21 based
10on the birthdate provided to the court by the minor or his or
11her guardian in cases under subsection (2).
12    (2.8) The petition for expungement for subsection (1) may
13include multiple offenses on the same petition and shall be
14substantially in the following form:
15
IN THE CIRCUIT COURT OF ......, ILLINOIS
16
........ JUDICIAL CIRCUIT

 
17IN THE INTEREST OF )    NO.
18                   )
19                   )
20...................)
21(Name of Petitioner)
 
22
PETITION TO EXPUNGE JUVENILE RECORDS
23
(705 ILCS 405/5-915 (SUBSECTION 1))
24Now comes ............., petitioner, and respectfully requests

 

 

HB3855 Engrossed- 1252 -LRB100 05985 AMC 16014 b

1that this Honorable Court enter an order expunging all juvenile
2law enforcement and court records of petitioner and in support
3thereof states that: Petitioner has attained the age of ....,
4his/her birth date being ......, or all Juvenile Court
5proceedings terminated as of ......, whichever occurred later.
6Petitioner was arrested on ..... by the ....... Police
7Department for the offense or offenses of ......., and:
8(Check All That Apply:)
9( ) a. no petition or petitions were filed with the Clerk of
10the Circuit Court.
11( ) b. was charged with ...... and was found not delinquent of
12the offense or offenses.
13( ) c. a petition or petitions were filed and the petition or
14petitions were dismissed without a finding of delinquency on
15.....
16( ) d. on ....... placed under supervision pursuant to Section
175-615 of the Juvenile Court Act of 1987 and such order of
18supervision successfully terminated on ........
19( ) e. was adjudicated for the offense or offenses, which would
20have been a Class B misdemeanor, a Class C misdemeanor, or a
21petty offense or business offense if committed by an adult.
22Petitioner .... has .... has not been arrested on charges in
23this or any county other than the charges listed above. If
24petitioner has been arrested on additional charges, please list
25the charges below:
26Charge(s): ......

 

 

HB3855 Engrossed- 1253 -LRB100 05985 AMC 16014 b

1Arresting Agency or Agencies: ...........
2Disposition/Result: (choose from a. through e., above): .....
3WHEREFORE, the petitioner respectfully requests this Honorable
4Court to (1) order all law enforcement agencies to expunge all
5records of petitioner to this incident or incidents, and (2) to
6order the Clerk of the Court to expunge all records concerning
7the petitioner regarding this incident or incidents.
 
8
......................
9
Petitioner (Signature)

 
10
..........................
11
Petitioner's Street Address

 
12
.....................
13
City, State, Zip Code

 
14
.............................
15
Petitioner's Telephone Number

 
16Pursuant to the penalties of perjury under the Code of Civil
17Procedure, 735 ILCS 5/1-109, I hereby certify that the
18statements in this petition are true and correct, or on
19information and belief I believe the same to be true.
 
20
......................

 

 

HB3855 Engrossed- 1254 -LRB100 05985 AMC 16014 b

1
Petitioner (Signature)
2The Petition for Expungement for subsection (2) shall be
3substantially in the following form:
 
4
IN THE CIRCUIT COURT OF ........, ILLINOIS
5
........ JUDICIAL CIRCUIT

 
6IN THE INTEREST OF )    NO.
7                   )
8                   )
9...................)
10(Name of Petitioner)
 
11
PETITION TO EXPUNGE JUVENILE RECORDS
12
(705 ILCS 405/5-915 (SUBSECTION 2))
13
(Please prepare a separate petition for each offense)
14Now comes ............, petitioner, and respectfully requests
15that this Honorable Court enter an order expunging all Juvenile
16Law Enforcement and Court records of petitioner and in support
17thereof states that:
18The incident for which the Petitioner seeks expungement
19occurred before the Petitioner's 18th birthday and did not
20result in proceedings in criminal court and the Petitioner has
21not had any convictions for any crime since his/her 18th
22birthday; and
23The incident for which the Petitioner seeks expungement

 

 

HB3855 Engrossed- 1255 -LRB100 05985 AMC 16014 b

1occurred before the Petitioner's 18th birthday and the
2adjudication was not based upon first degree first-degree
3murder or sex offenses which would be felonies if committed by
4an adult, and the Petitioner has not had any convictions for
5any crime since his/her 18th birthday.
6Petitioner was arrested on ...... by the ....... Police
7Department for the offense of ........, and:
8(Check whichever one occurred the latest:)
9( ) a. The Petitioner has attained the age of 21 years, his/her
10birthday being .......; or
11( ) b. 5 years have elapsed since all juvenile court
12proceedings relating to the Petitioner have been terminated; or
13the Petitioner's commitment to the Department of Juvenile
14Justice pursuant to the expungement of juvenile law enforcement
15and court records provisions of the Juvenile Court Act of 1987
16has been terminated. Petitioner ...has ...has not been arrested
17on charges in this or any other county other than the charge
18listed above. If petitioner has been arrested on additional
19charges, please list the charges below:
20Charge(s): ..........
21Arresting Agency or Agencies: .......
22Disposition/Result: (choose from a or b, above): ..........
23WHEREFORE, the petitioner respectfully requests this Honorable
24Court to (1) order all law enforcement agencies to expunge all
25records of petitioner related to this incident, and (2) to
26order the Clerk of the Court to expunge all records concerning

 

 

HB3855 Engrossed- 1256 -LRB100 05985 AMC 16014 b

1the petitioner regarding this incident.
 
2
.......................
3
Petitioner (Signature)

 
4
......................
5
Petitioner's Street Address

 
6
.....................
7
City, State, Zip Code
8
.............................
9
Petitioner's Telephone Number

 
10Pursuant to the penalties of perjury under the Code of Civil
11Procedure, 735 ILCS 5/1-109, I hereby certify that the
12statements in this petition are true and correct, or on
13information and belief I believe the same to be true.
14
......................
15
Petitioner (Signature)
16    (3) The chief judge of the circuit in which an arrest was
17made or a charge was brought or any judge of that circuit
18designated by the chief judge may, upon verified petition of a
19person who is the subject of an arrest or a juvenile court
20proceeding under subsection (1) or (2) of this Section, order
21the law enforcement records or official court file, or both, to
22be expunged from the official records of the arresting

 

 

HB3855 Engrossed- 1257 -LRB100 05985 AMC 16014 b

1authority, the clerk of the circuit court and the Department of
2State Police. The person whose records are to be expunged shall
3petition the court using the appropriate form containing his or
4her current address and shall promptly notify the clerk of the
5circuit court of any change of address. Notice of the petition
6shall be served upon the State's Attorney or prosecutor charged
7with the duty of prosecuting the offense, the Department of
8State Police, and the arresting agency or agencies by the clerk
9of the circuit court. If an objection is filed within 45 days
10of the notice of the petition, the clerk of the circuit court
11shall set a date for hearing after the 45-day 45 day objection
12period. At the hearing the court shall hear evidence on whether
13the expungement should or should not be granted. Unless the
14State's Attorney or prosecutor, the Department of State Police,
15or an arresting agency objects to the expungement within 45
16days of the notice, the court may enter an order granting
17expungement. The clerk shall forward a certified copy of the
18order to the Department of State Police and deliver a certified
19copy of the order to the arresting agency.
20    (3.1) The Notice of Expungement shall be in substantially
21the following form:
22
IN THE CIRCUIT COURT OF ....., ILLINOIS
23
.... JUDICIAL CIRCUIT

 
24IN THE INTEREST OF )    NO.
25                   )

 

 

HB3855 Engrossed- 1258 -LRB100 05985 AMC 16014 b

1                   )
2...................)
3(Name of Petitioner)
 
4
NOTICE
5TO:  State's Attorney
6TO:  Arresting Agency
7
8................
9................
10
11................
12................
13TO:  Illinois State Police
14
15.....................
16
17.....................
18ATTENTION: Expungement
19You are hereby notified that on ....., at ....., in courtroom
20..., located at ..., before the Honorable ..., Judge, or any
21judge sitting in his/her stead, I shall then and there present
22a Petition to Expunge Juvenile records in the above-entitled
23matter, at which time and place you may appear.
24
......................
25
Petitioner's Signature

 

 

HB3855 Engrossed- 1259 -LRB100 05985 AMC 16014 b

1
...........................
2
Petitioner's Street Address
3
.....................
4
City, State, Zip Code
5
.............................
6
Petitioner's Telephone Number
7
PROOF OF SERVICE
8On the ....... day of ......, 20..., I on oath state that I
9served this notice and true and correct copies of the
10above-checked documents by:
11(Check One:)
12delivering copies personally to each entity to whom they are
13directed;
14or
15by mailing copies to each entity to whom they are directed by
16depositing the same in the U.S. Mail, proper postage fully
17prepaid, before the hour of 5:00 p.m., at the United States
18Postal Depository located at .................
19
.........................................
20
21Signature
22
Clerk of the Circuit Court or Deputy Clerk
23Printed Name of Delinquent Minor/Petitioner: ....
24Address: ........................................
25Telephone Number: ...............................
26    (3.2) The Order of Expungement shall be in substantially

 

 

HB3855 Engrossed- 1260 -LRB100 05985 AMC 16014 b

1the following form:
2
IN THE CIRCUIT COURT OF ....., ILLINOIS
3
.... JUDICIAL CIRCUIT

 
4IN THE INTEREST OF )    NO.
5                   )
6                   )
7...................)
8(Name of Petitioner)
 
9DOB ................
10Arresting Agency/Agencies ......
11
ORDER OF EXPUNGEMENT
12
(705 ILCS 405/5-915 (SUBSECTION 3))
13This matter having been heard on the petitioner's motion and
14the court being fully advised in the premises does find that
15the petitioner is indigent or has presented reasonable cause to
16waive all costs in this matter, IT IS HEREBY ORDERED that:
17    ( ) 1. Clerk of Court and Department of State Police costs
18are hereby waived in this matter.
19    ( ) 2. The Illinois State Police Bureau of Identification
20and the following law enforcement agencies expunge all records
21of petitioner relating to an arrest dated ...... for the
22offense of ......
23
Law Enforcement Agencies:
24
.........................

 

 

HB3855 Engrossed- 1261 -LRB100 05985 AMC 16014 b

1
.........................
2    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
3Court expunge all records regarding the above-captioned case.
4
ENTER: ......................
5
6JUDGE
7DATED: .......
8Name:
9Attorney for:
10Address: City/State/Zip:
11Attorney Number:
12    (3.3) The Notice of Objection shall be in substantially the
13following form:
14
IN THE CIRCUIT COURT OF ....., ILLINOIS
15
....................... JUDICIAL CIRCUIT

 
16IN THE INTEREST OF )    NO.
17                   )
18                   )
19...................)
20(Name of Petitioner)
 
21
NOTICE OF OBJECTION
22TO:(Attorney, Public Defender, Minor)
23.................................
24.................................

 

 

HB3855 Engrossed- 1262 -LRB100 05985 AMC 16014 b

1TO:(Illinois State Police)
2.................................
3.................................
4TO:(Clerk of the Court)
5.................................
6.................................
7TO:(Judge)
8.................................
9.................................
10TO:(Arresting Agency/Agencies)
11.................................
12.................................
13ATTENTION: You are hereby notified that an objection has been
14filed by the following entity regarding the above-named minor's
15petition for expungement of juvenile records:
16( ) State's Attorney's Office;
17( ) Prosecutor (other than State's Attorney's Office) charged
18with the duty of prosecuting the offense sought to be expunged;
19( ) Department of Illinois State Police; or
20( ) Arresting Agency or Agencies.
21The agency checked above respectfully requests that this case
22be continued and set for hearing on whether the expungement
23should or should not be granted.
24DATED: .......
25Name:
26Attorney For:

 

 

HB3855 Engrossed- 1263 -LRB100 05985 AMC 16014 b

1Address:
2City/State/Zip:
3Telephone:
4Attorney No.:
5
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
6This matter has been set for hearing on the foregoing
7objection, on ...... in room ...., located at ....., before the
8Honorable ....., Judge, or any judge sitting in his/her stead.
9(Only one hearing shall be set, regardless of the number of
10Notices of Objection received on the same case).
11A copy of this completed Notice of Objection containing the
12court date, time, and location, has been sent via regular U.S.
13Mail to the following entities. (If more than one Notice of
14Objection is received on the same case, each one must be
15completed with the court date, time and location and mailed to
16the following entities):
17( ) Attorney, Public Defender or Minor;
18( ) State's Attorney's Office;
19( ) Prosecutor (other than State's Attorney's Office) charged
20with the duty of prosecuting the offense sought to be expunged;
21( ) Department of Illinois State Police; and
22( ) Arresting agency or agencies.
23Date: ......
24Initials of Clerk completing this section: .....
25    (4) Upon entry of an order expunging records or files, the
26offense, which the records or files concern shall be treated as

 

 

HB3855 Engrossed- 1264 -LRB100 05985 AMC 16014 b

1if it never occurred. Law enforcement officers and other public
2offices and agencies shall properly reply on inquiry that no
3record or file exists with respect to the person.
4    (5) Records which have not been expunged are sealed, and
5may be obtained only under the provisions of Sections 5-901,
65-905, and 5-915.
7    (6) Nothing in this Section shall be construed to prohibit
8the maintenance of information relating to an offense after
9records or files concerning the offense have been expunged if
10the information is kept in a manner that does not enable
11identification of the offender. This information may only be
12used for statistical and bona fide research purposes.
13    (6.5) The Department of State Police or any employee of the
14Department shall be immune from civil or criminal liability for
15failure to expunge any records of arrest that are subject to
16expungement under subsection (1.5) or (1.6) of this Section
17because of inability to verify a record. Nothing in subsection
18(1.5) or (1.6) of this Section shall create Department of State
19Police liability or responsibility for the expungement of law
20enforcement records it does not possess.
21    (7)(a) The State Appellate Defender shall establish,
22maintain, and carry out, by December 31, 2004, a juvenile
23expungement program to provide information and assistance to
24minors eligible to have their juvenile records expunged.
25    (b) The State Appellate Defender shall develop brochures,
26pamphlets, and other materials in printed form and through the

 

 

HB3855 Engrossed- 1265 -LRB100 05985 AMC 16014 b

1agency's World Wide Web site. The pamphlets and other materials
2shall include at a minimum the following information:
3        (i) An explanation of the State's juvenile expungement
4    process;
5        (ii) The circumstances under which juvenile
6    expungement may occur;
7        (iii) The juvenile offenses that may be expunged;
8        (iv) The steps necessary to initiate and complete the
9    juvenile expungement process; and
10        (v) Directions on how to contact the State Appellate
11    Defender.
12    (c) The State Appellate Defender shall establish and
13maintain a statewide toll-free telephone number that a person
14may use to receive information or assistance concerning the
15expungement of juvenile records. The State Appellate Defender
16shall advertise the toll-free telephone number statewide. The
17State Appellate Defender shall develop an expungement
18information packet that may be sent to eligible persons seeking
19expungement of their juvenile records, which may include, but
20is not limited to, a pre-printed expungement petition with
21instructions on how to complete the petition and a pamphlet
22containing information that would assist individuals through
23the juvenile expungement process.
24    (d) The State Appellate Defender shall compile a statewide
25list of volunteer attorneys willing to assist eligible
26individuals through the juvenile expungement process.

 

 

HB3855 Engrossed- 1266 -LRB100 05985 AMC 16014 b

1    (e) This Section shall be implemented from funds
2appropriated by the General Assembly to the State Appellate
3Defender for this purpose. The State Appellate Defender shall
4employ the necessary staff and adopt the necessary rules for
5implementation of this Section.
6    (8)(a) Except with respect to law enforcement agencies, the
7Department of Corrections, State's Attorneys, or other
8prosecutors, an expunged juvenile record may not be considered
9by any private or public entity in employment matters,
10certification, licensing, revocation of certification or
11licensure, or registration. Applications for employment must
12contain specific language that states that the applicant is not
13obligated to disclose expunged juvenile records of conviction
14or arrest. Employers may not ask if an applicant has had a
15juvenile record expunged. Effective January 1, 2005, the
16Department of Labor shall develop a link on the Department's
17website to inform employers that employers may not ask if an
18applicant had a juvenile record expunged and that application
19for employment must contain specific language that states that
20the applicant is not obligated to disclose expunged juvenile
21records of arrest or conviction.
22    (b) A person whose juvenile records have been expunged is
23not entitled to remission of any fines, costs, or other money
24paid as a consequence of expungement. Public Act 93-912 This
25amendatory Act of the 93rd General Assembly does not affect the
26right of the victim of a crime to prosecute or defend a civil

 

 

HB3855 Engrossed- 1267 -LRB100 05985 AMC 16014 b

1action for damages.
2    (c) The expungement of juvenile records under Section 5-622
3shall be funded by the additional fine imposed under Section
45-9-1.17 of the Unified Code of Corrections and additional
5appropriations made by the General Assembly for such purpose.
6    (9) The changes made to this Section by Public Act 98-61
7apply to law enforcement records of a minor who has been
8arrested or taken into custody on or after January 1, 2014 (the
9effective date of Public Act 98-61).
10    (10) The changes made in subsection (1.5) of this Section
11by Public Act 98-637 this amendatory Act of the 98th General
12Assembly apply to law enforcement records of a minor who has
13been arrested or taken into custody on or after January 1,
142015. The changes made in subsection (1.6) of this Section by
15Public Act 98-637 this amendatory Act of the 98th General
16Assembly apply to law enforcement records of a minor who has
17been arrested or taken into custody before January 1, 2015.
18(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
19eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
209-2-16.)
 
21    Section 665. The Criminal Code of 2012 is amended by
22changing Sections 17-2, 24-1.6, 24-2, and 32-14 as follows:
 
23    (720 ILCS 5/17-2)  (from Ch. 38, par. 17-2)
24    Sec. 17-2. False personation; solicitation.

 

 

HB3855 Engrossed- 1268 -LRB100 05985 AMC 16014 b

1    (a) False personation; solicitation.
2        (1) A person commits a false personation when he or she
3    knowingly and falsely represents himself or herself to be a
4    member or representative of any veterans' or public safety
5    personnel organization or a representative of any
6    charitable organization, or when he or she knowingly
7    exhibits or uses in any manner any decal, badge or insignia
8    of any charitable, public safety personnel, or veterans'
9    organization when not authorized to do so by the
10    charitable, public safety personnel, or veterans'
11    organization. "Public safety personnel organization" has
12    the meaning ascribed to that term in Section 1 of the
13    Solicitation for Charity Act.
14        (2) A person commits a false personation when he or she
15    knowingly and falsely represents himself or herself to be a
16    veteran in seeking employment or public office. In this
17    paragraph, "veteran" means a person who has served in the
18    Armed Services or Reserve Forces of the United States.
19        (2.1) A person commits a false personation when he or
20    she knowingly and falsely represents himself or herself to
21    be:
22            (A) an active-duty member of the Armed Services or
23        Reserve Forces of the United States or the National
24        Guard or a veteran of the Armed Services or Reserve
25        Forces of the United States or the National Guard; and
26            (B) obtains money, property, or another tangible

 

 

HB3855 Engrossed- 1269 -LRB100 05985 AMC 16014 b

1        benefit through that false representation.
2        In this paragraph, "member of the Armed Services or
3    Reserve Forces of the United States" means a member of the
4    United States Navy, Army, Air Force, Marine Corps, or Coast
5    Guard; and "veteran" means a person who has served in the
6    Armed Services or Reserve Forces of the United States or
7    the National Guard.
8        (2.5) A person commits a false personation when he or
9    she knowingly and falsely represents himself or herself to
10    be:
11            (A) another actual person and does an act in such
12        assumed character with intent to intimidate, threaten,
13        injure, defraud, or to obtain a benefit from another;
14        or
15            (B) a representative of an actual person or
16        organization and does an act in such false capacity
17        with intent to obtain a benefit or to injure or defraud
18        another.
19        (3) No person shall knowingly use the words "Police",
20    "Police Department", "Patrolman", "Sergeant",
21    "Lieutenant", "Peace Officer", "Sheriff's Police",
22    "Sheriff", "Officer", "Law Enforcement", "Trooper",
23    "Deputy", "Deputy Sheriff", "State Police", or any other
24    words to the same effect (i) in the title of any
25    organization, magazine, or other publication without the
26    express approval of the named public safety personnel

 

 

HB3855 Engrossed- 1270 -LRB100 05985 AMC 16014 b

1    organization's governing board or (ii) in combination with
2    the name of any state, state agency, public university, or
3    unit of local government without the express written
4    authorization of that state, state agency, public
5    university, or unit of local government.
6        (4) No person may knowingly claim or represent that he
7    or she is acting on behalf of any public safety personnel
8    organization when soliciting financial contributions or
9    selling or delivering or offering to sell or deliver any
10    merchandise, goods, services, memberships, or
11    advertisements unless the chief of the police department,
12    fire department, and the corporate or municipal authority
13    thereof, or the sheriff has first entered into a written
14    agreement with the person or with an organization with
15    which the person is affiliated and the agreement permits
16    the activity and specifies and states clearly and fully the
17    purpose for which the proceeds of the solicitation,
18    contribution, or sale will be used.
19        (5) No person, when soliciting financial contributions
20    or selling or delivering or offering to sell or deliver any
21    merchandise, goods, services, memberships, or
22    advertisements may claim or represent that he or she is
23    representing or acting on behalf of any nongovernmental
24    organization by any name which includes "officer", "peace
25    officer", "police", "law enforcement", "trooper",
26    "sheriff", "deputy", "deputy sheriff", "State police", or

 

 

HB3855 Engrossed- 1271 -LRB100 05985 AMC 16014 b

1    any other word or words which would reasonably be
2    understood to imply that the organization is composed of
3    law enforcement personnel unless:
4            (A) the person is actually representing or acting
5        on behalf of the nongovernmental organization;
6            (B) the nongovernmental organization is controlled
7        by and governed by a membership of and represents a
8        group or association of active duty peace officers,
9        retired peace officers, or injured peace officers; and
10            (C) before commencing the solicitation or the sale
11        or the offers to sell any merchandise, goods, services,
12        memberships, or advertisements, a written contract
13        between the soliciting or selling person and the
14        nongovernmental organization, which specifies and
15        states clearly and fully the purposes for which the
16        proceeds of the solicitation, contribution, or sale
17        will be used, has been entered into.
18        (6) No person, when soliciting financial contributions
19    or selling or delivering or offering to sell or deliver any
20    merchandise, goods, services, memberships, or
21    advertisements, may knowingly claim or represent that he or
22    she is representing or acting on behalf of any
23    nongovernmental organization by any name which includes
24    the term "fireman", "fire fighter", "paramedic", or any
25    other word or words which would reasonably be understood to
26    imply that the organization is composed of fire fighter or

 

 

HB3855 Engrossed- 1272 -LRB100 05985 AMC 16014 b

1    paramedic personnel unless:
2            (A) the person is actually representing or acting
3        on behalf of the nongovernmental organization;
4            (B) the nongovernmental organization is controlled
5        by and governed by a membership of and represents a
6        group or association of active duty, retired, or
7        injured fire fighters (for the purposes of this
8        Section, "fire fighter" has the meaning ascribed to
9        that term in Section 2 of the Illinois Fire Protection
10        Training Act) or active duty, retired, or injured
11        emergency medical technicians - ambulance, emergency
12        medical technicians - intermediate, emergency medical
13        technicians - paramedic, ambulance drivers, or other
14        medical assistance or first aid personnel; and
15            (C) before commencing the solicitation or the sale
16        or delivery or the offers to sell or deliver any
17        merchandise, goods, services, memberships, or
18        advertisements, the soliciting or selling person and
19        the nongovernmental organization have entered into a
20        written contract that specifies and states clearly and
21        fully the purposes for which the proceeds of the
22        solicitation, contribution, or sale will be used.
23        (7) No person may knowingly claim or represent that he
24    or she is an airman, airline employee, airport employee, or
25    contractor at an airport in order to obtain the uniform,
26    identification card, license, or other identification

 

 

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1    paraphernalia of an airman, airline employee, airport
2    employee, or contractor at an airport.
3        (8) No person, firm, copartnership, or corporation
4    (except corporations organized and doing business under
5    the Pawners Societies Act) shall knowingly use a name that
6    contains in it the words "Pawners' Society".
7    (b) False personation; public officials and employees. A
8person commits a false personation if he or she knowingly and
9falsely represents himself or herself to be any of the
10following:
11        (1) An attorney authorized to practice law for purposes
12    of compensation or consideration. This paragraph (b)(1)
13    does not apply to a person who unintentionally fails to pay
14    attorney registration fees established by Supreme Court
15    Rule.
16        (2) A public officer or a public employee or an
17    official or employee of the federal government.
18        (2.3) A public officer, a public employee, or an
19    official or employee of the federal government, and the
20    false representation is made in furtherance of the
21    commission of felony.
22        (2.7) A public officer or a public employee, and the
23    false representation is for the purpose of effectuating
24    identity theft as defined in Section 16-30 of this Code.
25        (3) A peace officer.
26        (4) A peace officer while carrying a deadly weapon.

 

 

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1        (5) A peace officer in attempting or committing a
2    felony.
3        (6) A peace officer in attempting or committing a
4    forcible felony.
5        (7) The parent, legal guardian, or other relation of a
6    minor child to any public official, public employee, or
7    elementary or secondary school employee or administrator.
8        (7.5) The legal guardian, including any representative
9    of a State or public guardian, of a person with a
10    disability appointed under Article XIa of the Probate Act
11    of 1975.
12        (8) A fire fighter.
13        (9) A fire fighter while carrying a deadly weapon.
14        (10) A fire fighter in attempting or committing a
15    felony.
16        (11) An emergency management worker of any
17    jurisdiction in this State.
18        (12) An emergency management worker of any
19    jurisdiction in this State in attempting or committing a
20    felony. For the purposes of this subsection (b), "emergency
21    management worker" has the meaning provided under Section
22    2-6.6 of this Code.
23    (b-5) The trier of fact may infer that a person falsely
24represents himself or herself to be a public officer or a
25public employee or an official or employee of the federal
26government if the person:

 

 

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1        (1) wears or displays without authority any uniform,
2    badge, insignia, or facsimile thereof by which a public
3    officer or public employee or official or employee of the
4    federal government is lawfully distinguished; or
5        (2) falsely expresses by word or action that he or she
6    is a public officer or public employee or official or
7    employee of the federal government and is acting with
8    approval or authority of a public agency or department.
9    (c) Fraudulent advertisement of a corporate name.
10        (1) A company, association, or individual commits
11    fraudulent advertisement of a corporate name if he, she, or
12    it, not being incorporated, puts forth a sign or
13    advertisement and assumes, for the purpose of soliciting
14    business, a corporate name.
15        (2) Nothing contained in this subsection (c) prohibits
16    a corporation, company, association, or person from using a
17    divisional designation or trade name in conjunction with
18    its corporate name or assumed name under Section 4.05 of
19    the Business Corporation Act of 1983 or, if it is a member
20    of a partnership or joint venture, from doing partnership
21    or joint venture business under the partnership or joint
22    venture name. The name under which the joint venture or
23    partnership does business may differ from the names of the
24    members. Business may not be conducted or transacted under
25    that joint venture or partnership name, however, unless all
26    provisions of the Assumed Business Name Act have been

 

 

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1    complied with. Nothing in this subsection (c) permits a
2    foreign corporation to do business in this State without
3    complying with all Illinois laws regulating the doing of
4    business by foreign corporations. No foreign corporation
5    may conduct or transact business in this State as a member
6    of a partnership or joint venture that violates any
7    Illinois law regulating or pertaining to the doing of
8    business by foreign corporations in Illinois.
9        (3) The provisions of this subsection (c) do not apply
10    to limited partnerships formed under the Revised Uniform
11    Limited Partnership Act or under the Uniform Limited
12    Partnership Act (2001).
13    (d) False law enforcement badges.
14        (1) A person commits false law enforcement badges if he
15    or she knowingly produces, sells, or distributes a law
16    enforcement badge without the express written consent of
17    the law enforcement agency represented on the badge or, in
18    case of a reorganized or defunct law enforcement agency,
19    its successor law enforcement agency.
20        (2) It is a defense to false law enforcement badges
21    that the law enforcement badge is used or is intended to be
22    used exclusively: (i) as a memento or in a collection or
23    exhibit; (ii) for decorative purposes; or (iii) for a
24    dramatic presentation, such as a theatrical, film, or
25    television production.
26    (e) False medals.

 

 

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1        (1) A person commits a false personation if he or she
2    knowingly and falsely represents himself or herself to be a
3    recipient of, or wears on his or her person, any of the
4    following medals if that medal was not awarded to that
5    person by the United States Government, irrespective of
6    branch of service: The Congressional Medal of Honor, The
7    Distinguished Service Cross, The Navy Cross, The Air Force
8    Cross, The Silver Star, The Bronze Star, or the Purple
9    Heart.
10        (2) It is a defense to a prosecution under paragraph
11    (e)(1) that the medal is used, or is intended to be used,
12    exclusively:
13            (A) for a dramatic presentation, such as a
14        theatrical, film, or television production, or a
15        historical re-enactment; or
16            (B) for a costume worn, or intended to be worn, by
17        a person under 18 years of age.
18    (f) Sentence.
19        (1) A violation of paragraph (a)(8) is a petty offense
20    subject to a fine of not less than $5 nor more than $100,
21    and the person, firm, copartnership, or corporation
22    commits an additional petty offense for each day he, she,
23    or it continues to commit the violation. A violation of
24    paragraph (c)(1) is a petty offense, and the company,
25    association, or person commits an additional petty offense
26    for each day he, she, or it continues to commit the

 

 

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1    violation. A violation of paragraph (a)(2.1) or subsection
2    (e) is a petty offense for which the offender shall be
3    fined at least $100 and not more than $200.
4        (2) A violation of paragraph (a)(1), (a)(3), or
5    (b)(7.5) is a Class C misdemeanor.
6        (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
7    (b)(2), or (b)(7) or subsection (d) is a Class A
8    misdemeanor. A second or subsequent violation of
9    subsection (d) is a Class 3 felony.
10        (4) A violation of paragraph (a)(4), (a)(5), (a)(6),
11    (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a
12    Class 4 felony.
13        (5) A violation of paragraph (b)(4), (b)(9), or (b)(12)
14    is a Class 3 felony.
15        (6) A violation of paragraph (b)(5) or (b)(10) is a
16    Class 2 felony.
17        (7) A violation of paragraph (b)(6) is a Class 1
18    felony.
19    (g) A violation of subsection (a)(1) through (a)(7) or
20subsection (e) of this Section may be accomplished in person or
21by any means of communication, including but not limited to the
22use of an Internet website or any form of electronic
23communication.
24(Source: P.A. 98-1125, eff. 1-1-15; 99-143, eff. 7-27-15;
2599-561, eff. 7-15-16; revised 9-2-16.)
 

 

 

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1    (720 ILCS 5/24-1.6)
2    Sec. 24-1.6. Aggravated unlawful use of a weapon.
3    (a) A person commits the offense of aggravated unlawful use
4of a weapon when he or she knowingly:
5        (1) Carries on or about his or her person or in any
6    vehicle or concealed on or about his or her person except
7    when on his or her land or in his or her abode, legal
8    dwelling, or fixed place of business, or on the land or in
9    the legal dwelling of another person as an invitee with
10    that person's permission, any pistol, revolver, stun gun or
11    taser or other firearm; or
12        (2) Carries or possesses on or about his or her person,
13    upon any public street, alley, or other public lands within
14    the corporate limits of a city, village or incorporated
15    town, except when an invitee thereon or therein, for the
16    purpose of the display of such weapon or the lawful
17    commerce in weapons, or except when on his or her own land
18    or in his or her own abode, legal dwelling, or fixed place
19    of business, or on the land or in the legal dwelling of
20    another person as an invitee with that person's permission,
21    any pistol, revolver, stun gun or taser or other firearm;
22    and
23        (3) One of the following factors is present:
24            (A) the firearm, other than a pistol, revolver, or
25        handgun, possessed was uncased, loaded, and
26        immediately accessible at the time of the offense; or

 

 

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1            (A-5) the pistol, revolver, or handgun possessed
2        was uncased, loaded, and immediately accessible at the
3        time of the offense and the person possessing the
4        pistol, revolver, or handgun has not been issued a
5        currently valid license under the Firearm Concealed
6        Carry Act; or
7            (B) the firearm, other than a pistol, revolver, or
8        handgun, possessed was uncased, unloaded, and the
9        ammunition for the weapon was immediately accessible
10        at the time of the offense; or
11            (B-5) the pistol, revolver, or handgun possessed
12        was uncased, unloaded, and the ammunition for the
13        weapon was immediately accessible at the time of the
14        offense and the person possessing the pistol,
15        revolver, or handgun has not been issued a currently
16        valid license under the Firearm Concealed Carry Act; or
17            (C) the person possessing the firearm has not been
18        issued a currently valid Firearm Owner's
19        Identification Card; or
20            (D) the person possessing the weapon was
21        previously adjudicated a delinquent minor under the
22        Juvenile Court Act of 1987 for an act that if committed
23        by an adult would be a felony; or
24            (E) the person possessing the weapon was engaged in
25        a misdemeanor violation of the Cannabis Control Act, in
26        a misdemeanor violation of the Illinois Controlled

 

 

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1        Substances Act, or in a misdemeanor violation of the
2        Methamphetamine Control and Community Protection Act;
3        or
4            (F) (blank); or
5            (G) the person possessing the weapon had an a order
6        of protection issued against him or her within the
7        previous 2 years; or
8            (H) the person possessing the weapon was engaged in
9        the commission or attempted commission of a
10        misdemeanor involving the use or threat of violence
11        against the person or property of another; or
12            (I) the person possessing the weapon was under 21
13        years of age and in possession of a handgun, unless the
14        person under 21 is engaged in lawful activities under
15        the Wildlife Code or described in subsection
16        24-2(b)(1), (b)(3), or 24-2(f).
17    (a-5) "Handgun" as used in this Section has the meaning
18given to it in Section 5 of the Firearm Concealed Carry Act.
19    (b) "Stun gun or taser" as used in this Section has the
20same definition given to it in Section 24-1 of this Code.
21    (c) This Section does not apply to or affect the
22transportation or possession of weapons that:
23        (i) are broken down in a non-functioning state; or
24        (ii) are not immediately accessible; or
25        (iii) are unloaded and enclosed in a case, firearm
26    carrying box, shipping box, or other container by a person

 

 

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1    who has been issued a currently valid Firearm Owner's
2    Identification Card.
3    (d) Sentence.
4         (1) Aggravated unlawful use of a weapon is a Class 4
5    felony; a second or subsequent offense is a Class 2 felony
6    for which the person shall be sentenced to a term of
7    imprisonment of not less than 3 years and not more than 7
8    years.
9        (2) Except as otherwise provided in paragraphs (3) and
10    (4) of this subsection (d), a first offense of aggravated
11    unlawful use of a weapon committed with a firearm by a
12    person 18 years of age or older where the factors listed in
13    both items (A) and (C) or both items (A-5) and (C) of
14    paragraph (3) of subsection (a) are present is a Class 4
15    felony, for which the person shall be sentenced to a term
16    of imprisonment of not less than one year and not more than
17    3 years.
18        (3) Aggravated unlawful use of a weapon by a person who
19    has been previously convicted of a felony in this State or
20    another jurisdiction is a Class 2 felony for which the
21    person shall be sentenced to a term of imprisonment of not
22    less than 3 years and not more than 7 years.
23        (4) Aggravated unlawful use of a weapon while wearing
24    or in possession of body armor as defined in Section 33F-1
25    by a person who has not been issued a valid Firearms
26    Owner's Identification Card in accordance with Section 5 of

 

 

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1    the Firearm Owners Identification Card Act is a Class X
2    felony.
3    (e) The possession of each firearm in violation of this
4Section constitutes a single and separate violation.
5(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
 
6    (720 ILCS 5/24-2)
7    Sec. 24-2. Exemptions.
8    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10the following:
11        (1) Peace officers, and any person summoned by a peace
12    officer to assist in making arrests or preserving the
13    peace, while actually engaged in assisting such officer.
14        (2) Wardens, superintendents and keepers of prisons,
15    penitentiaries, jails and other institutions for the
16    detention of persons accused or convicted of an offense,
17    while in the performance of their official duty, or while
18    commuting between their homes and places of employment.
19        (3) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard or the
21    Reserve Officers Training Corps, while in the performance
22    of their official duty.
23        (4) Special agents employed by a railroad or a public
24    utility to perform police functions, and guards of armored
25    car companies, while actually engaged in the performance of

 

 

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1    the duties of their employment or commuting between their
2    homes and places of employment; and watchmen while actually
3    engaged in the performance of the duties of their
4    employment.
5        (5) Persons licensed as private security contractors,
6    private detectives, or private alarm contractors, or
7    employed by a private security contractor, private
8    detective, or private alarm contractor agency licensed by
9    the Department of Financial and Professional Regulation,
10    if their duties include the carrying of a weapon under the
11    provisions of the Private Detective, Private Alarm,
12    Private Security, Fingerprint Vendor, and Locksmith Act of
13    2004, while actually engaged in the performance of the
14    duties of their employment or commuting between their homes
15    and places of employment. A person shall be considered
16    eligible for this exemption if he or she has completed the
17    required 20 hours of training for a private security
18    contractor, private detective, or private alarm
19    contractor, or employee of a licensed private security
20    contractor, private detective, or private alarm contractor
21    agency and 20 hours of required firearm training, and has
22    been issued a firearm control card by the Department of
23    Financial and Professional Regulation. Conditions for the
24    renewal of firearm control cards issued under the
25    provisions of this Section shall be the same as for those
26    cards issued under the provisions of the Private Detective,

 

 

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1    Private Alarm, Private Security, Fingerprint Vendor, and
2    Locksmith Act of 2004. The firearm control card shall be
3    carried by the private security contractor, private
4    detective, or private alarm contractor, or employee of the
5    licensed private security contractor, private detective,
6    or private alarm contractor agency at all times when he or
7    she is in possession of a concealable weapon permitted by
8    his or her firearm control card.
9        (6) Any person regularly employed in a commercial or
10    industrial operation as a security guard for the protection
11    of persons employed and private property related to such
12    commercial or industrial operation, while actually engaged
13    in the performance of his or her duty or traveling between
14    sites or properties belonging to the employer, and who, as
15    a security guard, is a member of a security force
16    registered with the Department of Financial and
17    Professional Regulation; provided that such security guard
18    has successfully completed a course of study, approved by
19    and supervised by the Department of Financial and
20    Professional Regulation, consisting of not less than 40
21    hours of training that includes the theory of law
22    enforcement, liability for acts, and the handling of
23    weapons. A person shall be considered eligible for this
24    exemption if he or she has completed the required 20 hours
25    of training for a security officer and 20 hours of required
26    firearm training, and has been issued a firearm control

 

 

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1    card by the Department of Financial and Professional
2    Regulation. Conditions for the renewal of firearm control
3    cards issued under the provisions of this Section shall be
4    the same as for those cards issued under the provisions of
5    the Private Detective, Private Alarm, Private Security,
6    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
7    control card shall be carried by the security guard at all
8    times when he or she is in possession of a concealable
9    weapon permitted by his or her firearm control card.
10        (7) Agents and investigators of the Illinois
11    Legislative Investigating Commission authorized by the
12    Commission to carry the weapons specified in subsections
13    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
14    any investigation for the Commission.
15        (8) Persons employed by a financial institution as a
16    security guard for the protection of other employees and
17    property related to such financial institution, while
18    actually engaged in the performance of their duties,
19    commuting between their homes and places of employment, or
20    traveling between sites or properties owned or operated by
21    such financial institution, and who, as a security guard,
22    is a member of a security force registered with the
23    Department; provided that any person so employed has
24    successfully completed a course of study, approved by and
25    supervised by the Department of Financial and Professional
26    Regulation, consisting of not less than 40 hours of

 

 

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1    training which includes theory of law enforcement,
2    liability for acts, and the handling of weapons. A person
3    shall be considered to be eligible for this exemption if he
4    or she has completed the required 20 hours of training for
5    a security officer and 20 hours of required firearm
6    training, and has been issued a firearm control card by the
7    Department of Financial and Professional Regulation.
8    Conditions for renewal of firearm control cards issued
9    under the provisions of this Section shall be the same as
10    for those issued under the provisions of the Private
11    Detective, Private Alarm, Private Security, Fingerprint
12    Vendor, and Locksmith Act of 2004. The firearm control card
13    shall be carried by the security guard at all times when he
14    or she is in possession of a concealable weapon permitted
15    by his or her firearm control card. For purposes of this
16    subsection, "financial institution" means a bank, savings
17    and loan association, credit union or company providing
18    armored car services.
19        (9) Any person employed by an armored car company to
20    drive an armored car, while actually engaged in the
21    performance of his duties.
22        (10) Persons who have been classified as peace officers
23    pursuant to the Peace Officer Fire Investigation Act.
24        (11) Investigators of the Office of the State's
25    Attorneys Appellate Prosecutor authorized by the board of
26    governors of the Office of the State's Attorneys Appellate

 

 

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1    Prosecutor to carry weapons pursuant to Section 7.06 of the
2    State's Attorneys Appellate Prosecutor's Act.
3        (12) Special investigators appointed by a State's
4    Attorney under Section 3-9005 of the Counties Code.
5        (12.5) Probation officers while in the performance of
6    their duties, or while commuting between their homes,
7    places of employment or specific locations that are part of
8    their assigned duties, with the consent of the chief judge
9    of the circuit for which they are employed, if they have
10    received weapons training according to requirements of the
11    Peace Officer and Probation Officer Firearm Training Act.
12        (13) Court Security Officers while in the performance
13    of their official duties, or while commuting between their
14    homes and places of employment, with the consent of the
15    Sheriff.
16        (13.5) A person employed as an armed security guard at
17    a nuclear energy, storage, weapons or development site or
18    facility regulated by the Nuclear Regulatory Commission
19    who has completed the background screening and training
20    mandated by the rules and regulations of the Nuclear
21    Regulatory Commission.
22        (14) Manufacture, transportation, or sale of weapons
23    to persons authorized under subdivisions (1) through
24    (13.5) of this subsection to possess those weapons.
25    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
26to or affect any person carrying a concealed pistol, revolver,

 

 

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1or handgun and the person has been issued a currently valid
2license under the Firearm Concealed Carry Act at the time of
3the commission of the offense.
4    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
524-1.6 do not apply to or affect any of the following:
6        (1) Members of any club or organization organized for
7    the purpose of practicing shooting at targets upon
8    established target ranges, whether public or private, and
9    patrons of such ranges, while such members or patrons are
10    using their firearms on those target ranges.
11        (2) Duly authorized military or civil organizations
12    while parading, with the special permission of the
13    Governor.
14        (3) Hunters, trappers or fishermen with a license or
15    permit while engaged in hunting, trapping or fishing.
16        (4) Transportation of weapons that are broken down in a
17    non-functioning state or are not immediately accessible.
18        (5) Carrying or possessing any pistol, revolver, stun
19    gun or taser or other firearm on the land or in the legal
20    dwelling of another person as an invitee with that person's
21    permission.
22    (c) Subsection 24-1(a)(7) does not apply to or affect any
23of the following:
24        (1) Peace officers while in performance of their
25    official duties.
26        (2) Wardens, superintendents and keepers of prisons,

 

 

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1    penitentiaries, jails and other institutions for the
2    detention of persons accused or convicted of an offense.
3        (3) Members of the Armed Services or Reserve Forces of
4    the United States or the Illinois National Guard, while in
5    the performance of their official duty.
6        (4) Manufacture, transportation, or sale of machine
7    guns to persons authorized under subdivisions (1) through
8    (3) of this subsection to possess machine guns, if the
9    machine guns are broken down in a non-functioning state or
10    are not immediately accessible.
11        (5) Persons licensed under federal law to manufacture
12    any weapon from which 8 or more shots or bullets can be
13    discharged by a single function of the firing device, or
14    ammunition for such weapons, and actually engaged in the
15    business of manufacturing such weapons or ammunition, but
16    only with respect to activities which are within the lawful
17    scope of such business, such as the manufacture,
18    transportation, or testing of such weapons or ammunition.
19    This exemption does not authorize the general private
20    possession of any weapon from which 8 or more shots or
21    bullets can be discharged by a single function of the
22    firing device, but only such possession and activities as
23    are within the lawful scope of a licensed manufacturing
24    business described in this paragraph.
25        During transportation, such weapons shall be broken
26    down in a non-functioning state or not immediately

 

 

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1    accessible.
2        (6) The manufacture, transport, testing, delivery,
3    transfer or sale, and all lawful commercial or experimental
4    activities necessary thereto, of rifles, shotguns, and
5    weapons made from rifles or shotguns, or ammunition for
6    such rifles, shotguns or weapons, where engaged in by a
7    person operating as a contractor or subcontractor pursuant
8    to a contract or subcontract for the development and supply
9    of such rifles, shotguns, weapons or ammunition to the
10    United States government or any branch of the Armed Forces
11    of the United States, when such activities are necessary
12    and incident to fulfilling the terms of such contract.
13        The exemption granted under this subdivision (c)(6)
14    shall also apply to any authorized agent of any such
15    contractor or subcontractor who is operating within the
16    scope of his employment, where such activities involving
17    such weapon, weapons or ammunition are necessary and
18    incident to fulfilling the terms of such contract.
19        (7) A person possessing a rifle with a barrel or
20    barrels less than 16 inches in length if: (A) the person
21    has been issued a Curios and Relics license from the U.S.
22    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
23    the person is an active member of a bona fide, nationally
24    recognized military re-enacting group and the modification
25    is required and necessary to accurately portray the weapon
26    for historical re-enactment purposes; the re-enactor is in

 

 

HB3855 Engrossed- 1292 -LRB100 05985 AMC 16014 b

1    possession of a valid and current re-enacting group
2    membership credential; and the overall length of the weapon
3    as modified is not less than 26 inches.
4    (d) Subsection 24-1(a)(1) does not apply to the purchase,
5possession or carrying of a black-jack or slung-shot by a peace
6officer.
7    (e) Subsection 24-1(a)(8) does not apply to any owner,
8manager or authorized employee of any place specified in that
9subsection nor to any law enforcement officer.
10    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
11Section 24-1.6 do not apply to members of any club or
12organization organized for the purpose of practicing shooting
13at targets upon established target ranges, whether public or
14private, while using their firearms on those target ranges.
15    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
16to:
17        (1) Members of the Armed Services or Reserve Forces of
18    the United States or the Illinois National Guard, while in
19    the performance of their official duty.
20        (2) Bonafide collectors of antique or surplus military
21    ordnance ordinance.
22        (3) Laboratories having a department of forensic
23    ballistics, or specializing in the development of
24    ammunition or explosive ordnance ordinance.
25        (4) Commerce, preparation, assembly or possession of
26    explosive bullets by manufacturers of ammunition licensed

 

 

HB3855 Engrossed- 1293 -LRB100 05985 AMC 16014 b

1    by the federal government, in connection with the supply of
2    those organizations and persons exempted by subdivision
3    (g)(1) of this Section, or like organizations and persons
4    outside this State, or the transportation of explosive
5    bullets to any organization or person exempted in this
6    Section by a common carrier or by a vehicle owned or leased
7    by an exempted manufacturer.
8    (g-5) Subsection 24-1(a)(6) does not apply to or affect
9persons licensed under federal law to manufacture any device or
10attachment of any kind designed, used, or intended for use in
11silencing the report of any firearm, firearms, or ammunition
12for those firearms equipped with those devices, and actually
13engaged in the business of manufacturing those devices,
14firearms, or ammunition, but only with respect to activities
15that are within the lawful scope of that business, such as the
16manufacture, transportation, or testing of those devices,
17firearms, or ammunition. This exemption does not authorize the
18general private possession of any device or attachment of any
19kind designed, used, or intended for use in silencing the
20report of any firearm, but only such possession and activities
21as are within the lawful scope of a licensed manufacturing
22business described in this subsection (g-5). During
23transportation, these devices shall be detached from any weapon
24or not immediately accessible.
25    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2624-1.6 do not apply to or affect any parole agent or parole

 

 

HB3855 Engrossed- 1294 -LRB100 05985 AMC 16014 b

1supervisor who meets the qualifications and conditions
2prescribed in Section 3-14-1.5 of the Unified Code of
3Corrections.
4    (g-7) Subsection 24-1(a)(6) does not apply to a peace
5officer while serving as a member of a tactical response team
6or special operations team. A peace officer may not personally
7own or apply for ownership of a device or attachment of any
8kind designed, used, or intended for use in silencing the
9report of any firearm. These devices shall be owned and
10maintained by lawfully recognized units of government whose
11duties include the investigation of criminal acts.
12    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1324-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
14athlete's possession, transport on official Olympic and
15Paralympic transit systems established for athletes, or use of
16competition firearms sanctioned by the International Olympic
17Committee, the International Paralympic Committee, the
18International Shooting Sport Federation, or USA Shooting in
19connection with such athlete's training for and participation
20in shooting competitions at the 2016 Olympic and Paralympic
21Games and sanctioned test events leading up to the 2016 Olympic
22and Paralympic Games.
23    (h) An information or indictment based upon a violation of
24any subsection of this Article need not negative any exemptions
25contained in this Article. The defendant shall have the burden
26of proving such an exemption.

 

 

HB3855 Engrossed- 1295 -LRB100 05985 AMC 16014 b

1    (i) Nothing in this Article shall prohibit, apply to, or
2affect the transportation, carrying, or possession, of any
3pistol or revolver, stun gun, taser, or other firearm consigned
4to a common carrier operating under license of the State of
5Illinois or the federal government, where such transportation,
6carrying, or possession is incident to the lawful
7transportation in which such common carrier is engaged; and
8nothing in this Article shall prohibit, apply to, or affect the
9transportation, carrying, or possession of any pistol,
10revolver, stun gun, taser, or other firearm, not the subject of
11and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
12this Article, which is unloaded and enclosed in a case, firearm
13carrying box, shipping box, or other container, by the
14possessor of a valid Firearm Owners Identification Card.
15(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,
16eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
 
17    (720 ILCS 5/32-14)
18    Sec. 32-14. Unlawful manipulation of a judicial sale.
19    (a) A person commits the offense of unlawful manipulation
20of a judicial sale when he or she knowingly and by any means
21makes any contract with or engages in any combination or
22conspiracy with any other person who is, or but for a prior
23agreement is, a competitor of such person for the purpose of or
24with the effect of fixing, controlling, limiting, or otherwise
25manipulating (1) the participation of any person in, or (2) the

 

 

HB3855 Engrossed- 1296 -LRB100 05985 AMC 16014 b

1making of bids, at any judicial sale.
2    (b) Penalties. Unlawful manipulation of a judicial sale is
3a Class 3 felony. A mandatory fine shall be imposed for a
4violation, not to exceed $1,000,000 if the violator is a
5corporation, or, if the violator is any other person, $100,000.
6A second or subsequent violation is a Class 2 felony.
7    (c) Injunctive and other relief. The State's Attorney shall
8bring suit in the circuit court to prevent and restrain
9violations of subsection (a). In such a proceeding, the court
10shall determine whether a violation has been committed, and
11shall enter such judgment as it considers necessary to remove
12the effects of any violation which it finds, and to prevent
13such violation from continuing or from being renewed in the
14future. The court, in its discretion, may exercise all powers
15necessary for this purpose, including, but not limited to,
16injunction and divestiture of property.
17    (d) Private right of action. Any person who has been
18injured by a violation of subsection (a) may maintain an action
19in the Circuit Court for damages, or for an injunction, or
20both, against any person who has committed such violation. If,
21in an action for an injunction, the court issues an injunction,
22the plaintiff shall be awarded costs and reasonable attorney's
23fees. In an action for damages, the person injured shall be
24awarded 3 times the amount of actual damages. This State,
25counties, municipalities, townships, and any political
26subdivision organized under the authority of this State, and

 

 

HB3855 Engrossed- 1297 -LRB100 05985 AMC 16014 b

1the United States, are considered a person having standing to
2bring an action under this subsection. Any action for damages
3under this subsection is forever barred unless commenced within
44 years after the cause of action accrued. In any action for
5damages under this subsection, the court may, in its
6discretion, award reasonable fees to the prevailing defendant
7upon a finding that the plaintiff acted in bad faith,
8vexatiously, wantonly, or for oppressive reasons.
9    (e) Exclusion from subsequent judicial sales. Any person
10convicted of a violation of subsection (a) or any similar
11offense of any state or the United States shall be barred for 5
12years from the date of conviction from participating as a
13bidding entity in any judicial sale. No corporation shall be
14barred from participating in a judicial sale as a result of a
15conviction under subsection (a) of any employee or agent of
16such corporation if the employee so convicted is no longer
17employed by the corporation and: (1) it has been finally
18adjudicated not guilty or (2) it demonstrates to the circuit
19court conducting such judicial sale and the court so finds that
20the commission of the offense was neither authorized,
21requested, commanded, nor performed by a director, officer or a
22high managerial agent in behalf of the corporation as provided
23in paragraph (2) of subsection (a) of Section 5-4 of this Code.
24    (f) Definitions. As used in this Section, unless the
25context otherwise requires:
26    "Judicial sale" means any sale of real or personal property

 

 

HB3855 Engrossed- 1298 -LRB100 05985 AMC 16014 b

1in accordance with a court order, including, but not limited
2to, judicial sales conducted pursuant to Section 15-1507 of the
3Code of Civil Procedure, sales ordered to satisfy judgments
4under Article XII of the Code of Civil Procedure, and
5enforcements of delinquent property taxes under Article 21 XXI
6of the Property Tax Code.
7    "Person" means any natural person, or any corporation,
8partnership, or association of persons.
9(Source: P.A. 96-408, eff. 8-13-09; revised 10-5-16.)
 
10    Section 670. The Illinois Controlled Substances Act is
11amended by changing Section 204 as follows:
 
12    (720 ILCS 570/204)  (from Ch. 56 1/2, par. 1204)
13    Sec. 204. (a) The controlled substances listed in this
14Section are included in Schedule I.
15    (b) Unless specifically excepted or unless listed in
16another schedule, any of the following opiates, including their
17isomers, esters, ethers, salts, and salts of isomers, esters,
18and ethers, whenever the existence of such isomers, esters,
19ethers and salts is possible within the specific chemical
20designation:
21        (1) Acetylmethadol;
22        (1.1) Acetyl-alpha-methylfentanyl
23    (N-[1-(1-methyl-2-phenethyl)-
24    4-piperidinyl]-N-phenylacetamide);

 

 

HB3855 Engrossed- 1299 -LRB100 05985 AMC 16014 b

1        (2) Allylprodine;
2        (3) Alphacetylmethadol, except
3    levo-alphacetylmethadol (also known as levo-alpha-
4    acetylmethadol, levomethadyl acetate, or LAAM);
5        (4) Alphameprodine;
6        (5) Alphamethadol;
7        (6) Alpha-methylfentanyl
8    (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
9    propionanilide;  1-(1-methyl-2-phenylethyl)-4-(N-
10    propanilido) piperidine;
11        (6.1) Alpha-methylthiofentanyl
12    (N-[1-methyl-2-(2-thienyl)ethyl-
13    4-piperidinyl]-N-phenylpropanamide);
14        (7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
15        (7.1) PEPAP
16    (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
17        (8) Benzethidine;
18        (9) Betacetylmethadol;
19        (9.1) Beta-hydroxyfentanyl
20    (N-[1-(2-hydroxy-2-phenethyl)-
21    4-piperidinyl]-N-phenylpropanamide);
22        (10) Betameprodine;
23        (11) Betamethadol;
24        (12) Betaprodine;
25        (13) Clonitazene;
26        (14) Dextromoramide;

 

 

HB3855 Engrossed- 1300 -LRB100 05985 AMC 16014 b

1        (15) Diampromide;
2        (16) Diethylthiambutene;
3        (17) Difenoxin;
4        (18) Dimenoxadol;
5        (19) Dimepheptanol;
6        (20) Dimethylthiambutene;
7        (21) Dioxaphetylbutyrate;
8        (22) Dipipanone;
9        (23) Ethylmethylthiambutene;
10        (24) Etonitazene;
11        (25) Etoxeridine;
12        (26) Furethidine;
13        (27) Hydroxpethidine;
14        (28) Ketobemidone;
15        (29) Levomoramide;
16        (30) Levophenacylmorphan;
17        (31) 3-Methylfentanyl
18    (N-[3-methyl-1-(2-phenylethyl)-
19    4-piperidyl]-N-phenylpropanamide);
20        (31.1) 3-Methylthiofentanyl
21    (N-[(3-methyl-1-(2-thienyl)ethyl-
22    4-piperidinyl]-N-phenylpropanamide);
23        (32) Morpheridine;
24        (33) Noracymethadol;
25        (34) Norlevorphanol;
26        (35) Normethadone;

 

 

HB3855 Engrossed- 1301 -LRB100 05985 AMC 16014 b

1        (36) Norpipanone;
2        (36.1) Para-fluorofentanyl
3    (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
4    4-piperidinyl]propanamide);
5        (37) Phenadoxone;
6        (38) Phenampromide;
7        (39) Phenomorphan;
8        (40) Phenoperidine;
9        (41) Piritramide;
10        (42) Proheptazine;
11        (43) Properidine;
12        (44) Propiram;
13        (45) Racemoramide;
14        (45.1) Thiofentanyl
15    (N-phenyl-N-[1-(2-thienyl)ethyl-
16    4-piperidinyl]-propanamide);
17        (46) Tilidine;
18        (47) Trimeperidine;
19        (48) Beta-hydroxy-3-methylfentanyl (other name:
20    N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
21    N-phenylpropanamide).
22    (c) Unless specifically excepted or unless listed in
23another schedule, any of the following opium derivatives, its
24salts, isomers and salts of isomers, whenever the existence of
25such salts, isomers and salts of isomers is possible within the
26specific chemical designation:

 

 

HB3855 Engrossed- 1302 -LRB100 05985 AMC 16014 b

1        (1) Acetorphine;
2        (2) Acetyldihydrocodeine;
3        (3) Benzylmorphine;
4        (4) Codeine methylbromide;
5        (5) Codeine-N-Oxide;
6        (6) Cyprenorphine;
7        (7) Desomorphine;
8        (8) Diacetyldihydromorphine (Dihydroheroin);
9        (9) Dihydromorphine;
10        (10) Drotebanol;
11        (11) Etorphine (except hydrochloride salt);
12        (12) Heroin;
13        (13) Hydromorphinol;
14        (14) Methyldesorphine;
15        (15) Methyldihydromorphine;
16        (16) Morphine methylbromide;
17        (17) Morphine methylsulfonate;
18        (18) Morphine-N-Oxide;
19        (19) Myrophine;
20        (20) Nicocodeine;
21        (21) Nicomorphine;
22        (22) Normorphine;
23        (23) Pholcodine;
24        (24) Thebacon.
25    (d) Unless specifically excepted or unless listed in
26another schedule, any material, compound, mixture, or

 

 

HB3855 Engrossed- 1303 -LRB100 05985 AMC 16014 b

1preparation which contains any quantity of the following
2hallucinogenic substances, or which contains any of its salts,
3isomers and salts of isomers, whenever the existence of such
4salts, isomers, and salts of isomers is possible within the
5specific chemical designation (for the purposes of this
6paragraph only, the term "isomer" includes the optical,
7position and geometric isomers):
8        (1) 3,4-methylenedioxyamphetamine
9    (alpha-methyl,3,4-methylenedioxyphenethylamine,
10    methylenedioxyamphetamine, MDA);
11        (1.1) Alpha-ethyltryptamine
12    (some trade or other names: etryptamine;
13    MONASE; alpha-ethyl-1H-indole-3-ethanamine;
14    3-(2-aminobutyl)indole; a-ET; and AET);
15        (2) 3,4-methylenedioxymethamphetamine (MDMA);
16        (2.1) 3,4-methylenedioxy-N-ethylamphetamine
17    (also known as: N-ethyl-alpha-methyl-
18    3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
19    and MDEA);
20        (2.2) N-Benzylpiperazine (BZP);
21        (2.2-1) Trifluoromethylphenylpiperazine (TFMPP);
22        (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
23        (4) 3,4,5-trimethoxyamphetamine (TMA);
24        (5) (Blank);
25        (6) Diethyltryptamine (DET);
26        (7) Dimethyltryptamine (DMT);

 

 

HB3855 Engrossed- 1304 -LRB100 05985 AMC 16014 b

1        (7.1) 5-Methoxy-diallyltryptamine;
2        (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
3        (9) Ibogaine  (some trade and other names:
4    7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
5    6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
6    indole; Tabernanthe iboga);
7        (10) Lysergic acid diethylamide;
8        (10.1) Salvinorin A;
9        (10.5) Salvia divinorum (meaning all parts of the plant
10    presently classified botanically as Salvia divinorum,
11    whether growing or not, the seeds thereof, any extract from
12    any part of that plant, and every compound, manufacture,
13    salts, isomers, and salts of isomers whenever the existence
14    of such salts, isomers, and salts of isomers is possible
15    within the specific chemical designation, derivative,
16    mixture, or preparation of that plant, its seeds or
17    extracts);
18        (11) 3,4,5-trimethoxyphenethylamine (Mescaline);
19        (12) Peyote (meaning all parts of the plant presently
20    classified botanically as Lophophora williamsii Lemaire,
21    whether growing or not, the seeds thereof, any extract from
22    any part of that plant, and every compound, manufacture,
23    salts, derivative, mixture, or preparation of that plant,
24    its seeds or extracts);
25        (13) N-ethyl-3-piperidyl benzilate (JB 318);
26        (14) N-methyl-3-piperidyl benzilate;

 

 

HB3855 Engrossed- 1305 -LRB100 05985 AMC 16014 b

1        (14.1) N-hydroxy-3,4-methylenedioxyamphetamine
2    (also known as N-hydroxy-alpha-methyl-
3    3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
4        (15) Parahexyl; some trade or other names:
5    3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
6    dibenzo (b,d) pyran; Synhexyl;
7        (16) Psilocybin;
8        (17) Psilocyn;
9        (18) Alpha-methyltryptamine (AMT);
10        (19) 2,5-dimethoxyamphetamine
11    (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
12        (20) 4-bromo-2,5-dimethoxyamphetamine
13    (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
14    4-bromo-2,5-DMA);
15        (20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
16    Some trade or other names: 2-(4-bromo-
17    2,5-dimethoxyphenyl)-1-aminoethane;
18    alpha-desmethyl DOB, 2CB, Nexus;
19        (21) 4-methoxyamphetamine
20    (4-methoxy-alpha-methylphenethylamine;
21    paramethoxyamphetamine; PMA);
22        (22) (Blank);
23        (23) Ethylamine analog of phencyclidine.
24    Some trade or other names:
25    N-ethyl-1-phenylcyclohexylamine,
26    (1-phenylcyclohexyl) ethylamine,

 

 

HB3855 Engrossed- 1306 -LRB100 05985 AMC 16014 b

1    N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
2        (24) Pyrrolidine analog of phencyclidine. Some trade
3    or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,
4    PHP;
5        (25) 5-methoxy-3,4-methylenedioxy-amphetamine;
6        (26) 2,5-dimethoxy-4-ethylamphetamine
7    (another name: DOET);
8        (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
9    (another name: TCPy);
10        (28) (Blank);
11        (29) Thiophene analog of phencyclidine (some trade
12    or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
13    2-thienyl analog of phencyclidine; TPCP; TCP);
14        (30) Bufotenine (some trade or other names:
15    3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
16    3-(2-dimethylaminoethyl)-5-indolol;
17    5-hydroxy-N,N-dimethyltryptamine;
18    N,N-dimethylserotonin; mappine);
19        (31)  1-Pentyl-3-(1-naphthoyl)indole 
20    Some trade or other names: JWH-018; 
21        (32) 1-Butyl-3-(1-naphthoyl)indole 
22    Some trade or other names: JWH-073;  
23        (33) 1-[(5-fluoropentyl)-1H-indol-3-yl]- 
24    (2-iodophenyl)methanone 
25    Some trade or other names: AM-694;
26        (34) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-

 

 

HB3855 Engrossed- 1307 -LRB100 05985 AMC 16014 b

1    (2-methyloctan-2-yl)phenol 
2    Some trade or other names: CP 47,497 
3    and its C6, C8 and C9 homologs;
4        (34.5)  2-[(1R,3S)-3-hydroxycyclohexyl]-5- 
5    (2-methyloctan-2-yl)phenol), where side chain n=5;  
6    and homologues where side chain n=4, 6, or 7;  Some  
7    trade or other names: CP 47,497; 
8        (35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
9    (2-methyloctan-2-yl)-6a,7, 
10    10,10a-tetrahydrobenzo[c]chromen-1-ol
11    Some trade or other names: HU-210; 
12        (35.5)  (6aS,10aS)-9-(hydroxymethyl)-6,6- 
13    dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- 
14    tetrahydrobenzo[c]chromen-1-ol, its isomers,  
15    salts, and salts of isomers; Some trade or other  
16    names: HU-210, Dexanabinol; 
17        (36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-
18    6,6-dimethyl-3-(2-methyloctan-2-yl)- 
19    6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
20    Some trade or other names: HU-211;
21        (37) (2-methyl-1-propyl-1H-indol-
22    3-yl)-1-naphthalenyl-methanone 
23    Some trade or other names: JWH-015;
24        (38) 4-methoxynaphthalen-1-yl-
25    (1-pentylindol-3-yl)methanone 
26    Some trade or other names: JWH-081;

 

 

HB3855 Engrossed- 1308 -LRB100 05985 AMC 16014 b

1        (39) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole
2    Some trade or other names: JWH-122;
3        (40) 2-(2-methylphenyl)-1-(1-pentyl-
4    1H-indol-3-yl)-ethanone 
5    Some trade or other names: JWH-251;
6        (41) 1-(2-cyclohexylethyl)-3- 
7    (2-methoxyphenylacetyl)indole 
8    Some trade or other names: RCS-8, BTW-8 and SR-18; 
9        (42)  Any compound structurally derived from 
10    3-(1-naphthoyl)indole or 1H-indol-3-yl- 
11    (1-naphthyl)methane by substitution at the 
12    nitrogen atom of the indole ring by alkyl, haloalkyl, 
13    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
14    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, 
15    or 2-(4-morpholinyl)ethyl whether or not further 
16    substituted in the indole ring to any extent, whether 
17    or not substituted in the naphthyl ring to any extent.
18    Examples of this structural class include, but are
19    not limited to, JWH-018, AM-2201, JWH-175, JWH-184,
20    and JWH-185;
21        (43)  Any compound structurally derived from 
22    3-(1-naphthoyl)pyrrole by substitution at the nitrogen 
23    atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, 
24    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl
25    aryl halide, 1-(N-methyl-2-piperidinyl)methyl,
26    or 2-(4-morpholinyl)ethyl, whether or not further 

 

 

HB3855 Engrossed- 1309 -LRB100 05985 AMC 16014 b

1    substituted in the pyrrole ring to any extent, whether 
2    or not substituted in the naphthyl ring to any extent.
3    Examples of this structural class include, but are not
4    limited to, JWH-030, JWH-145, JWH-146, JWH-307, and
5    JWH-368; 
6        (44)  Any compound structurally derived from 
7    1-(1-naphthylmethyl)indene by substitution 
8    at the 3-position of the indene ring by alkyl, haloalkyl, 
9    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl
10    halide, alkyl aryl halide, 1-(N-methyl-
11    2-piperidinyl)methyl, or 2-(4-
12    morpholinyl)ethyl whether or not further substituted in
13    the indene ring to any extent, whether or not substituted
14    in the naphthyl ring to any extent. Examples of
15    this structural class include, but are not
16    limited to, JWH-176; 
17        (45)  Any compound structurally derived from 
18    3-phenylacetylindole by substitution at the 
19    nitrogen atom of the indole ring with alkyl, haloalkyl, 
20    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl
21    halide, alkyl aryl halide, 1-(N-methyl-2-
22    piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
23    whether or not further substituted in the indole ring
24    to any extent, whether or not substituted in the phenyl
25    ring to any extent. Examples of this structural
26    class include, but are not limited to, JWH-167,

 

 

HB3855 Engrossed- 1310 -LRB100 05985 AMC 16014 b

1    JWH-250, JWH-251, and RCS-8; 
2        (46)  Any compound structurally derived from 
3    2-(3-hydroxycyclohexyl)phenol by substitution 
4    at the 5-position of the phenolic ring by alkyl, 
5    haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
6    aryl halide, alkyl aryl halide, 1-(N-methyl-2- 
7    piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
8    whether or not substituted in the cyclohexyl ring to any
9    extent. Examples of this structural class
10    include, but are not limited to, CP 47,
11    497 and its C8 homologue (cannabicyclohexanol); 
12        (46.1) Benzoylindoles: Any compound 
13    containing a 3-(benzoyl) indole structure with 
14    substitution at the nitrogen atom of the 
15    indole ring by an alkyl, haloalkyl, alkenyl, 
16    cycloalkylmethyl, cycloalkylethyl, 
17    1-(N-methyl-2-piperidinyl)methyl, 
18    or 2-(4-morpholinyl)ethyl group 
19    whether or not further substituted 
20    in the indole ring to any extent and 
21    whether or not substituted in the phenyl ring 
22    to any extent. Examples of this structural class 
23    include, but are not limited, to, AM-630, 
24    AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4; 
25        (47)  3,4-Methylenedioxymethcathinone 
26    Some trade or other names: Methylone; 

 

 

HB3855 Engrossed- 1311 -LRB100 05985 AMC 16014 b

1        (48)  3,4-Methyenedioxypyrovalerone 
2    Some trade or other names: MDPV; 
3        (49)  4-Methylmethcathinone 
4    Some trade or other names: Mephedrone; 
5        (50)  4-methoxymethcathinone; 
6        (51)  4-Fluoromethcathinone; 
7        (52)  3-Fluoromethcathinone; 
8        (53)  2,5-Dimethoxy-4-(n)-propylthio- 
9    phenethylamine; 
10        (54)  5-Methoxy-N,N-diisopropyltryptamine; 
11        (55)  Pentedrone;  
12        (56)  4-iodo-2,5-dimethoxy-N-((2-methoxy 
13    phenyl)methyl)-benzeneethanamine 
14    (trade or other name: 25I-NBOMe); 
15        (57)  4-chloro-2,5-dimethoxy-N-[(2-methoxyphenyl) 
16    methyl]-benzeneethanamine (trade or other name: 
17    25C-NBOMe); 
18        (58)  4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl) 
19    methyl]-benzeneethanamine (trade or other name: 
20    25B-NBOMe); 
21        (59)  3-cyclopropoylindole with 
22    substitution at the nitrogen atom of the 
23    indole ring by alkyl, haloalkyl, alkenyl, 
24    cycloalkylmethyl, cycloalkylethyl, aryl 
25    halide, alkyl aryl halide, 
26    1-(N-methyl-2-piperidinyl)methyl, or 

 

 

HB3855 Engrossed- 1312 -LRB100 05985 AMC 16014 b

1    2-(4-morpholinyl)ethyl, whether or not 
2    further substituted on the indole ring 
3    to any extent, whether or not substituted 
4    on the cyclopropyl ring to any extent: 
5    including, but not limited to, XLR11, 
6    UR144, FUB-144; 
7        (60)  3-adamantoylindole with 
8    substitution at the nitrogen atom of the 
9    indole ring by alkyl, haloalkyl, alkenyl, 
10    cycloalkylmethyl, cycloalkylethyl, 
11    aryl halide, alkyl aryl halide, 
12    1-(N-methyl-2-piperidinyl)methyl, or 
13    2-(4-morpholinyl)ethyl, whether or not 
14    further substituted on the indole ring to 
15    any extent, whether or not substituted on 
16    the adamantyl ring to any extent: including, 
17    but not limited to, AB-001; 
18        (61)  N-(adamantyl)-indole-3-carboxamide 
19    with substitution at the nitrogen atom of the 
20    indole ring by alkyl, haloalkyl, alkenyl, 
21    cycloalkylmethyl, cycloalkylethyl, aryl halide, 
22    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, 
23    or 2-(4-morpholinyl)ethyl, whether or not further 
24    substituted on the indole ring to any extent, whether 
25    or not substituted on the adamantyl ring to any 
26    extent: including, but not limited to, 

 

 

HB3855 Engrossed- 1313 -LRB100 05985 AMC 16014 b

1    APICA/2NE-1, STS-135; 
2        (62)  N-(adamantyl)-indazole-3-carboxamide 
3    with substitution at a nitrogen atom of the indazole 
4    ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, 
5    cycloalkylethyl, aryl halide, alkyl aryl halide, 
6    1-(N-methyl-2-piperidinyl)methyl, or 
7    2-(4-morpholinyl)ethyl, whether or not further 
8    substituted on the indazole ring to any extent, 
9    whether or not substituted on the adamantyl 
10    ring to any extent: including, but not limited 
11    to, AKB48, 5F-AKB48; 
12        (63)  1H-indole-3-carboxylic acid 8-quinolinyl 
13    ester with substitution at the nitrogen atom of the 
14    indole ring by alkyl, haloalkyl, alkenyl, 
15    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl 
16    aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 
17    2-(4-morpholinyl)ethyl, whether or not further 
18    substituted on the indole ring to any extent, 
19    whether or not substituted on the quinoline ring 
20    to any extent: including, but not limited to, PB22, 
21    5F-PB22, FUB-PB-22; 
22        (64)  3-(1-naphthoyl)indazole with 
23    substitution at the nitrogen atom of the 
24    indazole ring by alkyl, haloalkyl, 
25    alkenyl, cycloalkylmethyl, cycloalkylethyl, 
26    aryl halide, alkyl aryl halide, 

 

 

HB3855 Engrossed- 1314 -LRB100 05985 AMC 16014 b

1    1-(N-methyl-2-piperidinyl)methyl, or 
2    2-(4-morpholinyl)ethyl, whether or not further 
3    substituted on the indazole ring to any extent, 
4    whether or not substituted on the naphthyl ring 
5    to any extent: including, but not limited to, 
6    THJ-018, THJ-2201; 
7        (65)  2-(1-naphthoyl)benzimidazole with 
8    substitution at the nitrogen atom of the benzimidazole 
9    ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, 
10    cycloalkylethyl, aryl halide, alkyl aryl halide, 
11    1-(N-methyl-2-piperidinyl)methyl, or 
12    2-(4-morpholinyl)ethyl, whether or not further 
13    substituted on the benzimidazole ring to any extent, 
14    whether or not substituted on the naphthyl ring to 
15    any extent: including, but not limited to, FUBIMINA; 
16        (66)  N-(1-amino-3-methyl-1-oxobutan-2-yl) 
17    -1H-indazole-3-carboxamide with substitution on the 
18    nitrogen atom of the indazole ring by alkyl, 
19    haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
20    aryl halide, alkyl aryl halide, 1-(N-methyl-2- 
21    piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, 
22    whether or not further substituted on the indazole 
23    ring to any extent: including, but not limited to, 
24    AB-PINACA, AB-FUBINACA, AB-CHMINACA; 
25        (67)  N-(1-amino-3,3-dimethyl-1-oxobutan- 
26    2-yl)-1H-indazole-3-carboxamide with substitution 

 

 

HB3855 Engrossed- 1315 -LRB100 05985 AMC 16014 b

1    on the nitrogen atom of the indazole ring by alkyl, 
2    haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
3    aryl halide, alkyl aryl halide, 1-(N-methyl-2- 
4    piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether 
5    or not further substituted on the indazole ring to any 
6    extent: including, but not limited to, ADB-PINACA, 
7ADB-FUBINACA; 
8        (68)  N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)- 
9    1H-indole-3-carboxamide with substitution on the nitrogen 
10    atom of the indole ring by alkyl, haloalkyl, alkenyl, 
11    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl 
12    aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 
13    2-(4-morpholinyl)ethyl, whether or not further 
14    substituted on the indole ring to any extent: 
15    including, but not limited to, ADBICA, 5F-ADBICA; 
16        (69)  N-(1-amino-3-methyl-1-oxobutan-2-yl)- 
17    1H-indole-3-carboxamide with substitution on the 
18    nitrogen atom of the indole ring by alkyl, haloalkyl, 
19    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl 
20    halide, alkyl aryl halide, 1-(N-methyl-2- 
21    piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, 
22    whether or not further substituted on the indole 
23    ring to any extent: including, but not limited 
24    to, ABICA, 5F-ABICA; 
25        (70)  Methyl 2-(1H-indazole-3-carboxamido)- 
26    3-methylbutanoate with substitution on the nitrogen 

 

 

HB3855 Engrossed- 1316 -LRB100 05985 AMC 16014 b

1    atom of the indazole ring by alkyl, haloalkyl, 
2    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl 
3    halide, alkyl aryl halide, 1-(N-methyl-2- 
4    piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, 
5    whether or not further substituted on the indazole 
6    ring to any extent: including, but not limited to, AMB, 
75F-AMB. 
8    (e) Unless specifically excepted or unless listed in
9another schedule, any material, compound, mixture, or
10preparation which contains any quantity of the following
11substances having a depressant effect on the central nervous
12system, including its salts, isomers, and salts of isomers
13whenever the existence of such salts, isomers, and salts of
14isomers is possible within the specific chemical designation:
15        (1) mecloqualone;
16        (2) methaqualone; and
17        (3) gamma hydroxybutyric acid.
18    (f) Unless specifically excepted or unless listed in
19another schedule, any material, compound, mixture, or
20preparation which contains any quantity of the following
21substances having a stimulant effect on the central nervous
22system, including its salts, isomers, and salts of isomers:
23        (1) Fenethylline;
24        (2) N-ethylamphetamine;
25        (3) Aminorex (some other names:
26    2-amino-5-phenyl-2-oxazoline; aminoxaphen;

 

 

HB3855 Engrossed- 1317 -LRB100 05985 AMC 16014 b

1    4-5-dihydro-5-phenyl-2-oxazolamine) and its
2    salts, optical isomers, and salts of optical isomers;
3        (4) Methcathinone (some other names:
4    2-methylamino-1-phenylpropan-1-one;
5    Ephedrone; 2-(methylamino)-propiophenone;
6    alpha-(methylamino)propiophenone; N-methylcathinone;
7    methycathinone; Monomethylpropion; UR 1431) and its
8    salts, optical isomers, and salts of optical isomers;
9        (5) Cathinone (some trade or other names:
10    2-aminopropiophenone; alpha-aminopropiophenone;
11    2-amino-1-phenyl-propanone; norephedrone);
12        (6) N,N-dimethylamphetamine (also known as:
13    N,N-alpha-trimethyl-benzeneethanamine;
14    N,N-alpha-trimethylphenethylamine);
15        (7) (+ or -) cis-4-methylaminorex  ((+ or -) cis-
16    4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);
17        (8) 3,4-Methylenedioxypyrovalerone (MDPV).
18    (g) Temporary listing of substances subject to emergency
19scheduling. Any material, compound, mixture, or preparation
20that contains any quantity of the following substances:
21        (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
22    (benzylfentanyl), its optical isomers, isomers, salts,
23    and salts of isomers;
24        (2) N-[1(2-thienyl)
25   methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
26   its optical isomers, salts, and salts of isomers.

 

 

HB3855 Engrossed- 1318 -LRB100 05985 AMC 16014 b

1    (h) Synthetic cathinones. Unless specifically excepted,
2any chemical compound not including bupropion, structurally
3derived from 2-aminopropan-1-one by substitution at the
41-position with either phenyl, naphthyl, or thiophene ring
5systems, whether or not the compound is further modified in one
6or more of the following ways:
7        (1) by substitution in the ring system to 
8    any extent with alkyl, alkylenedioxy, alkoxy, 
9    haloalkyl, hydroxyl, or halide substituents, whether 
10    or not further substituted in the ring system 
11    by one or more other univalent substituents. 
12    Examples of this class include, but are not 
13    limited to, 3,4-Methylenedioxycathinone 
14    (bk-MDA); 
15        (2) by substitution at the 3-position 
16    with an acyclic alkyl substituent. Examples of 
17    this class include, but are not limited to, 
18    2-methylamino-1-phenylbutan-1-one 
19    (buphedrone); or 
20        (3) by substitution at the 2-amino nitrogen 
21    atom with alkyl, dialkyl, benzyl, or methoxybenzyl 
22    groups, or by inclusion of the 2-amino nitrogen atom 
23    in a cyclic structure. Examples of this class include, 
24    but are not limited to, Dimethylcathinone, Ethcathinone, 
25    and a-Pyrrolidinopropiophenone (a-PPP). 
26(Source: P.A. 98-987, eff. 1-1-15; 99-371, eff. 1-1-16; revised

 

 

HB3855 Engrossed- 1319 -LRB100 05985 AMC 16014 b

110-25-16.)
 
2    Section 675. The Prevention of Tobacco Use by Minors and
3Sale and Distribution of Tobacco Products Act is amended by
4changing Sections 1.5 and 2 as follows:
 
5    (720 ILCS 675/1.5)
6    Sec. 1.5. Distribution of alternative nicotine products to
7persons under 18 years of age prohibited.
8    (a) For the purposes of this Section, "alternative nicotine
9product" means a product or device not consisting of or
10containing tobacco that provides for the ingestion into the
11body of nicotine, whether by chewing, smoking, absorbing,
12dissolving, inhaling, snorting, sniffing, or by any other
13means. "Alternative nicotine product" excludes cigarettes,
14smokeless tobacco, or other tobacco products as these terms are
15defined in Section 1 of this Act and any product approved by
16the United States Food and Drug Administration as a non-tobacco
17product for sale as a tobacco cessation product, as a tobacco
18dependence product, or for other medical purposes, and is being
19marketed and sold solely for that approved purpose.
20    (b) A person, either directly or indirectly by an agent or
21employee, or by a vending machine owned by the person or
22located in the person's establishment, may not sell, offer for
23sale, give, or furnish any alternative nicotine product, or any
24cartridge or component of an alternative nicotine product, to a

 

 

HB3855 Engrossed- 1320 -LRB100 05985 AMC 16014 b

1person under 18 years of age.
2    (c) Before selling, offering for sale, giving, or
3furnishing an alternative nicotine product, or any cartridge or
4component of an alternative nicotine product, to another
5person, the person selling, offering for sale, giving, or
6furnishing the alternative nicotine product shall verify that
7the person is at least 18 years of age by:
8        (1) examining from any person that appears to be under
9    27 years of age a government-issued photographic
10    identification that establishes the person is at least 18
11    years of age or
12        (2) for sales made through though the Internet or other
13    remote sales methods, performing an age verification
14    through an independent, third-party age verification
15    service that compares information available from public
16    records to the personal information entered by the person
17    during the ordering process that establishes the person is
18    18 years of age or older.
19    (d) A person under 18 years of age shall not possess an
20alternative nicotine product.
21(Source: P.A. 98-350, eff. 1-1-14; 99-496, eff. 6-1-16; revised
2210-25-16.)
 
23    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
24    Sec. 2. Penalties.
25    (a) Any person who violates subsection (a) or (a-5) of

 

 

HB3855 Engrossed- 1321 -LRB100 05985 AMC 16014 b

1Section 1 or subsection (b) or (c) of Section 1.5 of this Act
2is guilty of a petty offense. For the first offense in a
324-month period, the person shall be fined $200 if his or her
4employer has a training program that facilitates compliance
5with minimum-age tobacco laws. For the second offense in a
624-month period, the person shall be fined $400 if his or her
7employer has a training program that facilitates compliance
8with minimum-age tobacco laws. For the third offense in a
924-month period, the person shall be fined $600 if his or her
10employer has a training program that facilitates compliance
11with minimum-age tobacco laws. For the fourth or subsequent
12offense in a 24-month period, the person shall be fined $800 if
13his or her employer has a training program that facilitates
14compliance with minimum-age tobacco laws. For the purposes of
15this subsection, the 24-month period shall begin with the
16person's first violation of the Act. The penalties in this
17subsection are in addition to any other penalties prescribed
18under the Cigarette Tax Act and the Tobacco Products Tax Act of
191995.
20    (a-5) Any retailer who violates subsection (a) or (a-5) of
21Section 1 or subsection (b) or (c) of Section 1.5 of this Act
22is guilty of a petty offense. For the first offense, the
23retailer shall be fined $200 if it does not have a training
24program that facilitates compliance with minimum-age tobacco
25laws. For the second offense, the retailer shall be fined $400
26if it does not have a training program that facilitates

 

 

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1compliance with minimum-age tobacco laws. For the third
2offense, the retailer shall be fined $600 if it does not have a
3training program that facilitates compliance with minimum-age
4tobacco laws. For the fourth or subsequent offense in a
524-month period, the retailer shall be fined $800 if it does
6not have a training program that facilitates compliance with
7minimum-age tobacco laws. For the purposes of this subsection,
8the 24-month period shall begin with the person's first
9violation of the Act. The penalties in this subsection are in
10addition to any other penalties prescribed under the Cigarette
11Tax Act and the Tobacco Products Tax Act of 1995.
12    (a-6) For the purpose of this Act, a training program that
13facilitates compliance with minimum-age tobacco laws must
14include at least the following elements: (i) it must explain
15that only individuals displaying valid identification
16demonstrating that they are 18 years of age or older shall be
17eligible to purchase cigarettes or tobacco products and (ii) it
18must explain where a clerk can check identification for a date
19of birth. The training may be conducted electronically. Each
20retailer that has a training program shall require each
21employee who completes the training program to sign a form
22attesting that the employee has received and completed tobacco
23training. The form shall be kept in the employee's file and may
24be used to provide proof of training.
25    (b) If a minor violates subsection (a-7) of Section 1 or
26subsection (d) of Section 1.5, he or she is guilty of a petty

 

 

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1offense and the court may impose a sentence of 25 hours of
2community service and a fine of $50 for a first violation. If a
3minor violates subsection (a-6) of Section 1, he or she is
4guilty of a Class A misdemeanor.
5    (c) A second violation by a minor of subsection (a-7) of
6Section 1 or subsection (d) of Section 1.5 that occurs within
712 months after the first violation is punishable by a fine of
8$75 and 50 hours of community service.
9    (d) A third or subsequent violation by a minor of
10subsection (a-7) of Section 1 or subsection (d) of Section 1.5
11that occurs within 12 months after the first violation is
12punishable by a $200 fine and 50 hours of community service.
13    (e) Any second or subsequent violation not within the
1412-month time period after the first violation is punishable as
15provided for a first violation.
16    (f) If a minor is convicted of or placed on supervision for
17a violation of subsection (a-6) or (a-7) of Section 1 or
18subsection (d) of Section 1.5, the court may, in its
19discretion, and upon recommendation by the State's Attorney,
20order that minor and his or her parents or legal guardian to
21attend a smoker's education or youth diversion program if that
22program is available in the jurisdiction where the offender
23resides. Attendance at a smoker's education or youth diversion
24program shall be time-credited against any community service
25time imposed for any first violation of subsection (a-7) of
26Section 1. In addition to any other penalty that the court may

 

 

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1impose for a violation of subsection (a-7) of Section 1 or
2subsection (d) of Section 1.5, the court, upon request by the
3State's Attorney, may in its discretion require the offender to
4remit a fee for his or her attendance at a smoker's education
5or youth diversion program.
6    (g) For purposes of this Section, "smoker's education
7program" or "youth diversion program" includes, but is not
8limited to, a seminar designed to educate a person on the
9physical and psychological effects of smoking tobacco products
10and alternative nicotine products and the health consequences
11of smoking tobacco products and alternative nicotine products
12that can be conducted with a locality's youth diversion
13program.
14    (h) All moneys collected as fines for violations of
15subsection (a), (a-5), (a-6), or (a-7) of Section 1 and
16subsection (b), (c), or (d) of Section 1.5 shall be distributed
17in the following manner:
18        (1) one-half of each fine shall be distributed to the
19    unit of local government or other entity that successfully
20    prosecuted the offender; and
21        (2) one-half shall be remitted to the State to be used
22    for enforcing this Act.
23    Any violation of subsection (a) or (a-5) of Section 1 or
24subsection (b) or (c) of Section 1.5 shall be reported to the
25Department of Revenue within 7 business days.
26(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16;

 

 

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199-192, eff. 1-1-16; 99-496, eff. 6-1-16; revised 9-14-16.)
 
2    Section 680. The Code of Criminal Procedure of 1963 is
3amended by changing Sections 115-9.2 and 115-10 as follows:
 
4    (725 ILCS 5/115-9.2)
5    Sec. 115-9.2. Currency used in undercover investigation.
6    (a) In a prosecution in which United States currency was
7used by a law enforcement officer or agency or by a person
8acting under the direction of a law enforcement officer or
9agency in an undercover investigation of an offense that has
10imprisonment as an available sentence for a violation of the
11offense, the court shall receive, as competent evidence, a
12photograph, photostatic copy, or photocopy of the currency used
13in the undercover investigation, if the photograph,
14photostatic copy, or photocopy:
15        (1) the photograph, photostatic copy, or photocopy
16    will serve the purpose of demonstrating the nature of the
17    currency;
18        (2) the individual serial numbers of the currency are
19    clearly visible or if the amount of currency exceeds $500
20    the individual serial numbers of a sample of 10% of the
21    currency are clearly visible, and any identification marks
22    placed on the currency by law enforcement as part of the
23    investigation are clearly visible;
24        (3) the photograph, photostatic copy, or photocopy

 

 

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1    complies with federal law, rule, or regulation
2    requirements on photographs, photostatic copies, or
3    photocopies of United States currency; and
4        (4) the photograph, photostatic copy, or photocopy is
5    otherwise admissible into evidence under all other rules of
6    law governing the admissibility of photographs,
7    photostatic copies, or photocopies into evidence.
8    (b) The fact that it is impractical to introduce into
9evidence the actual currency for any reason, including its
10size, weight, or unavailability, need not be established for
11the court to find a photograph, photostatic copy, or photocopy
12of that currency to be competent evidence.
13    (c) If a photograph, photostatic copy, or photocopy is
14found to be competent evidence under this Section, it is
15admissible into evidence in place of the currency and to the
16same extent as the currency itself.
17(Source: P.A. 99-685, eff. 1-1-17; revised 10-27-16.)
 
18    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)
19    Sec. 115-10. Certain hearsay exceptions.
20    (a) In a prosecution for a physical or sexual act
21perpetrated upon or against a child under the age of 13, a
22person with an intellectual disability, a person with a
23cognitive impairment, or a person with a developmental
24disability, including, but not limited, to, prosecutions for
25violations of Sections 11-1.20 through 11-1.60 or 12-13 through

 

 

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112-16 of the Criminal Code of 1961 or the Criminal Code of 2012
2and prosecutions for violations of Sections 10-1 (kidnapping),
310-2 (aggravated kidnapping), 10-3 (unlawful restraint),
410-3.1 (aggravated unlawful restraint), 10-4 (forcible
5detention), 10-5 (child abduction), 10-6 (harboring a
6runaway), 10-7 (aiding or abetting child abduction), 11-9
7(public indecency), 11-11 (sexual relations within families),
811-21 (harmful material), 12-1 (assault), 12-2 (aggravated
9assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3
10(aggravated domestic battery), 12-3.05 or 12-4 (aggravated
11battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery
12with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7
13(drug induced infliction of great bodily harm), 12-5 (reckless
14conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling
15organization membership of persons), 12-7.1 (hate crime),
1612-7.3 (stalking), 12-7.4 (aggravated stalking), 12-10 or
1712C-35 (tattooing the body of a minor), 12-11 or 19-6 (home
18invasion), 12-21.5 or 12C-10 (child abandonment), 12-21.6 or
1912C-5 (endangering the life or health of a child) or 12-32
20(ritual mutilation) of the Criminal Code of 1961 or the
21Criminal Code of 2012 or any sex offense as defined in
22subsection (B) of Section 2 of the Sex Offender Registration
23Act, the following evidence shall be admitted as an exception
24to the hearsay rule:
25        (1) testimony by the victim of an out of court
26    statement made by the victim that he or she complained of

 

 

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1    such act to another; and
2        (2) testimony of an out of court statement made by the
3    victim describing any complaint of such act or matter or
4    detail pertaining to any act which is an element of an
5    offense which is the subject of a prosecution for a sexual
6    or physical act against that victim.
7    (b) Such testimony shall only be admitted if:
8        (1) The court finds in a hearing conducted outside the
9    presence of the jury that the time, content, and
10    circumstances of the statement provide sufficient
11    safeguards of reliability; and
12        (2) The child or person with an intellectual
13    disability, a cognitive impairment, or developmental
14    disability either:
15            (A) testifies at the proceeding; or
16            (B) is unavailable as a witness and there is
17        corroborative evidence of the act which is the subject
18        of the statement; and
19        (3) In a case involving an offense perpetrated against
20    a child under the age of 13, the out of court statement was
21    made before the victim attained 13 years of age or within 3
22    months after the commission of the offense, whichever
23    occurs later, but the statement may be admitted regardless
24    of the age of the victim at the time of the proceeding.
25    (c) If a statement is admitted pursuant to this Section,
26the court shall instruct the jury that it is for the jury to

 

 

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1determine the weight and credibility to be given the statement
2and that, in making the determination, it shall consider the
3age and maturity of the child, or the intellectual capabilities
4of the person with an intellectual disability, a cognitive
5impairment, or developmental disability, the nature of the
6statement, the circumstances under which the statement was
7made, and any other relevant factor.
8    (d) The proponent of the statement shall give the adverse
9party reasonable notice of his intention to offer the statement
10and the particulars of the statement.
11    (e) Statements described in paragraphs (1) and (2) of
12subsection (a) shall not be excluded on the basis that they
13were obtained as a result of interviews conducted pursuant to a
14protocol adopted by a Child Advocacy Advisory Board as set
15forth in subsections (c), (d), and (e) of Section 3 of the
16Children's Advocacy Center Act or that an interviewer or
17witness to the interview was or is an employee, agent, or
18investigator of a State's Attorney's office.
19    (f) For the purposes of this Section:
20    "Person with a cognitive impairment" means a person with a
21significant impairment of cognition or memory that represents a
22marked deterioration from a previous level of function.
23Cognitive impairment includes, but is not limited to, dementia,
24amnesia, delirium, or a traumatic brain injury.
25    "Person with a developmental disability" means a person
26with a disability that is attributable to (1) an intellectual

 

 

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1disability, cerebral palsy, epilepsy, or autism, or (2) any
2other condition that results in an impairment similar to that
3caused by an intellectual disability and requires services
4similar to those required by a person with an intellectual
5disability.
6    "Person with an intellectual disability" means a person
7with significantly subaverage general intellectual functioning
8which exists concurrently with an impairment in adaptive
9behavior.
10(Source: P.A. 99-143, eff. 7-27-15; 99-752, eff. 1-1-17;
11revised 10-27-16.)
 
12    Section 685. The Sexual Assault Incident Procedure Act is
13amended by changing Sections 15 and 20 as follows:
 
14    (725 ILCS 203/15)
15    Sec. 15. Sexual assault incident policies.
16    (a) On or before January 1, 2018, every law enforcement
17agency shall develop, adopt, and implement written policies
18regarding procedures for incidents of sexual assault or sexual
19abuse consistent with the guidelines developed under
20subsection (b) of this Section. In developing these policies,
21each law enforcement agency is encouraged to consult with other
22law enforcement agencies, sexual assault advocates, and sexual
23assault nurse examiners with expertise in recognizing and
24handling sexual assault and sexual abuse incidents. These

 

 

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1policies must include mandatory sexual assault and sexual abuse
2response training as required in Section 10.21 10.19 of the
3Illinois Police Training Act and Sections 2605-53 and 2605-98
4of the Department of State Police Law of the Civil
5Administrative Code of Illinois.
6    (b) On or before July 1, 2017, the Office of the Attorney
7General, in consultation with the Illinois Law Enforcement
8Training Standards Board and the Department of State Police,
9shall develop and make available to each law enforcement
10agency, comprehensive guidelines for creation of a law
11enforcement agency policy on evidence-based, trauma-informed,
12victim-centered sexual assault and sexual abuse response and
13investigation.
14    These guidelines shall include, but not be limited to the
15following:
16        (1) dispatcher or call taker response;
17        (2) responding officer duties;
18        (3) duties of officers investigating sexual assaults
19    and sexual abuse;
20        (4) supervisor duties;
21        (5) report writing;
22        (6) reporting methods;
23        (7) victim interviews;
24        (8) evidence collection;
25        (9) sexual assault medical forensic examinations;
26        (10) suspect interviews;

 

 

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1        (11) suspect forensic exams;
2        (12) witness interviews;
3        (13) sexual assault response and resource teams, if
4    applicable;
5        (14) working with victim advocates;
6        (15) working with prosecutors;
7        (16) victims' rights;
8        (17) victim notification; and
9        (18) consideration for specific populations or
10    communities.
11(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)
 
12    (725 ILCS 203/20)
13    Sec. 20. Reports by law enforcement officers.
14    (a) A law enforcement officer shall complete a written
15police report upon receiving the following, regardless of where
16the incident occurred:
17        (1) an allegation by a person that the person has been
18    sexually assaulted or sexually abused regardless of
19    jurisdiction;
20        (2) information from hospital or medical personnel
21    provided under Section 3.2 of the Criminal Identification
22    Act; or
23        (3) information from a witness who personally observed
24    what appeared to be a sexual assault or sexual abuse or
25    attempted sexual assault or sexual abuse.

 

 

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1    (b) The written report shall include the following, if
2known:
3        (1) the victim's name or other identifier;
4        (2) the victim's contact information;
5        (3) time, date, and location of offense;
6        (4) information provided by the victim;
7        (5) the suspect's description and name, if known;
8        (6) names of persons with information relevant to the
9    time before, during, or after the sexual assault or sexual
10    abuse, and their contact information;
11        (7) names of medical professionals who provided a
12    medical forensic examination of the victim and any
13    information they provided about the sexual assault or
14    sexual abuse;
15        (8) whether an Illinois State Police Sexual Assault
16    Evidence Collection Kit was completed, the name and contact
17    information for the hospital, and whether the victim
18    consented to testing of the Evidence Collection Kit by law
19    enforcement;
20        (9) whether a urine or blood sample was collected and
21    whether the victim consented to testing of a toxicology
22    screen by law enforcement;
23        (10) information the victim related to medical
24    professionals during a medical forensic examination which
25    the victim consented to disclosure to law enforcement; and
26        (11) other relevant information.

 

 

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1    (c) If the sexual assault or sexual abuse occurred in
2another jurisdiction, the law enforcement officer taking the
3report must submit the report to the law enforcement agency
4having jurisdiction in person or via fax or email within 24
5hours of receiving information about the sexual assault or
6sexual abuse.
7    (d) Within 24 hours of receiving a report from a law
8enforcement agency in another jurisdiction in accordance with
9subsection (c), the law enforcement agency having jurisdiction
10shall submit a written confirmation to the law enforcement
11agency that wrote the report. The written confirmation shall
12contain the name and identifier of the person and confirming
13receipt of the report and a name and contact phone number that
14will be given to the victim. The written confirmation shall be
15delivered in person or via fax or email.
16    (e) No law enforcement officer shall require a victim of
17sexual assault or sexual abuse to submit to an interview.
18    (f) No law enforcement agency may refuse to complete a
19written report as required by this Section on any ground.
20    (g) All law enforcement agencies shall ensure that all
21officers responding to or investigating a complaint of sexual
22assault or sexual abuse have successfully completed training
23under Section 10.21 10.19 of the Illinois Police Training Act
24and Section 2605-98 of the Department of State Police Law of
25the Civil Administrative Code of Illinois.
26(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)
 

 

 

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1    Section 690. The Unified Code of Corrections is amended by
2changing Sections 3-3-7, 5-6-3.1, 5-8-1.2, 5-8-8, 5-8A-3,
35-8A-5, and 5-8A-7 as follows:
 
4    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
5    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
6Release.
7    (a) The conditions of parole or mandatory supervised
8release shall be such as the Prisoner Review Board deems
9necessary to assist the subject in leading a law-abiding life.
10The conditions of every parole and mandatory supervised release
11are that the subject:
12        (1) not violate any criminal statute of any
13    jurisdiction during the parole or release term;
14        (2) refrain from possessing a firearm or other
15    dangerous weapon;
16        (3) report to an agent of the Department of
17    Corrections;
18        (4) permit the agent to visit him or her at his or her
19    home, employment, or elsewhere to the extent necessary for
20    the agent to discharge his or her duties;
21        (5) attend or reside in a facility established for the
22    instruction or residence of persons on parole or mandatory
23    supervised release;
24        (6) secure permission before visiting or writing a

 

 

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1    committed person in an Illinois Department of Corrections
2    facility;
3        (7) report all arrests to an agent of the Department of
4    Corrections as soon as permitted by the arresting authority
5    but in no event later than 24 hours after release from
6    custody and immediately report service or notification of
7    an order of protection, a civil no contact order, or a
8    stalking no contact order to an agent of the Department of
9    Corrections;
10        (7.5) if convicted of a sex offense as defined in the
11    Sex Offender Management Board Act, the individual shall
12    undergo and successfully complete sex offender treatment
13    conducted in conformance with the standards developed by
14    the Sex Offender Management Board Act by a treatment
15    provider approved by the Board;
16        (7.6) if convicted of a sex offense as defined in the
17    Sex Offender Management Board Act, refrain from residing at
18    the same address or in the same condominium unit or
19    apartment unit or in the same condominium complex or
20    apartment complex with another person he or she knows or
21    reasonably should know is a convicted sex offender or has
22    been placed on supervision for a sex offense; the
23    provisions of this paragraph do not apply to a person
24    convicted of a sex offense who is placed in a Department of
25    Corrections licensed transitional housing facility for sex
26    offenders, or is in any facility operated or licensed by

 

 

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1    the Department of Children and Family Services or by the
2    Department of Human Services, or is in any licensed medical
3    facility;
4        (7.7) if convicted for an offense that would qualify
5    the accused as a sexual predator under the Sex Offender
6    Registration Act on or after January 1, 2007 (the effective
7    date of Public Act 94-988), wear an approved electronic
8    monitoring device as defined in Section 5-8A-2 for the
9    duration of the person's parole, mandatory supervised
10    release term, or extended mandatory supervised release
11    term and if convicted for an offense of criminal sexual
12    assault, aggravated criminal sexual assault, predatory
13    criminal sexual assault of a child, criminal sexual abuse,
14    aggravated criminal sexual abuse, or ritualized abuse of a
15    child committed on or after August 11, 2009 (the effective
16    date of Public Act 96-236) when the victim was under 18
17    years of age at the time of the commission of the offense
18    and the defendant used force or the threat of force in the
19    commission of the offense wear an approved electronic
20    monitoring device as defined in Section 5-8A-2 that has
21    Global Positioning System (GPS) capability for the
22    duration of the person's parole, mandatory supervised
23    release term, or extended mandatory supervised release
24    term;
25        (7.8) if convicted for an offense committed on or after
26    June 1, 2008 (the effective date of Public Act 95-464) that

 

 

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1    would qualify the accused as a child sex offender as
2    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
3    1961 or the Criminal Code of 2012, refrain from
4    communicating with or contacting, by means of the Internet,
5    a person who is not related to the accused and whom the
6    accused reasonably believes to be under 18 years of age;
7    for purposes of this paragraph (7.8), "Internet" has the
8    meaning ascribed to it in Section 16-0.1 of the Criminal
9    Code of 2012; and a person is not related to the accused if
10    the person is not: (i) the spouse, brother, or sister of
11    the accused; (ii) a descendant of the accused; (iii) a
12    first or second cousin of the accused; or (iv) a step-child
13    or adopted child of the accused;
14        (7.9) if convicted under Section 11-6, 11-20.1,
15    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
16    the Criminal Code of 2012, consent to search of computers,
17    PDAs, cellular phones, and other devices under his or her
18    control that are capable of accessing the Internet or
19    storing electronic files, in order to confirm Internet
20    protocol addresses reported in accordance with the Sex
21    Offender Registration Act and compliance with conditions
22    in this Act;
23        (7.10) if convicted for an offense that would qualify
24    the accused as a sex offender or sexual predator under the
25    Sex Offender Registration Act on or after June 1, 2008 (the
26    effective date of Public Act 95-640), not possess

 

 

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1    prescription drugs for erectile dysfunction;
2        (7.11) if convicted for an offense under Section 11-6,
3    11-9.1, 11-14.4 that involves soliciting for a juvenile
4    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
5    of the Criminal Code of 1961 or the Criminal Code of 2012,
6    or any attempt to commit any of these offenses, committed
7    on or after June 1, 2009 (the effective date of Public Act
8    95-983):
9            (i) not access or use a computer or any other
10        device with Internet capability without the prior
11        written approval of the Department;
12            (ii) submit to periodic unannounced examinations
13        of the offender's computer or any other device with
14        Internet capability by the offender's supervising
15        agent, a law enforcement officer, or assigned computer
16        or information technology specialist, including the
17        retrieval and copying of all data from the computer or
18        device and any internal or external peripherals and
19        removal of such information, equipment, or device to
20        conduct a more thorough inspection;
21            (iii) submit to the installation on the offender's
22        computer or device with Internet capability, at the
23        offender's expense, of one or more hardware or software
24        systems to monitor the Internet use; and
25            (iv) submit to any other appropriate restrictions
26        concerning the offender's use of or access to a

 

 

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1        computer or any other device with Internet capability
2        imposed by the Board, the Department or the offender's
3        supervising agent;
4        (7.12) if convicted of a sex offense as defined in the
5    Sex Offender Registration Act committed on or after January
6    1, 2010 (the effective date of Public Act 96-262), refrain
7    from accessing or using a social networking website as
8    defined in Section 17-0.5 of the Criminal Code of 2012;
9        (7.13) if convicted of a sex offense as defined in
10    Section 2 of the Sex Offender Registration Act committed on
11    or after January 1, 2010 (the effective date of Public Act
12    96-362) that requires the person to register as a sex
13    offender under that Act, may not knowingly use any computer
14    scrub software on any computer that the sex offender uses;
15        (8) obtain permission of an agent of the Department of
16    Corrections before leaving the State of Illinois;
17        (9) obtain permission of an agent of the Department of
18    Corrections before changing his or her residence or
19    employment;
20        (10) consent to a search of his or her person,
21    property, or residence under his or her control;
22        (11) refrain from the use or possession of narcotics or
23    other controlled substances in any form, or both, or any
24    paraphernalia related to those substances and submit to a
25    urinalysis test as instructed by a parole agent of the
26    Department of Corrections;

 

 

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1        (12) not frequent places where controlled substances
2    are illegally sold, used, distributed, or administered;
3        (13) not knowingly associate with other persons on
4    parole or mandatory supervised release without prior
5    written permission of his or her parole agent, except when
6    the association involves activities related to community
7    programs, worship services, volunteering, and engaging
8    families, and not associate with persons who are members of
9    an organized gang as that term is defined in the Illinois
10    Streetgang Terrorism Omnibus Prevention Act;
11        (14) provide true and accurate information, as it
12    relates to his or her adjustment in the community while on
13    parole or mandatory supervised release or to his or her
14    conduct while incarcerated, in response to inquiries by his
15    or her parole agent or of the Department of Corrections;
16        (15) follow any specific instructions provided by the
17    parole agent that are consistent with furthering
18    conditions set and approved by the Prisoner Review Board or
19    by law, exclusive of placement on electronic detention, to
20    achieve the goals and objectives of his or her parole or
21    mandatory supervised release or to protect the public.
22    These instructions by the parole agent may be modified at
23    any time, as the agent deems appropriate;
24        (16) if convicted of a sex offense as defined in
25    subsection (a-5) of Section 3-1-2 of this Code, unless the
26    offender is a parent or guardian of the person under 18

 

 

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1    years of age present in the home and no non-familial minors
2    are present, not participate in a holiday event involving
3    children under 18 years of age, such as distributing candy
4    or other items to children on Halloween, wearing a Santa
5    Claus costume on or preceding Christmas, being employed as
6    a department store Santa Claus, or wearing an Easter Bunny
7    costume on or preceding Easter;
8        (17) if convicted of a violation of an order of
9    protection under Section 12-3.4 or Section 12-30 of the
10    Criminal Code of 1961 or the Criminal Code of 2012, be
11    placed under electronic surveillance as provided in
12    Section 5-8A-7 of this Code;
13        (18) comply with the terms and conditions of an order
14    of protection issued pursuant to the Illinois Domestic
15    Violence Act of 1986; an order of protection issued by the
16    court of another state, tribe, or United States territory;
17    a no contact order issued pursuant to the Civil No Contact
18    Order Act; or a no contact order issued pursuant to the
19    Stalking No Contact Order Act; and
20        (19) if convicted of a violation of the Methamphetamine
21    Control and Community Protection Act, the Methamphetamine
22    Precursor Control Act, or a methamphetamine related
23    offense, be:
24            (A) prohibited from purchasing, possessing, or
25        having under his or her control any product containing
26        pseudoephedrine unless prescribed by a physician; and

 

 

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1            (B) prohibited from purchasing, possessing, or
2        having under his or her control any product containing
3        ammonium nitrate.
4    (b) The Board may in addition to other conditions require
5that the subject:
6        (1) work or pursue a course of study or vocational
7    training;
8        (2) undergo medical or psychiatric treatment, or
9    treatment for drug addiction or alcoholism;
10        (3) attend or reside in a facility established for the
11    instruction or residence of persons on probation or parole;
12        (4) support his or her dependents;
13        (5) (blank);
14        (6) (blank);
15        (7) (blank);
16        (7.5) if convicted for an offense committed on or after
17    the effective date of this amendatory Act of the 95th
18    General Assembly that would qualify the accused as a child
19    sex offender as defined in Section 11-9.3 or 11-9.4 of the
20    Criminal Code of 1961 or the Criminal Code of 2012, refrain
21    from communicating with or contacting, by means of the
22    Internet, a person who is related to the accused and whom
23    the accused reasonably believes to be under 18 years of
24    age; for purposes of this paragraph (7.5), "Internet" has
25    the meaning ascribed to it in Section 16-0.1 of the
26    Criminal Code of 2012; and a person is related to the

 

 

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1    accused if the person is: (i) the spouse, brother, or
2    sister of the accused; (ii) a descendant of the accused;
3    (iii) a first or second cousin of the accused; or (iv) a
4    step-child or adopted child of the accused;
5        (7.6) if convicted for an offense committed on or after
6    June 1, 2009 (the effective date of Public Act 95-983) that
7    would qualify as a sex offense as defined in the Sex
8    Offender Registration Act:
9            (i) not access or use a computer or any other
10        device with Internet capability without the prior
11        written approval of the Department;
12            (ii) submit to periodic unannounced examinations
13        of the offender's computer or any other device with
14        Internet capability by the offender's supervising
15        agent, a law enforcement officer, or assigned computer
16        or information technology specialist, including the
17        retrieval and copying of all data from the computer or
18        device and any internal or external peripherals and
19        removal of such information, equipment, or device to
20        conduct a more thorough inspection;
21            (iii) submit to the installation on the offender's
22        computer or device with Internet capability, at the
23        offender's expense, of one or more hardware or software
24        systems to monitor the Internet use; and
25            (iv) submit to any other appropriate restrictions
26        concerning the offender's use of or access to a

 

 

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1        computer or any other device with Internet capability
2        imposed by the Board, the Department or the offender's
3        supervising agent; and
4        (8) in addition, if a minor:
5            (i) reside with his or her parents or in a foster
6        home;
7            (ii) attend school;
8            (iii) attend a non-residential program for youth;
9        or
10            (iv) contribute to his or her own support at home
11        or in a foster home.
12    (b-1) In addition to the conditions set forth in
13subsections (a) and (b), persons required to register as sex
14offenders pursuant to the Sex Offender Registration Act, upon
15release from the custody of the Illinois Department of
16Corrections, may be required by the Board to comply with the
17following specific conditions of release:
18        (1) reside only at a Department approved location;
19        (2) comply with all requirements of the Sex Offender
20    Registration Act;
21        (3) notify third parties of the risks that may be
22    occasioned by his or her criminal record;
23        (4) obtain the approval of an agent of the Department
24    of Corrections prior to accepting employment or pursuing a
25    course of study or vocational training and notify the
26    Department prior to any change in employment, study, or

 

 

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1    training;
2        (5) not be employed or participate in any volunteer
3    activity that involves contact with children, except under
4    circumstances approved in advance and in writing by an
5    agent of the Department of Corrections;
6        (6) be electronically monitored for a minimum of 12
7    months from the date of release as determined by the Board;
8        (7) refrain from entering into a designated geographic
9    area except upon terms approved in advance by an agent of
10    the Department of Corrections. The terms may include
11    consideration of the purpose of the entry, the time of day,
12    and others accompanying the person;
13        (8) refrain from having any contact, including written
14    or oral communications, directly or indirectly, personally
15    or by telephone, letter, or through a third party with
16    certain specified persons including, but not limited to,
17    the victim or the victim's family without the prior written
18    approval of an agent of the Department of Corrections;
19        (9) refrain from all contact, directly or indirectly,
20    personally, by telephone, letter, or through a third party,
21    with minor children without prior identification and
22    approval of an agent of the Department of Corrections;
23        (10) neither possess or have under his or her control
24    any material that is sexually oriented, sexually
25    stimulating, or that shows male or female sex organs or any
26    pictures depicting children under 18 years of age nude or

 

 

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1    any written or audio material describing sexual
2    intercourse or that depicts or alludes to sexual activity,
3    including but not limited to visual, auditory, telephonic,
4    or electronic media, or any matter obtained through access
5    to any computer or material linked to computer access use;
6        (11) not patronize any business providing sexually
7    stimulating or sexually oriented entertainment nor utilize
8    "900" or adult telephone numbers;
9        (12) not reside near, visit, or be in or about parks,
10    schools, day care centers, swimming pools, beaches,
11    theaters, or any other places where minor children
12    congregate without advance approval of an agent of the
13    Department of Corrections and immediately report any
14    incidental contact with minor children to the Department;
15        (13) not possess or have under his or her control
16    certain specified items of contraband related to the
17    incidence of sexually offending as determined by an agent
18    of the Department of Corrections;
19        (14) may be required to provide a written daily log of
20    activities if directed by an agent of the Department of
21    Corrections;
22        (15) comply with all other special conditions that the
23    Department may impose that restrict the person from
24    high-risk situations and limit access to potential
25    victims;
26        (16) take an annual polygraph exam;

 

 

HB3855 Engrossed- 1348 -LRB100 05985 AMC 16014 b

1        (17) maintain a log of his or her travel; or
2        (18) obtain prior approval of his or her parole officer
3    before driving alone in a motor vehicle.
4    (c) The conditions under which the parole or mandatory
5supervised release is to be served shall be communicated to the
6person in writing prior to his or her release, and he or she
7shall sign the same before release. A signed copy of these
8conditions, including a copy of an order of protection where
9one had been issued by the criminal court, shall be retained by
10the person and another copy forwarded to the officer in charge
11of his or her supervision.
12    (d) After a hearing under Section 3-3-9, the Prisoner
13Review Board may modify or enlarge the conditions of parole or
14mandatory supervised release.
15    (e) The Department shall inform all offenders committed to
16the Department of the optional services available to them upon
17release and shall assist inmates in availing themselves of such
18optional services upon their release on a voluntary basis.
19    (f) (Blank).
20(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-698,
21eff. 7-29-16; revised 9-1-16.)
 
22    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
23    Sec. 5-6-3.1. Incidents and conditions of supervision.
24    (a) When a defendant is placed on supervision, the court
25shall enter an order for supervision specifying the period of

 

 

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1such supervision, and shall defer further proceedings in the
2case until the conclusion of the period.
3    (b) The period of supervision shall be reasonable under all
4of the circumstances of the case, but may not be longer than 2
5years, unless the defendant has failed to pay the assessment
6required by Section 10.3 of the Cannabis Control Act, Section
7411.2 of the Illinois Controlled Substances Act, or Section 80
8of the Methamphetamine Control and Community Protection Act, in
9which case the court may extend supervision beyond 2 years.
10Additionally, the court shall order the defendant to perform no
11less than 30 hours of community service and not more than 120
12hours of community service, if community service is available
13in the jurisdiction and is funded and approved by the county
14board where the offense was committed, when the offense (1) was
15related to or in furtherance of the criminal activities of an
16organized gang or was motivated by the defendant's membership
17in or allegiance to an organized gang; or (2) is a violation of
18any Section of Article 24 of the Criminal Code of 1961 or the
19Criminal Code of 2012 where a disposition of supervision is not
20prohibited by Section 5-6-1 of this Code. The community service
21shall include, but not be limited to, the cleanup and repair of
22any damage caused by violation of Section 21-1.3 of the
23Criminal Code of 1961 or the Criminal Code of 2012 and similar
24damages to property located within the municipality or county
25in which the violation occurred. Where possible and reasonable,
26the community service should be performed in the offender's

 

 

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1neighborhood.
2    For the purposes of this Section, "organized gang" has the
3meaning ascribed to it in Section 10 of the Illinois Streetgang
4Terrorism Omnibus Prevention Act.
5    (c) The court may in addition to other reasonable
6conditions relating to the nature of the offense or the
7rehabilitation of the defendant as determined for each
8defendant in the proper discretion of the court require that
9the person:
10        (1) make a report to and appear in person before or
11    participate with the court or such courts, person, or
12    social service agency as directed by the court in the order
13    of supervision;
14        (2) pay a fine and costs;
15        (3) work or pursue a course of study or vocational
16    training;
17        (4) undergo medical, psychological or psychiatric
18    treatment; or treatment for drug addiction or alcoholism;
19        (5) attend or reside in a facility established for the
20    instruction or residence of defendants on probation;
21        (6) support his dependents;
22        (7) refrain from possessing a firearm or other
23    dangerous weapon;
24        (8) and in addition, if a minor:
25            (i) reside with his parents or in a foster home;
26            (ii) attend school;

 

 

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1            (iii) attend a non-residential program for youth;
2            (iv) contribute to his own support at home or in a
3        foster home; or
4            (v) with the consent of the superintendent of the
5        facility, attend an educational program at a facility
6        other than the school in which the offense was
7        committed if he or she is placed on supervision for a
8        crime of violence as defined in Section 2 of the Crime
9        Victims Compensation Act committed in a school, on the
10        real property comprising a school, or within 1,000 feet
11        of the real property comprising a school;
12        (9) make restitution or reparation in an amount not to
13    exceed actual loss or damage to property and pecuniary loss
14    or make restitution under Section 5-5-6 to a domestic
15    violence shelter. The court shall determine the amount and
16    conditions of payment;
17        (10) perform some reasonable public or community
18    service;
19        (11) comply with the terms and conditions of an order
20    of protection issued by the court pursuant to the Illinois
21    Domestic Violence Act of 1986 or an order of protection
22    issued by the court of another state, tribe, or United
23    States territory. If the court has ordered the defendant to
24    make a report and appear in person under paragraph (1) of
25    this subsection, a copy of the order of protection shall be
26    transmitted to the person or agency so designated by the

 

 

HB3855 Engrossed- 1352 -LRB100 05985 AMC 16014 b

1    court;
2        (12) reimburse any "local anti-crime program" as
3    defined in Section 7 of the Anti-Crime Advisory Council Act
4    for any reasonable expenses incurred by the program on the
5    offender's case, not to exceed the maximum amount of the
6    fine authorized for the offense for which the defendant was
7    sentenced;
8        (13) contribute a reasonable sum of money, not to
9    exceed the maximum amount of the fine authorized for the
10    offense for which the defendant was sentenced, (i) to a
11    "local anti-crime program", as defined in Section 7 of the
12    Anti-Crime Advisory Council Act, or (ii) for offenses under
13    the jurisdiction of the Department of Natural Resources, to
14    the fund established by the Department of Natural Resources
15    for the purchase of evidence for investigation purposes and
16    to conduct investigations as outlined in Section 805-105 of
17    the Department of Natural Resources (Conservation) Law;
18        (14) refrain from entering into a designated
19    geographic area except upon such terms as the court finds
20    appropriate. Such terms may include consideration of the
21    purpose of the entry, the time of day, other persons
22    accompanying the defendant, and advance approval by a
23    probation officer;
24        (15) refrain from having any contact, directly or
25    indirectly, with certain specified persons or particular
26    types of person, including but not limited to members of

 

 

HB3855 Engrossed- 1353 -LRB100 05985 AMC 16014 b

1    street gangs and drug users or dealers;
2        (16) refrain from having in his or her body the
3    presence of any illicit drug prohibited by the Cannabis
4    Control Act, the Illinois Controlled Substances Act, or the
5    Methamphetamine Control and Community Protection Act,
6    unless prescribed by a physician, and submit samples of his
7    or her blood or urine or both for tests to determine the
8    presence of any illicit drug;
9        (17) refrain from operating any motor vehicle not
10    equipped with an ignition interlock device as defined in
11    Section 1-129.1 of the Illinois Vehicle Code; under this
12    condition the court may allow a defendant who is not
13    self-employed to operate a vehicle owned by the defendant's
14    employer that is not equipped with an ignition interlock
15    device in the course and scope of the defendant's
16    employment; and
17        (18) if placed on supervision for a sex offense as
18    defined in subsection (a-5) of Section 3-1-2 of this Code,
19    unless the offender is a parent or guardian of the person
20    under 18 years of age present in the home and no
21    non-familial minors are present, not participate in a
22    holiday event involving children under 18 years of age,
23    such as distributing candy or other items to children on
24    Halloween, wearing a Santa Claus costume on or preceding
25    Christmas, being employed as a department store Santa
26    Claus, or wearing an Easter Bunny costume on or preceding

 

 

HB3855 Engrossed- 1354 -LRB100 05985 AMC 16014 b

1    Easter.
2    (c-5) If payment of restitution as ordered has not been
3made, the victim shall file a petition notifying the sentencing
4court, any other person to whom restitution is owed, and the
5State's Attorney of the status of the ordered restitution
6payments unpaid at least 90 days before the supervision
7expiration date. If payment as ordered has not been made, the
8court shall hold a review hearing prior to the expiration date,
9unless the hearing is voluntarily waived by the defendant with
10the knowledge that waiver may result in an extension of the
11supervision period or in a revocation of supervision. If the
12court does not extend supervision, it shall issue a judgment
13for the unpaid restitution and direct the clerk of the circuit
14court to file and enter the judgment in the judgment and lien
15docket, without fee, unless it finds that the victim has
16recovered a judgment against the defendant for the amount
17covered by the restitution order. If the court issues a
18judgment for the unpaid restitution, the court shall send to
19the defendant at his or her last known address written
20notification that a civil judgment has been issued for the
21unpaid restitution.
22    (d) The court shall defer entering any judgment on the
23charges until the conclusion of the supervision.
24    (e) At the conclusion of the period of supervision, if the
25court determines that the defendant has successfully complied
26with all of the conditions of supervision, the court shall

 

 

HB3855 Engrossed- 1355 -LRB100 05985 AMC 16014 b

1discharge the defendant and enter a judgment dismissing the
2charges.
3    (f) Discharge and dismissal upon a successful conclusion of
4a disposition of supervision shall be deemed without
5adjudication of guilt and shall not be termed a conviction for
6purposes of disqualification or disabilities imposed by law
7upon conviction of a crime. Two years after the discharge and
8dismissal under this Section, unless the disposition of
9supervision was for a violation of Sections 3-707, 3-708,
103-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
11similar provision of a local ordinance, or for a violation of
12Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
13or the Criminal Code of 2012, in which case it shall be 5 years
14after discharge and dismissal, a person may have his record of
15arrest sealed or expunged as may be provided by law. However,
16any defendant placed on supervision before January 1, 1980, may
17move for sealing or expungement of his arrest record, as
18provided by law, at any time after discharge and dismissal
19under this Section. A person placed on supervision for a sexual
20offense committed against a minor as defined in clause
21(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
22for a violation of Section 11-501 of the Illinois Vehicle Code
23or a similar provision of a local ordinance shall not have his
24or her record of arrest sealed or expunged.
25    (g) A defendant placed on supervision and who during the
26period of supervision undergoes mandatory drug or alcohol

 

 

HB3855 Engrossed- 1356 -LRB100 05985 AMC 16014 b

1testing, or both, or is assigned to be placed on an approved
2electronic monitoring device, shall be ordered to pay the costs
3incidental to such mandatory drug or alcohol testing, or both,
4and costs incidental to such approved electronic monitoring in
5accordance with the defendant's ability to pay those costs. The
6county board with the concurrence of the Chief Judge of the
7judicial circuit in which the county is located shall establish
8reasonable fees for the cost of maintenance, testing, and
9incidental expenses related to the mandatory drug or alcohol
10testing, or both, and all costs incidental to approved
11electronic monitoring, of all defendants placed on
12supervision. The concurrence of the Chief Judge shall be in the
13form of an administrative order. The fees shall be collected by
14the clerk of the circuit court, except as provided in an
15administrative order of the Chief Judge of the circuit court.
16The clerk of the circuit court shall pay all moneys collected
17from these fees to the county treasurer who shall use the
18moneys collected to defray the costs of drug testing, alcohol
19testing, and electronic monitoring. The county treasurer shall
20deposit the fees collected in the county working cash fund
21under Section 6-27001 or Section 6-29002 of the Counties Code,
22as the case may be.
23    The Chief Judge of the circuit court of the county may by
24administrative order establish a program for electronic
25monitoring of offenders, in which a vendor supplies and
26monitors the operation of the electronic monitoring device, and

 

 

HB3855 Engrossed- 1357 -LRB100 05985 AMC 16014 b

1collects the fees on behalf of the county. The program shall
2include provisions for indigent offenders and the collection of
3unpaid fees. The program shall not unduly burden the offender
4and shall be subject to review by the Chief Judge.
5    The Chief Judge of the circuit court may suspend any
6additional charges or fees for late payment, interest, or
7damage to any device.
8    (h) A disposition of supervision is a final order for the
9purposes of appeal.
10    (i) The court shall impose upon a defendant placed on
11supervision after January 1, 1992 or to community service under
12the supervision of a probation or court services department
13after January 1, 2004, as a condition of supervision or
14supervised community service, a fee of $50 for each month of
15supervision or supervised community service ordered by the
16court, unless after determining the inability of the person
17placed on supervision or supervised community service to pay
18the fee, the court assesses a lesser fee. The court may not
19impose the fee on a minor who is made a ward of the State under
20the Juvenile Court Act of 1987 while the minor is in placement.
21The fee shall be imposed only upon a defendant who is actively
22supervised by the probation and court services department. The
23fee shall be collected by the clerk of the circuit court. The
24clerk of the circuit court shall pay all monies collected from
25this fee to the county treasurer for deposit in the probation
26and court services fund pursuant to Section 15.1 of the

 

 

HB3855 Engrossed- 1358 -LRB100 05985 AMC 16014 b

1Probation and Probation Officers Act.
2    A circuit court may not impose a probation fee in excess of
3$25 per month unless the circuit court has adopted, by
4administrative order issued by the chief judge, a standard
5probation fee guide determining an offender's ability to pay.
6Of the amount collected as a probation fee, not to exceed $5 of
7that fee collected per month may be used to provide services to
8crime victims and their families.
9    The Court may only waive probation fees based on an
10offender's ability to pay. The probation department may
11re-evaluate an offender's ability to pay every 6 months, and,
12with the approval of the Director of Court Services or the
13Chief Probation Officer, adjust the monthly fee amount. An
14offender may elect to pay probation fees due in a lump sum. Any
15offender that has been assigned to the supervision of a
16probation department, or has been transferred either under
17subsection (h) of this Section or under any interstate compact,
18shall be required to pay probation fees to the department
19supervising the offender, based on the offender's ability to
20pay.
21    (j) All fines and costs imposed under this Section for any
22violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
23Code, or a similar provision of a local ordinance, and any
24violation of the Child Passenger Protection Act, or a similar
25provision of a local ordinance, shall be collected and
26disbursed by the circuit clerk as provided under Section 27.5

 

 

HB3855 Engrossed- 1359 -LRB100 05985 AMC 16014 b

1of the Clerks of Courts Act.
2    (k) A defendant at least 17 years of age who is placed on
3supervision for a misdemeanor in a county of 3,000,000 or more
4inhabitants and who has not been previously convicted of a
5misdemeanor or felony may as a condition of his or her
6supervision be required by the court to attend educational
7courses designed to prepare the defendant for a high school
8diploma and to work toward a high school diploma or to work
9toward passing high school equivalency testing or to work
10toward completing a vocational training program approved by the
11court. The defendant placed on supervision must attend a public
12institution of education to obtain the educational or
13vocational training required by this subsection (k). The
14defendant placed on supervision shall be required to pay for
15the cost of the educational courses or high school equivalency
16testing if a fee is charged for those courses or testing. The
17court shall revoke the supervision of a person who wilfully
18fails to comply with this subsection (k). The court shall
19resentence the defendant upon revocation of supervision as
20provided in Section 5-6-4. This subsection (k) does not apply
21to a defendant who has a high school diploma or has
22successfully passed high school equivalency testing. This
23subsection (k) does not apply to a defendant who is determined
24by the court to be a person with a developmental disability or
25otherwise mentally incapable of completing the educational or
26vocational program.

 

 

HB3855 Engrossed- 1360 -LRB100 05985 AMC 16014 b

1    (l) The court shall require a defendant placed on
2supervision for possession of a substance prohibited by the
3Cannabis Control Act, the Illinois Controlled Substances Act,
4or the Methamphetamine Control and Community Protection Act
5after a previous conviction or disposition of supervision for
6possession of a substance prohibited by the Cannabis Control
7Act, the Illinois Controlled Substances Act, or the
8Methamphetamine Control and Community Protection Act or a
9sentence of probation under Section 10 of the Cannabis Control
10Act or Section 410 of the Illinois Controlled Substances Act
11and after a finding by the court that the person is addicted,
12to undergo treatment at a substance abuse program approved by
13the court.
14    (m) The Secretary of State shall require anyone placed on
15court supervision for a violation of Section 3-707 of the
16Illinois Vehicle Code or a similar provision of a local
17ordinance to give proof of his or her financial responsibility
18as defined in Section 7-315 of the Illinois Vehicle Code. The
19proof shall be maintained by the individual in a manner
20satisfactory to the Secretary of State for a minimum period of
213 years after the date the proof is first filed. The proof
22shall be limited to a single action per arrest and may not be
23affected by any post-sentence disposition. The Secretary of
24State shall suspend the driver's license of any person
25determined by the Secretary to be in violation of this
26subsection.

 

 

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1    (n) Any offender placed on supervision for any offense that
2the court or probation department has determined to be sexually
3motivated as defined in the Sex Offender Management Board Act
4shall be required to refrain from any contact, directly or
5indirectly, with any persons specified by the court and shall
6be available for all evaluations and treatment programs
7required by the court or the probation department.
8    (o) An offender placed on supervision for a sex offense as
9defined in the Sex Offender Management Board Act shall refrain
10from residing at the same address or in the same condominium
11unit or apartment unit or in the same condominium complex or
12apartment complex with another person he or she knows or
13reasonably should know is a convicted sex offender or has been
14placed on supervision for a sex offense. The provisions of this
15subsection (o) do not apply to a person convicted of a sex
16offense who is placed in a Department of Corrections licensed
17transitional housing facility for sex offenders.
18    (p) An offender placed on supervision for an offense
19committed on or after June 1, 2008 (the effective date of
20Public Act 95-464) that would qualify the accused as a child
21sex offender as defined in Section 11-9.3 or 11-9.4 of the
22Criminal Code of 1961 or the Criminal Code of 2012 shall
23refrain from communicating with or contacting, by means of the
24Internet, a person who is not related to the accused and whom
25the accused reasonably believes to be under 18 years of age.
26For purposes of this subsection (p), "Internet" has the meaning

 

 

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1ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
2and a person is not related to the accused if the person is
3not: (i) the spouse, brother, or sister of the accused; (ii) a
4descendant of the accused; (iii) a first or second cousin of
5the accused; or (iv) a step-child or adopted child of the
6accused.
7    (q) An offender placed on supervision for an offense
8committed on or after June 1, 2008 (the effective date of
9Public Act 95-464) that would qualify the accused as a child
10sex offender as defined in Section 11-9.3 or 11-9.4 of the
11Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
12ordered by the court, refrain from communicating with or
13contacting, by means of the Internet, a person who is related
14to the accused and whom the accused reasonably believes to be
15under 18 years of age. For purposes of this subsection (q),
16"Internet" has the meaning ascribed to it in Section 16-0.1 of
17the Criminal Code of 2012; and a person is related to the
18accused if the person is: (i) the spouse, brother, or sister of
19the accused; (ii) a descendant of the accused; (iii) a first or
20second cousin of the accused; or (iv) a step-child or adopted
21child of the accused.
22    (r) An offender placed on supervision for an offense under
23Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
24juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
2511-21 of the Criminal Code of 1961 or the Criminal Code of
262012, or any attempt to commit any of these offenses, committed

 

 

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1on or after June 1, 2009 (the effective date of Public Act
295-983) this amendatory Act of the 95th General Assembly shall:
3        (i) not access or use a computer or any other device
4    with Internet capability without the prior written
5    approval of the court, except in connection with the
6    offender's employment or search for employment with the
7    prior approval of the court;
8        (ii) submit to periodic unannounced examinations of
9    the offender's computer or any other device with Internet
10    capability by the offender's probation officer, a law
11    enforcement officer, or assigned computer or information
12    technology specialist, including the retrieval and copying
13    of all data from the computer or device and any internal or
14    external peripherals and removal of such information,
15    equipment, or device to conduct a more thorough inspection;
16        (iii) submit to the installation on the offender's
17    computer or device with Internet capability, at the
18    offender's expense, of one or more hardware or software
19    systems to monitor the Internet use; and
20        (iv) submit to any other appropriate restrictions
21    concerning the offender's use of or access to a computer or
22    any other device with Internet capability imposed by the
23    court.
24    (s) An offender placed on supervision for an offense that
25is a sex offense as defined in Section 2 of the Sex Offender
26Registration Act that is committed on or after January 1, 2010

 

 

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1(the effective date of Public Act 96-362) that requires the
2person to register as a sex offender under that Act, may not
3knowingly use any computer scrub software on any computer that
4the sex offender uses.
5    (t) An offender placed on supervision for a sex offense as
6defined in the Sex Offender Registration Act committed on or
7after January 1, 2010 (the effective date of Public Act 96-262)
8shall refrain from accessing or using a social networking
9website as defined in Section 17-0.5 of the Criminal Code of
102012.
11    (u) Jurisdiction over an offender may be transferred from
12the sentencing court to the court of another circuit with the
13concurrence of both courts. Further transfers or retransfers of
14jurisdiction are also authorized in the same manner. The court
15to which jurisdiction has been transferred shall have the same
16powers as the sentencing court. The probation department within
17the circuit to which jurisdiction has been transferred may
18impose probation fees upon receiving the transferred offender,
19as provided in subsection (i). The probation department from
20the original sentencing court shall retain all probation fees
21collected prior to the transfer.
22(Source: P.A. 98-718, eff. 1-1-15; 98-940, eff. 1-1-15; 99-78,
23eff. 7-20-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
2499-797, eff. 8-12-16; revised 9-1-16.)
 
25    (730 ILCS 5/5-8-1.2)

 

 

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1    Sec. 5-8-1.2. County impact incarceration.
2    (a) Legislative intent. It is the finding of the General
3Assembly that certain non-violent offenders eligible for
4sentences of incarceration may benefit from the rehabilitative
5aspects of a county impact incarceration program. It is the
6intent of the General Assembly that such programs be
7implemented as provided by this Section. This Section shall not
8be construed to allow violent offenders to participate in a
9county impact incarceration program.
10    (b) Under the direction of the Sheriff and with the
11approval of the County Board of Commissioners, the Sheriff, in
12any county with more than 3,000,000 inhabitants, may establish
13and operate a county impact incarceration program for eligible
14offenders. If the court finds under Section 5-4-1 that an
15offender convicted of a felony meets the eligibility
16requirements of the Sheriff's county impact incarceration
17program, the court may sentence the offender to the county
18impact incarceration program. The Sheriff shall be responsible
19for monitoring all offenders who are sentenced to the county
20impact incarceration program, including the mandatory period
21of monitored release following the 120 to 180 days of impact
22incarceration. Offenders assigned to the county impact
23incarceration program under an intergovernmental agreement
24between the county and the Illinois Department of Corrections
25are exempt from the provisions of this mandatory period of
26monitored release. In the event the offender is not accepted

 

 

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1for placement in the county impact incarceration program, the
2court shall proceed to sentence the offender to any other
3disposition authorized by this Code. If the offender does not
4successfully complete the program, the offender's failure to do
5so shall constitute a violation of the sentence to the county
6impact incarceration program.
7    (c) In order to be eligible to be sentenced to a county
8impact incarceration program by the court, the person shall
9meet all of the following requirements:
10        (1) The the person must be not less than 17 years of
11    age nor more than 35 years of age. ;
12        (2) The person has not previously participated in the
13    impact incarceration program and has not previously served
14    more than one prior sentence of imprisonment for a felony
15    in an adult correctional facility. ;
16        (3) The person has not been convicted of a Class X
17    felony, first or second degree murder, armed violence,
18    aggravated kidnapping, criminal sexual assault, aggravated
19    criminal sexual abuse or a subsequent conviction for
20    criminal sexual abuse, forcible detention, or arson and has
21    not been convicted previously of any of those offenses.
22        (4) The person has been found in violation of probation
23    for an offense that is a Class 2, 3, or 4 felony that is not
24    a forcible felony as defined in Section 2-8 of the Criminal
25    Code of 2012 or a violent crime as defined in subsection
26    (c) of Section 3 of the Rights of Crime Victims and

 

 

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1    Witnesses Act who otherwise could be sentenced to a term of
2    incarceration; or the person is convicted of an offense
3    that is a Class 2, 3, or 4 felony that is not a forcible
4    felony as defined in Section 2-8 of the Criminal Code of
5    2012 or a violent crime as defined in subsection (c) of
6    Section 3 of the Rights of Crime Victims and Witnesses Act
7    who has previously served a sentence of probation for any
8    felony offense and who otherwise could be sentenced to a
9    term of incarceration.
10        (5) The person must be physically able to participate
11    in strenuous physical activities or labor.
12        (6) The person must not have any mental disorder or
13    disability that would prevent participation in a county
14    impact incarceration program.
15        (7) The person was recommended and approved for
16    placement in the county impact incarceration program by the
17    Sheriff and consented in writing to participation in the
18    county impact incarceration program and to the terms and
19    conditions of the program. The Sheriff may consider, among
20    other matters, whether the person has any outstanding
21    detainers or warrants, whether the person has a history of
22    escaping or absconding, whether participation in the
23    county impact incarceration program may pose a risk to the
24    safety or security of any person and whether space is
25    available.
26    (c-5) (c) The county impact incarceration program shall

 

 

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1include, among other matters, mandatory physical training and
2labor, military formation and drills, regimented activities,
3uniformity of dress and appearance, education and counseling,
4including drug counseling where appropriate.
5    (d) Privileges including visitation, commissary, receipt
6and retention of property and publications and access to
7television, radio, and a library may be suspended or
8restricted, notwithstanding provisions to the contrary in this
9Code.
10    (e) The Sheriff shall issue written rules and requirements
11for the program. Persons shall be informed of rules of behavior
12and conduct. Persons participating in the county impact
13incarceration program shall adhere to all rules and all
14requirements of the program.
15    (f) Participation in the county impact incarceration
16program shall be for a period of 120 to 180 days followed by a
17mandatory term of monitored release for at least 8 months and
18no more than 12 months supervised by the Sheriff. The period of
19time a person shall serve in the impact incarceration program
20shall not be reduced by the accumulation of good time. The
21court may also sentence the person to a period of probation to
22commence at the successful completion of the county impact
23incarceration program.
24    (g) If the person successfully completes the county impact
25incarceration program, the Sheriff shall certify the person's
26successful completion of the program to the court and to the

 

 

HB3855 Engrossed- 1369 -LRB100 05985 AMC 16014 b

1county's State's Attorney. Upon successful completion of the
2county impact incarceration program and mandatory term of
3monitored release and if there is an additional period of
4probation given, the person shall at that time begin his or her
5probationary sentence under the supervision of the Adult
6Probation Department.
7    (h) A person may be removed from the county impact
8incarceration program for a violation of the terms or
9conditions of the program or in the event he or she is for any
10reason unable to participate. The failure to complete the
11program for any reason, including the 8 to 12 month monitored
12release period, shall be deemed a violation of the county
13impact incarceration sentence. The Sheriff shall give notice to
14the State's Attorney of the person's failure to complete the
15program. The Sheriff shall file a petition for violation of the
16county impact incarceration sentence with the court and the
17State's Attorney may proceed on the petition under Section
185-6-4 of this Code. The Sheriff shall promulgate rules and
19regulations governing conduct which could result in removal
20from the program or in a determination that the person has not
21successfully completed the program.
22    The mandatory conditions of every county impact
23incarceration sentence shall include that the person either
24while in the program or during the period of monitored release:
25        (1) not violate any criminal statute of any
26    jurisdiction;

 

 

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1        (2) report or appear in person before any such person
2    or agency as directed by the court or the Sheriff;
3        (3) refrain from possessing a firearm or other
4    dangerous weapon;
5        (4) not leave the State without the consent of the
6    court or, in circumstances in which the reason for the
7    absence is of such an emergency nature that prior consent
8    by the court is not possible, without the prior
9    notification and approval of the Sheriff; and
10        (5) permit representatives of the Sheriff to visit at
11    the person's home or elsewhere to the extent necessary for
12    the Sheriff to monitor compliance with the program. Persons
13    shall have access to such rules, which shall provide that a
14    person shall receive notice of any such violation.
15    (i) The Sheriff may terminate the county impact
16incarceration program at any time.
17    (j) The Sheriff shall report to the county board on or
18before September 30th of each year on the county impact
19incarceration program, including the composition of the
20program by the offenders, by county of commitment, sentence,
21age, offense, and race.
22(Source: P.A. 97-1150, eff. 1-25-13; revised 10-5-16.)
 
23    (730 ILCS 5/5-8-8)
24    (Section scheduled to be repealed on December 31, 2020)
25    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.

 

 

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1    (a) Creation. There is created under the jurisdiction of
2the Governor the Illinois Sentencing Policy Advisory Council,
3hereinafter referred to as the Council.
4    (b) Purposes and goals. The purpose of the Council is to
5review sentencing policies and practices and examine how these
6policies and practices impact the criminal justice system as a
7whole in the State of Illinois. In carrying out its duties, the
8Council shall be mindful of and aim to achieve the purposes of
9sentencing in Illinois, which are set out in Section 1-1-2 of
10this Code:
11        (1) prescribe sanctions proportionate to the
12    seriousness of the offenses and permit the recognition of
13    differences in rehabilitation possibilities among
14    individual offenders;
15        (2) forbid and prevent the commission of offenses;
16        (3) prevent arbitrary or oppressive treatment of
17    persons adjudicated offenders or delinquents; and
18        (4) restore offenders to useful citizenship.
19    (c) Council composition.
20        (1) The Council shall consist of the following members:
21            (A) the President of the Senate, or his or her
22        designee;
23            (B) the Minority Leader of the Senate, or his or
24        her designee;
25            (C) the Speaker of the House, or his or her
26        designee;

 

 

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1            (D) the Minority Leader of the House, or his or her
2        designee;
3            (E) the Governor, or his or her designee;
4            (F) the Attorney General, or his or her designee;
5            (G) two retired judges, who may have been circuit,
6        appellate, or supreme court judges; retired judges
7        shall be selected by the members of the Council
8        designated in clauses (c)(1)(A) through (L);
9            (G-5) (blank);
10            (H) the Cook County State's Attorney, or his or her
11        designee;
12            (I) the Cook County Public Defender, or his or her
13        designee;
14            (J) a State's Attorney not from Cook County,
15        appointed by the State's Attorney's Appellate
16        Prosecutor;
17            (K) the State Appellate Defender, or his or her
18        designee;
19            (L) the Director of the Administrative Office of
20        the Illinois Courts, or his or her designee;
21            (M) a victim of a violent felony or a
22        representative of a crime victims' organization,
23        selected by the members of the Council designated in
24        clauses (c)(1)(A) through (L);
25            (N) a representative of a community-based
26        organization, selected by the members of the Council

 

 

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1        designated in clauses (c)(1)(A) through (L);
2            (O) a criminal justice academic researcher, to be
3        selected by the members of the Council designated in
4        clauses (c)(1)(A) through (L);
5            (P) a representative of law enforcement from a unit
6        of local government to be selected by the members of
7        the Council designated in clauses (c)(1)(A) through
8        (L);
9            (Q) a sheriff selected by the members of the
10        Council designated in clauses (c)(1)(A) through (L);
11        and
12            (R) ex-officio members shall include:
13                (i) the Director of Corrections, or his or her
14            designee;
15                (ii) the Chair of the Prisoner Review Board, or
16            his or her designee;
17                (iii) the Director of the Illinois State
18            Police, or his or her designee; and
19                (iv) the Director of the Illinois Criminal
20            Justice Information Authority, or his or her
21            designee.
22        (1.5) The Chair and Vice Chair shall be elected from
23    among its members by a majority of the members of the
24    Council.
25        (2) Members of the Council who serve because of their
26    public office or position, or those who are designated as

 

 

HB3855 Engrossed- 1374 -LRB100 05985 AMC 16014 b

1    members by such officials, shall serve only as long as they
2    hold such office or position.
3        (3) Council members shall serve without compensation
4    but shall be reimbursed for travel and per diem expenses
5    incurred in their work for the Council.
6        (4) The Council may exercise any power, perform any
7    function, take any action, or do anything in furtherance of
8    its purposes and goals upon the appointment of a quorum of
9    its members. The term of office of each member of the
10    Council ends on the date of repeal of this amendatory Act
11    of the 96th General Assembly.
12    (d) Duties. The Council shall perform, as resources permit,
13duties including:
14        (1) Collect and analyze information including
15    sentencing data, crime trends, and existing correctional
16    resources to support legislative and executive action
17    affecting the use of correctional resources on the State
18    and local levels.
19        (2) Prepare criminal justice population projections
20    annually, including correctional and community-based
21    supervision populations.
22        (3) Analyze data relevant to proposed sentencing
23    legislation and its effect on current policies or
24    practices, and provide information to support
25    evidence-based sentencing.
26        (4) Ensure that adequate resources and facilities are

 

 

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1    available for carrying out sentences imposed on offenders
2    and that rational priorities are established for the use of
3    those resources. To do so, the Council shall prepare
4    criminal justice resource statements, identifying the
5    fiscal and practical effects of proposed criminal
6    sentencing legislation, including, but not limited to, the
7    correctional population, court processes, and county or
8    local government resources.
9        (5) Perform such other studies or tasks pertaining to
10    sentencing policies as may be requested by the Governor or
11    the Illinois General Assembly.
12        (6) Perform such other functions as may be required by
13    law or as are necessary to carry out the purposes and goals
14    of the Council prescribed in subsection (b).
15        (7) Publish a report on the trends in sentencing for
16    offenders described in subsection (b-1) of Section 5-4-1 of
17    this Code, the impact of the trends on the prison and
18    probation populations, and any changes in the racial
19    composition of the prison and probation populations that
20    can be attributed to the changes made by adding subsection
21    (b-1) of Section 5-4-1 to this Code by Public Act 99-861
22    this amendatory Act of the 99th General Assembly.
23    (e) Authority.
24        (1) The Council shall have the power to perform the
25    functions necessary to carry out its duties, purposes and
26    goals under this Act. In so doing, the Council shall

 

 

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1    utilize information and analysis developed by the Illinois
2    Criminal Justice Information Authority, the Administrative
3    Office of the Illinois Courts, and the Illinois Department
4    of Corrections.
5        (2) Upon request from the Council, each executive
6    agency and department of State and local government shall
7    provide information and records to the Council in the
8    execution of its duties.
9    (f) Report. The Council shall report in writing annually to
10the General Assembly, the Illinois Supreme Court, and the
11Governor.
12    (g) This Section is repealed on December 31, 2020.
13(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;
1499-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
 
15    (730 ILCS 5/5-8A-3)  (from Ch. 38, par. 1005-8A-3)
16    Sec. 5-8A-3. Application.
17    (a) Except as provided in subsection (d), a person charged
18with or convicted of an excluded offense may not be placed in
19an electronic monitoring or home detention program, except for
20bond pending trial or appeal or while on parole, aftercare
21release, or mandatory supervised release.
22    (b) A person serving a sentence for a conviction of a Class
231 felony, other than an excluded offense, may be placed in an
24electronic monitoring or home detention program for a period
25not to exceed the last 90 days of incarceration.

 

 

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1    (c) A person serving a sentence for a conviction of a Class
2X felony, other than an excluded offense, may be placed in an
3electronic monitoring or home detention program for a period
4not to exceed the last 90 days of incarceration, provided that
5the person was sentenced on or after August 11, 1993 (the
6effective date of Public Act 88-311) this amendatory Act of
71993 and provided that the court has not prohibited the program
8for the person in the sentencing order.
9    (d) A person serving a sentence for conviction of an
10offense other than for predatory criminal sexual assault of a
11child, aggravated criminal sexual assault, criminal sexual
12assault, aggravated criminal sexual abuse, or felony criminal
13sexual abuse, may be placed in an electronic monitoring or home
14detention program for a period not to exceed the last 12 months
15of incarceration, provided that (i) the person is 55 years of
16age or older; (ii) the person is serving a determinate
17sentence; (iii) the person has served at least 25% of the
18sentenced prison term; and (iv) placement in an electronic home
19monitoring or detention program is approved by the Prisoner
20Review Board or the Department of Juvenile Justice.
21    (e) A person serving a sentence for conviction of a Class
222, 3, or 4 felony offense which is not an excluded offense may
23be placed in an electronic monitoring or home detention program
24pursuant to Department administrative directives.
25    (f) Applications for electronic monitoring or home
26detention may include the following:

 

 

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1        (1) pretrial or pre-adjudicatory detention;
2        (2) probation;
3        (3) conditional discharge;
4        (4) periodic imprisonment;
5        (5) parole, aftercare release, or mandatory supervised
6    release;
7        (6) work release;
8        (7) furlough; or
9        (8) post-trial incarceration.
10    (g) A person convicted of an offense described in clause
11(4) or (5) of subsection (d) of Section 5-8-1 of this Code
12shall be placed in an electronic monitoring or home detention
13program for at least the first 2 years of the person's
14mandatory supervised release term.
15(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14;
1699-628, eff. 1-1-17; 99-797, eff. 8-12-16; revised 9-1-16.)
 
17    (730 ILCS 5/5-8A-5)  (from Ch. 38, par. 1005-8A-5)
18    Sec. 5-8A-5. Consent of the participant. Before entering an
19order for commitment for electronic monitoring, the
20supervising authority shall inform the participant and other
21persons residing in the home of the nature and extent of the
22approved electronic monitoring devices by doing the following:
23        (A) Securing the written consent of the participant in
24    the program to comply with the rules and regulations of the
25    program as stipulated in subsections (A) through (I) of

 

 

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1    Section 5-8A-4.
2        (B) Where possible, securing the written consent of
3    other persons residing in the home of the participant,
4    including the person in whose name the telephone is
5    registered, at the time of the order or commitment for
6    electronic home detention is entered and acknowledge the
7    nature and extent of approved electronic monitoring
8    devices.
9        (C) Insure that the approved electronic devices be
10    minimally intrusive upon the privacy of the participant and
11    other persons residing in the home while remaining in
12    compliance with subsections (B) through (D) of Section
13    5-8A-4.
14    (D) This Section does not apply to persons subject to
15Electronic Monitoring or home detention as a term or condition
16of parole, aftercare release, or mandatory supervised release
17under subsection (d) of Section 5-8-1 of this Code.
18(Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16;
19revised 10-27-16.)
 
20    (730 ILCS 5/5-8A-7)
21    Sec. 5-8A-7. Domestic violence surveillance program. If
22the Prisoner Review Board, Department of Corrections,
23Department of Juvenile Justice, or court (the supervising
24authority) orders electronic surveillance as a condition of
25parole, aftercare release, mandatory supervised release, early

 

 

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1release, probation, or conditional discharge for a violation of
2an order of protection or as a condition of bail for a person
3charged with a violation of an order of protection, the
4supervising authority shall use the best available global
5positioning technology to track domestic violence offenders.
6Best available technology must have real-time and interactive
7capabilities that facilitate the following objectives: (1)
8immediate notification to the supervising authority of a breach
9of a court ordered exclusion zone; (2) notification of the
10breach to the offender; and (3) communication between the
11supervising authority, law enforcement, and the victim,
12regarding the breach. The supervising authority may also
13require that the electronic surveillance ordered under this
14Section monitor the consumption of alcohol or drugs.
15(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-797,
16eff. 8-12-16; revised 9-2-16.)
 
17    Section 695. The Code of Civil Procedure is amended by
18changing Section 13-214 as follows:
 
19    (735 ILCS 5/13-214)  (from Ch. 110, par. 13-214)
20    Sec. 13-214. Construction; design Construction - design
21management and supervision. As used in this Section, "person"
22means any individual, any business or legal entity, or any body
23politic.
24    (a) Actions based upon tort, contract or otherwise against

 

 

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1any person for an act or omission of such person in the design,
2planning, supervision, observation or management of
3construction, or construction of an improvement to real
4property shall be commenced within 4 years from the time the
5person bringing an action, or his or her privity, knew or
6should reasonably have known of such act or omission.
7Notwithstanding any other provision of law, contract actions
8against a surety on a payment or performance bond shall be
9commenced, if at all, within the same time limitation
10applicable to the bond principal.
11    (b) No action based upon tort, contract or otherwise may be
12brought against any person for an act or omission of such
13person in the design, planning, supervision, observation or
14management of construction, or construction of an improvement
15to real property after 10 years have elapsed from the time of
16such act or omission. However, any person who discovers such
17act or omission prior to expiration of 10 years from the time
18of such act or omission shall in no event have less than 4
19years to bring an action as provided in subsection (a) of this
20Section. Notwithstanding any other provision of law, contract
21actions against a surety on a payment or performance bond shall
22be commenced, if at all, within the same time limitation
23applicable to the bond principal.
24    (c) If a person otherwise entitled to bring an action could
25not have brought such action within the limitation periods
26herein solely because such person was under the age of 18

 

 

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1years, or a person with a developmental disability or a person
2with mental illness, then the limitation periods herein shall
3not begin to run until the person attains the age of 18 years,
4or the disability is removed.
5    (d) Subsection (b) shall not prohibit any action against a
6defendant who has expressly warranted or promised the
7improvement to real property for a longer period from being
8brought within that period.
9    (e) The limitations of this Section shall not apply to
10causes of action arising out of fraudulent misrepresentations
11or to fraudulent concealment of causes of action.
12    (f) Subsection (b) does not apply to an action that is
13based on personal injury, disability, disease, or death
14resulting from the discharge into the environment of asbestos.
15(Source: P.A. 98-1131, eff. 6-1-15; revised 9-1-16.)
 
16    Section 700. The Real Estate Investment Trust Act is
17amended by changing Section 2 as follows:
 
18    (745 ILCS 60/2)  (from Ch. 30, par. 252)
19    Sec. 2. The shareholders or beneficiaries of a real estate
20investment trust shall not, as such, be personally liable for
21any of its obligations arising after the effective date of this
22Act, nor shall persons who become shareholders or beneficiaries
23after the effective date of this Act be personally liable, as
24such, for obligations of the real estate trust. If an

 

 

HB3855 Engrossed- 1383 -LRB100 05985 AMC 16014 b

1application for registration of the securities issued or
2issuable by such unincorporated trust or association has been
3registered by the Secretary of State pursuant to Section 5 of
4the "The Illinois Securities Law of 1953", as heretofore and
5hereafter amended, such registration shall be conclusive
6evidence that an unincorporated trust or association is a real
7estate investment trust as to all persons who become
8shareholders or beneficiaries after the registration date and
9prior to its suspension or revocation, if any, and as to all
10obligations of the unincorporated trust or association arising
11after the effective date of this Act whether they arose before
12or after the effective date of registration under Section 5 of
13the "The Illinois Securities Law of 1953", and prior to
14suspension or revocation of the registration.
15(Source: Laws 1963, p. 994; revised 10-25-16.)
 
16    Section 705. The Illinois Marriage and Dissolution of
17Marriage Act is amended by changing Section 510 as follows:
 
18    (750 ILCS 5/510)  (from Ch. 40, par. 510)
19    (Text of Section before amendment by P.A. 99-764)
20    Sec. 510. Modification and termination of provisions for
21maintenance, support, educational expenses, and property
22disposition.
23    (a) Except as otherwise provided in paragraph (f) of
24Section 502 and in subsection (b), clause (3) of Section 505.2,

 

 

HB3855 Engrossed- 1384 -LRB100 05985 AMC 16014 b

1the provisions of any judgment respecting maintenance or
2support may be modified only as to installments accruing
3subsequent to due notice by the moving party of the filing of
4the motion for modification. An order for child support may be
5modified as follows:
6        (1) upon a showing of a substantial change in
7    circumstances; and
8        (2) without the necessity of showing a substantial
9    change in circumstances, as follows:
10            (A) upon a showing of an inconsistency of at least
11        20%, but no less than $10 per month, between the amount
12        of the existing order and the amount of child support
13        that results from application of the guidelines
14        specified in Section 505 of this Act unless the
15        inconsistency is due to the fact that the amount of the
16        existing order resulted from a deviation from the
17        guideline amount and there has not been a change in the
18        circumstances that resulted in that deviation; or
19            (B) upon a showing of a need to provide for the
20        health care needs of the child under the order through
21        health insurance or other means. In no event shall the
22        eligibility for or receipt of medical assistance be
23        considered to meet the need to provide for the child's
24        health care needs.
25    The provisions of subparagraph (a)(2)(A) shall apply only
26in cases in which a party is receiving child support

 

 

HB3855 Engrossed- 1385 -LRB100 05985 AMC 16014 b

1enforcement services from the Department of Healthcare and
2Family Services under Article X of the Illinois Public Aid
3Code, and only when at least 36 months have elapsed since the
4order for child support was entered or last modified.
5    (a-5) An order for maintenance may be modified or
6terminated only upon a showing of a substantial change in
7circumstances. In all such proceedings, as well as in
8proceedings in which maintenance is being reviewed, the court
9shall consider the applicable factors set forth in subsection
10(a) of Section 504 and the following factors:
11        (1) any change in the employment status of either party
12    and whether the change has been made in good faith;
13        (2) the efforts, if any, made by the party receiving
14    maintenance to become self-supporting, and the
15    reasonableness of the efforts where they are appropriate;
16        (3) any impairment of the present and future earning
17    capacity of either party;
18        (4) the tax consequences of the maintenance payments
19    upon the respective economic circumstances of the parties;
20        (5) the duration of the maintenance payments
21    previously paid (and remaining to be paid) relative to the
22    length of the marriage;
23        (6) the property, including retirement benefits,
24    awarded to each party under the judgment of dissolution of
25    marriage, judgment of legal separation, or judgment of
26    declaration of invalidity of marriage and the present

 

 

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1    status of the property;
2        (7) the increase or decrease in each party's income
3    since the prior judgment or order from which a review,
4    modification, or termination is being sought;
5        (8) the property acquired and currently owned by each
6    party after the entry of the judgment of dissolution of
7    marriage, judgment of legal separation, or judgment of
8    declaration of invalidity of marriage; and
9        (9) any other factor that the court expressly finds to
10    be just and equitable.
11    (a-6) In a review under subsection (b-4.5) of Section 504
12of this Act, the court may enter a fixed-term maintenance award
13that bars future maintenance only if, at the time of the entry
14of the award, the marriage had lasted 10 years or less at the
15time the original action was commenced.
16    (b) The provisions as to property disposition may not be
17revoked or modified, unless the court finds the existence of
18conditions that justify the reopening of a judgment under the
19laws of this State.
20    (c) Unless otherwise agreed by the parties in a written
21agreement set forth in the judgment or otherwise approved by
22the court, the obligation to pay future maintenance is
23terminated upon the death of either party, or the remarriage of
24the party receiving maintenance, or if the party receiving
25maintenance cohabits with another person on a resident,
26continuing conjugal basis. A payor's obligation to pay

 

 

HB3855 Engrossed- 1387 -LRB100 05985 AMC 16014 b

1maintenance or unallocated maintenance terminates by operation
2of law on the date the recipient remarries or the date the
3court finds cohabitation began. The payor is entitled to
4reimbursement for all maintenance paid from that date forward.
5Any termination of an obligation for maintenance as a result of
6the death of the payor party, however, shall be inapplicable to
7any right of the other party or such other party's designee to
8receive a death benefit under such insurance on the payor
9party's life. A party receiving maintenance must advise the
10payor of his or her intention to marry at least 30 days before
11the remarriage, unless the decision is made within this time
12period. In that event, he or she must notify the other party
13within 72 hours of getting married.
14    (c-5) In an adjudicated case, the court shall make specific
15factual findings as to the reason for the modification as well
16as the amount, nature, and duration of the modified maintenance
17award.
18    (d) Unless otherwise provided in this Act, or as agreed in
19writing or expressly provided in the judgment, provisions for
20the support of a child are terminated by emancipation of the
21child, or if the child has attained the age of 18 and is still
22attending high school, provisions for the support of the child
23are terminated upon the date that the child graduates from high
24school or the date the child attains the age of 19, whichever
25is earlier, but not by the death of a parent obligated to
26support or educate the child. An existing obligation to pay for

 

 

HB3855 Engrossed- 1388 -LRB100 05985 AMC 16014 b

1support or educational expenses, or both, is not terminated by
2the death of a parent. When a parent obligated to pay support
3or educational expenses, or both, dies, the amount of support
4or educational expenses, or both, may be enforced, modified,
5revoked or commuted to a lump sum payment, as equity may
6require, and that determination may be provided for at the time
7of the dissolution of the marriage or thereafter.
8    (e) The right to petition for support or educational
9expenses, or both, under Sections 505 and 513 is not
10extinguished by the death of a parent. Upon a petition filed
11before or after a parent's death, the court may award sums of
12money out of the decedent's estate for the child's support or
13educational expenses, or both, as equity may require. The time
14within which a claim may be filed against the estate of a
15decedent under Sections 505 and 513 and subsection (d) and this
16subsection shall be governed by the provisions of the Probate
17Act of 1975, as a barrable, noncontingent claim.
18    (f) A petition to modify or terminate child support or
19allocation of parental responsibilities shall not delay any
20child support enforcement litigation or supplementary
21proceeding on behalf of the obligee, including, but not limited
22to, a petition for a rule to show cause, for non-wage
23garnishment, or for a restraining order.
24(Source: P.A. 99-90, eff. 1-1-16.)
 
25    (Text of Section after amendment by P.A. 99-764)

 

 

HB3855 Engrossed- 1389 -LRB100 05985 AMC 16014 b

1    Sec. 510. Modification and termination of provisions for
2maintenance, support, educational expenses, and property
3disposition.
4    (a) Except as otherwise provided in paragraph (f) of
5Section 502 and in subsection (b), clause (3) of Section 505.2,
6the provisions of any judgment respecting maintenance or
7support may be modified only as to installments accruing
8subsequent to due notice by the moving party of the filing of
9the motion for modification. An order for child support may be
10modified as follows:
11        (1) upon a showing of a substantial change in
12    circumstances; and
13        (2) without the necessity of showing a substantial
14    change in circumstances, as follows:
15            (A) upon a showing of an inconsistency of at least
16        20%, but no less than $10 per month, between the amount
17        of the existing order and the amount of child support
18        that results from application of the guidelines
19        specified in Section 505 of this Act unless the
20        inconsistency is due to the fact that the amount of the
21        existing order resulted from a deviation from the
22        guideline amount and there has not been a change in the
23        circumstances that resulted in that deviation; or
24            (B) upon a showing of a need to provide for the
25        health care needs of the child under the order through
26        health insurance or other means. In no event shall the

 

 

HB3855 Engrossed- 1390 -LRB100 05985 AMC 16014 b

1        eligibility for or receipt of medical assistance be
2        considered to meet the need to provide for the child's
3        health care needs.
4    The provisions of subparagraph (a)(2)(A) shall apply only
5in cases in which a party is receiving child support
6enforcement services from the Department of Healthcare and
7Family Services under Article X of the Illinois Public Aid
8Code, and only when at least 36 months have elapsed since the
9order for child support was entered or last modified.
10    The court may grant a petition for modification that seeks
11to apply the changes made to subsection (a) of Section 505 by
12Public Act 99-764 this amendatory Act of the 99th General
13Assembly to an order entered before the effective date of
14Public Act 99-764 this amendatory Act of the 99th General
15Assembly only upon a finding of a substantial change in
16circumstances that warrants application of the changes. The
17enactment of Public Act 99-764 this amendatory Act of the 99th
18General Assembly itself does not constitute a substantial
19change in circumstances warranting a modification.
20    (a-5) An order for maintenance may be modified or
21terminated only upon a showing of a substantial change in
22circumstances. In all such proceedings, as well as in
23proceedings in which maintenance is being reviewed, the court
24shall consider the applicable factors set forth in subsection
25(a) of Section 504 and the following factors:
26        (1) any change in the employment status of either party

 

 

HB3855 Engrossed- 1391 -LRB100 05985 AMC 16014 b

1    and whether the change has been made in good faith;
2        (2) the efforts, if any, made by the party receiving
3    maintenance to become self-supporting, and the
4    reasonableness of the efforts where they are appropriate;
5        (3) any impairment of the present and future earning
6    capacity of either party;
7        (4) the tax consequences of the maintenance payments
8    upon the respective economic circumstances of the parties;
9        (5) the duration of the maintenance payments
10    previously paid (and remaining to be paid) relative to the
11    length of the marriage;
12        (6) the property, including retirement benefits,
13    awarded to each party under the judgment of dissolution of
14    marriage, judgment of legal separation, or judgment of
15    declaration of invalidity of marriage and the present
16    status of the property;
17        (7) the increase or decrease in each party's income
18    since the prior judgment or order from which a review,
19    modification, or termination is being sought;
20        (8) the property acquired and currently owned by each
21    party after the entry of the judgment of dissolution of
22    marriage, judgment of legal separation, or judgment of
23    declaration of invalidity of marriage; and
24        (9) any other factor that the court expressly finds to
25    be just and equitable.
26    (a-6) In a review under subsection (b-4.5) of Section 504

 

 

HB3855 Engrossed- 1392 -LRB100 05985 AMC 16014 b

1of this Act, the court may enter a fixed-term maintenance award
2that bars future maintenance only if, at the time of the entry
3of the award, the marriage had lasted 10 years or less at the
4time the original action was commenced.
5    (b) The provisions as to property disposition may not be
6revoked or modified, unless the court finds the existence of
7conditions that justify the reopening of a judgment under the
8laws of this State.
9    (c) Unless otherwise agreed by the parties in a written
10agreement set forth in the judgment or otherwise approved by
11the court, the obligation to pay future maintenance is
12terminated upon the death of either party, or the remarriage of
13the party receiving maintenance, or if the party receiving
14maintenance cohabits with another person on a resident,
15continuing conjugal basis. A payor's obligation to pay
16maintenance or unallocated maintenance terminates by operation
17of law on the date the recipient remarries or the date the
18court finds cohabitation began. The payor is entitled to
19reimbursement for all maintenance paid from that date forward.
20Any termination of an obligation for maintenance as a result of
21the death of the payor party, however, shall be inapplicable to
22any right of the other party or such other party's designee to
23receive a death benefit under such insurance on the payor
24party's life. A party receiving maintenance must advise the
25payor of his or her intention to marry at least 30 days before
26the remarriage, unless the decision is made within this time

 

 

HB3855 Engrossed- 1393 -LRB100 05985 AMC 16014 b

1period. In that event, he or she must notify the other party
2within 72 hours of getting married.
3    (c-5) In an adjudicated case, the court shall make specific
4factual findings as to the reason for the modification as well
5as the amount, nature, and duration of the modified maintenance
6award.
7    (d) Unless otherwise provided in this Act, or as agreed in
8writing or expressly provided in the judgment, provisions for
9the support of a child are terminated by emancipation of the
10child, or if the child has attained the age of 18 and is still
11attending high school, provisions for the support of the child
12are terminated upon the date that the child graduates from high
13school or the date the child attains the age of 19, whichever
14is earlier, but not by the death of a parent obligated to
15support or educate the child. An existing obligation to pay for
16support or educational expenses, or both, is not terminated by
17the death of a parent. When a parent obligated to pay support
18or educational expenses, or both, dies, the amount of support
19or educational expenses, or both, may be enforced, modified,
20revoked or commuted to a lump sum payment, as equity may
21require, and that determination may be provided for at the time
22of the dissolution of the marriage or thereafter.
23    (e) The right to petition for support or educational
24expenses, or both, under Sections 505 and 513 is not
25extinguished by the death of a parent. Upon a petition filed
26before or after a parent's death, the court may award sums of

 

 

HB3855 Engrossed- 1394 -LRB100 05985 AMC 16014 b

1money out of the decedent's estate for the child's support or
2educational expenses, or both, as equity may require. The time
3within which a claim may be filed against the estate of a
4decedent under Sections 505 and 513 and subsection (d) and this
5subsection shall be governed by the provisions of the Probate
6Act of 1975, as a barrable, noncontingent claim.
7    (f) A petition to modify or terminate child support or
8allocation of parental responsibilities shall not delay any
9child support enforcement litigation or supplementary
10proceeding on behalf of the obligee, including, but not limited
11to, a petition for a rule to show cause, for non-wage
12garnishment, or for a restraining order.
13(Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; revised
149-8-16.)
 
15    Section 710. The Illinois Parentage Act of 2015 is amended
16by changing Section 103 as follows:
 
17    (750 ILCS 46/103)
18    Sec. 103. Definitions. In this Act:
19    (a) "Acknowledged father" means a man who has established a
20father-child relationship under Article 3.
21    (b) "Adjudicated father" means a man who has been
22adjudicated by a court of competent jurisdiction, or as
23authorized under Article X of the Illinois Public Aid Code, to
24be the father of a child.

 

 

HB3855 Engrossed- 1395 -LRB100 05985 AMC 16014 b

1    (c) "Alleged father" means a man who alleges himself to be,
2or is alleged to be, the biological father or a possible
3biological father of a child, but whose paternity has not been
4established. The term does not include:
5        (1) a presumed parent or acknowledged father; or
6        (2) a man whose parental rights have been terminated or
7    declared not to exist.
8    (d) "Assisted reproduction" means a method of achieving a
9pregnancy through though an artificial insemination or an
10embryo transfer and includes gamete and embryo donation.
11"Assisted reproduction" does not include any pregnancy
12achieved through sexual intercourse.
13    (e) "Child" means an individual of any age whose parentage
14may be established under this Act.
15    (f) "Combined paternity index" means the likelihood of
16paternity calculated by computing the ratio between:
17        (1) the likelihood that the tested man is the father,
18    based on the genetic markers of the tested man, mother, and
19    child, conditioned on the hypothesis that the tested man is
20    the father of the child; and
21        (2) the likelihood that the tested man is not the
22    father, based on the genetic markers of the tested man,
23    mother, and child, conditioned on the hypothesis that the
24    tested man is not the father of the child and that the
25    father is of the same ethnic or racial group as the tested
26    man.

 

 

HB3855 Engrossed- 1396 -LRB100 05985 AMC 16014 b

1    (g) "Commence" means to file the initial pleading seeking
2an adjudication of parentage in the circuit court of this
3State.
4    (h) "Determination of parentage" means the establishment
5of the parent-child relationship by the signing of a voluntary
6acknowledgment under Article 3 of this Act or adjudication by
7the court or as authorized under Article X of the Illinois
8Public Aid Code.
9    (i) "Donor" means an individual who participates in an
10assisted reproductive technology arrangement by providing
11gametes and relinquishes all rights and responsibilities to the
12gametes so that another individual or individuals may become
13the legal parent or parents of any resulting child. "Donor"
14does not include a spouse in any assisted reproductive
15technology arrangement in which his or her spouse will parent
16any resulting child.
17    (j) "Ethnic or racial group" means, for purposes of genetic
18testing, a recognized group that an individual identifies as
19all or part of the individual's ancestry or that is so
20identified by other information.
21    (k) "Gamete" means either a sperm or an egg.
22    (l) "Genetic testing" means an analysis of genetic markers
23to exclude or identify a man as the father or a woman as the
24mother of a child as provided in Article 4 of this Act.
25    (l-5) "Gestational surrogacy" means the process by which a
26woman attempts to carry and give birth to a child created

 

 

HB3855 Engrossed- 1397 -LRB100 05985 AMC 16014 b

1through in vitro fertilization in which the gestational
2surrogate has made no genetic contribution to any resulting
3child.
4    (m) "Gestational surrogate" means a woman who is not an
5intended parent and agrees to engage in a gestational surrogacy
6arrangement pursuant to the terms of a valid gestational
7surrogacy arrangement under the Gestational Surrogacy Act.
8    (m-5) "Intended parent" means a person who enters into an
9assisted reproductive technology arrangement, including a
10gestational surrogacy arrangement, under which he or she will
11be the legal parent of the resulting child.
12    (n) "Parent" means an individual who has established a
13parent-child relationship under Section 201 of this Act.
14    (o) "Parent-child relationship" means the legal
15relationship between a child and a parent of the child.
16    (p) "Presumed parent" means an individual who, by operation
17of law under Section 204 of this Act, is recognized as the
18parent of a child until that status is rebutted or confirmed in
19a judicial or administrative proceeding.
20    (q) "Probability of paternity" means the measure, for the
21ethnic or racial group to which the alleged father belongs, of
22the probability that the man in question is the father of the
23child, compared with a random, unrelated man of the same ethnic
24or racial group, expressed as a percentage incorporating the
25combined paternity index and a prior probability.
26    (r) "Record" means information that is inscribed on a

 

 

HB3855 Engrossed- 1398 -LRB100 05985 AMC 16014 b

1tangible medium or that is stored in an electronic or other
2medium and is retrievable in perceivable form.
3    (s) "Signatory" means an individual who authenticates a
4record and is bound by its terms.
5    (t) "State" means a state of the United States, the
6District of Columbia, Puerto Rico, the United States Virgin
7Islands, or any territory or insular possession subject to the
8jurisdiction of the United States.
9    (u) "Substantially similar legal relationship" means a
10relationship recognized in this State under Section 60 of the
11Illinois Religious Freedom Protection and Civil Union Act.
12    (v) "Support-enforcement agency" means a public official
13or agency authorized to seek:
14        (1) enforcement of support orders or laws relating to
15    the duty of support;
16        (2) establishment or modification of child support;
17        (3) determination of parentage; or
18        (4) location of child-support obligors and their
19    income and assets.
20(Source: P.A. 99-85, eff. 1-1-16; 99-763, eff. 1-1-17; 99-769,
21eff. 1-1-17; revised 9-12-16.)
 
22    Section 715. The Illinois Domestic Violence Act of 1986 is
23amended by changing Section 202 as follows:
 
24    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)

 

 

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1    Sec. 202. Commencement of action; filing fees; dismissal.
2    (a) How to commence action. Actions for orders of
3protection are commenced:
4        (1) Independently: By filing a petition for an order of
5    protection in any civil court, unless specific courts are
6    designated by local rule or order.
7        (2) In conjunction with another civil proceeding: By
8    filing a petition for an order of protection under the same
9    case number as another civil proceeding involving the
10    parties, including but not limited to: (i) any proceeding
11    under the Illinois Marriage and Dissolution of Marriage
12    Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
13    and Children Act, Revised Uniform Reciprocal Enforcement
14    of Support Act or an action for nonsupport brought under
15    Article X 10 of the Illinois Public Aid Code, provided that
16    a petitioner and the respondent are a party to or the
17    subject of that proceeding or (ii) a guardianship
18    proceeding under the Probate Act of 1975, or a proceeding
19    for involuntary commitment under the Mental Health and
20    Developmental Disabilities Code, or any proceeding, other
21    than a delinquency petition, under the Juvenile Court Act
22    of 1987, provided that a petitioner or the respondent is a
23    party to or the subject of such proceeding.
24        (3) In conjunction with a delinquency petition or a
25    criminal prosecution: By filing a petition for an order of
26    protection, under the same case number as the delinquency

 

 

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1    petition or criminal prosecution, to be granted during
2    pre-trial release of a defendant, with any dispositional
3    order issued under Section 5-710 of the Juvenile Court Act
4    of 1987 or as a condition of release, supervision,
5    conditional discharge, probation, periodic imprisonment,
6    parole, aftercare release, or mandatory supervised
7    release, or in conjunction with imprisonment or a bond
8    forfeiture warrant; provided that:
9            (i) the violation is alleged in an information,
10        complaint, indictment or delinquency petition on file,
11        and the alleged offender and victim are family or
12        household members or persons protected by this Act; and
13            (ii) the petition, which is filed by the State's
14        Attorney, names a victim of the alleged crime as a
15        petitioner.
16    (b) Filing, certification, and service fees. No fee shall
17be charged by the clerk for filing, amending, vacating,
18certifying, or photocopying petitions or orders; or for issuing
19alias summons; or for any related filing service. No fee shall
20be charged by the sheriff for service by the sheriff of a
21petition, rule, motion, or order in an action commenced under
22this Section.
23    (c) Dismissal and consolidation. Withdrawal or dismissal
24of any petition for an order of protection prior to
25adjudication where the petitioner is represented by the State
26shall operate as a dismissal without prejudice. No action for

 

 

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1an order of protection shall be dismissed because the
2respondent is being prosecuted for a crime against the
3petitioner. An independent action may be consolidated with
4another civil proceeding, as provided by paragraph (2) of
5subsection (a) of this Section. For any action commenced under
6paragraph (2) or (3) of subsection (a) of this Section,
7dismissal of the conjoined case (or a finding of not guilty)
8shall not require dismissal of the action for the order of
9protection; instead, it may be treated as an independent action
10and, if necessary and appropriate, transferred to a different
11court or division. Dismissal of any conjoined case shall not
12affect the validity of any previously issued order of
13protection, and thereafter subsections (b)(1) and (b)(2) of
14Section 220 shall be inapplicable to such order.
15    (d) Pro se petitions. The court shall provide, through the
16office of the clerk of the court, simplified forms and clerical
17assistance to help with the writing and filing of a petition
18under this Section by any person not represented by counsel. In
19addition, that assistance may be provided by the state's
20attorney.
21    (e) As provided in this subsection, the administrative
22director of the Administrative Office of the Illinois Courts,
23with the approval of the administrative board of the courts,
24may adopt rules to establish and implement a pilot program to
25allow the electronic filing of petitions for temporary orders
26of protection and the issuance of such orders by audio-visual

 

 

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1means to accommodate litigants for whom attendance in court to
2file for and obtain emergency relief would constitute an undue
3hardship or would constitute a risk of harm to the litigant.
4        (1) As used in this subsection:
5            (A) "Electronic means" means any method of
6        transmission of information between computers or other
7        machines designed for the purpose of sending or
8        receiving electronic transmission and that allows for
9        the recipient of information to reproduce the
10        information received in a tangible medium of
11        expression.
12            (B) "Independent audio-visual system" means an
13        electronic system for the transmission and receiving
14        of audio and visual signals, including those with the
15        means to preclude the unauthorized reception and
16        decoding of the signals by commercially available
17        television receivers, channel converters, or other
18        available receiving devices.
19            (C) "Electronic appearance" means an appearance in
20        which one or more of the parties are not present in the
21        court, but in which, by means of an independent
22        audio-visual system, all of the participants are
23        simultaneously able to see and hear reproductions of
24        the voices and images of the judge, counsel, parties,
25        witnesses, and any other participants.
26        (2) Any pilot program under this subsection (e) shall

 

 

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1    be developed by the administrative director or his or her
2    delegate in consultation with at least one local
3    organization providing assistance to domestic violence
4    victims. The program plan shall include but not be limited
5    to:
6            (A) identification of agencies equipped with or
7        that have access to an independent audio-visual system
8        and electronic means for filing documents; and
9            (B) identification of one or more organizations
10        who are trained and available to assist petitioners in
11        preparing and filing petitions for temporary orders of
12        protection and in their electronic appearances before
13        the court to obtain such orders; and
14            (C) identification of the existing resources
15        available in local family courts for the
16        implementation and oversight of the pilot program; and
17            (D) procedures for filing petitions and documents
18        by electronic means, swearing in the petitioners and
19        witnesses, preparation of a transcript of testimony
20        and evidence presented, and a prompt transmission of
21        any orders issued to the parties; and
22            (E) a timeline for implementation and a plan for
23        informing the public about the availability of the
24        program; and
25            (F) a description of the data to be collected in
26        order to evaluate and make recommendations for

 

 

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1        improvements to the pilot program.
2        (3) In conjunction with an electronic appearance, any
3    petitioner for an ex parte temporary order of protection
4    may, using the assistance of a trained advocate if
5    necessary, commence the proceedings by filing a petition by
6    electronic means.
7            (A) A petitioner who is seeking an ex parte
8        temporary order of protection using an electronic
9        appearance must file a petition in advance of the
10        appearance and may do so electronically.
11            (B) The petitioner must show that traveling to or
12        appearing in court would constitute an undue hardship
13        or create a risk of harm to the petitioner. In granting
14        or denying any relief sought by the petitioner, the
15        court shall state the names of all participants and
16        whether it is granting or denying an appearance by
17        electronic means and the basis for such a
18        determination. A party is not required to file a
19        petition or other document by electronic means or to
20        testify by means of an electronic appearance.
21            (C) Nothing in this subsection (e) affects or
22        changes any existing laws governing the service of
23        process, including requirements for personal service
24        or the sealing and confidentiality of court records in
25        court proceedings or access to court records by the
26        parties to the proceedings.

 

 

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1        (4) Appearances.
2            (A) All electronic appearances by a petitioner
3        seeking an ex parte temporary order of protection under
4        this subsection (e) are strictly voluntary and the
5        court shall obtain the consent of the petitioner on the
6        record at the commencement of each appearance.
7            (B) Electronic appearances under this subsection
8        (e) shall be recorded and preserved for transcription.
9        Documentary evidence, if any, referred to by a party or
10        witness or the court may be transmitted and submitted
11        and introduced by electronic means.
12(Source: P.A. 98-558, eff. 1-1-14; 99-85, eff. 1-1-16; 99-718,
13eff. 1-1-17; revised 10-25-16.)
 
14    Section 720. The Probate Act of 1975 is amended by changing
15Section 11a-10 as follows:
 
16    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
17    Sec. 11a-10. Procedures preliminary to hearing.
18    (a) Upon the filing of a petition pursuant to Section
1911a-8, the court shall set a date and place for hearing to take
20place within 30 days. The court shall appoint a guardian ad
21litem to report to the court concerning the respondent's best
22interests consistent with the provisions of this Section,
23except that the appointment of a guardian ad litem shall not be
24required when the court determines that such appointment is not

 

 

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1necessary for the protection of the respondent or a reasonably
2informed decision on the petition. If the guardian ad litem is
3not a licensed attorney, he or she shall be qualified, by
4training or experience, to work with or advocate for persons
5with developmental disabilities, the mentally ill, persons
6with physical disabilities, the elderly, or persons with a
7disability due to mental deterioration, depending on the type
8of disability that is alleged in the petition. The court may
9allow the guardian ad litem reasonable compensation. The
10guardian ad litem may consult with a person who by training or
11experience is qualified to work with persons with a
12developmental disability, persons with mental illness, persons
13with physical disabilities, or persons with a disability due to
14mental deterioration, depending on the type of disability that
15is alleged. The guardian ad litem shall personally observe the
16respondent prior to the hearing and shall inform him orally and
17in writing of the contents of the petition and of his rights
18under Section 11a-11. The guardian ad litem shall also attempt
19to elicit the respondent's position concerning the
20adjudication of disability, the proposed guardian, a proposed
21change in residential placement, changes in care that might
22result from the guardianship, and other areas of inquiry deemed
23appropriate by the court. Notwithstanding any provision in the
24Mental Health and Developmental Disabilities Confidentiality
25Act or any other law, a guardian ad litem shall have the right
26to inspect and copy any medical or mental health record of the

 

 

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1respondent which the guardian ad litem deems necessary,
2provided that the information so disclosed shall not be
3utilized for any other purpose nor be redisclosed except in
4connection with the proceedings. At or before the hearing, the
5guardian ad litem shall file a written report detailing his or
6her observations of the respondent, the responses of the
7respondent to any of the inquiries detailed in this Section,
8the opinion of the guardian ad litem or other professionals
9with whom the guardian ad litem consulted concerning the
10appropriateness of guardianship, and any other material issue
11discovered by the guardian ad litem. The guardian ad litem
12shall appear at the hearing and testify as to any issues
13presented in his or her report.
14    (b) The court (1) may appoint counsel for the respondent,
15if the court finds that the interests of the respondent will be
16best served by the appointment, and (2) shall appoint counsel
17upon respondent's request or if the respondent takes a position
18adverse to that of the guardian ad litem. The respondent shall
19be permitted to obtain the appointment of counsel either at the
20hearing or by any written or oral request communicated to the
21court prior to the hearing. The summons shall inform the
22respondent of this right to obtain appointed counsel. The court
23may allow counsel for the respondent reasonable compensation.
24    (c) If the respondent is unable to pay the fee of the
25guardian ad litem or appointed counsel, or both, the court may
26enter an order for the petitioner to pay all such fees or such

 

 

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1amounts as the respondent or the respondent's estate may be
2unable to pay. However, in cases where the Office of State
3Guardian is the petitioner, consistent with Section 30 of the
4Guardianship and Advocacy Act, where the public guardian is the
5petitioner, consistent with Section 13-5 of this Act, where an
6adult protective services agency is the petitioner, pursuant to
7Section 9 of the Adult Protective Services Act, or where the
8Department of Children and Family Services is the petitioner
9under subparagraph (d) of subsection (1) of Section 2-27 of the
10Juvenile Court Act of 1987, no guardian ad litem or legal fees
11shall be assessed against the Office of State Guardian, the
12public guardian, the adult protective services agency, or the
13Department of Children and Family Services.
14    (d) The hearing may be held at such convenient place as the
15court directs, including at a facility in which the respondent
16resides.
17    (e) Unless he is the petitioner, the respondent shall be
18personally served with a copy of the petition and a summons not
19less than 14 days before the hearing. The summons shall be
20printed in large, bold type and shall include the following
21notice:
22
NOTICE OF RIGHTS OF RESPONDENT
23    You have been named as a respondent in a guardianship
24petition asking that you be declared a person with a
25disability. If the court grants the petition, a guardian will
26be appointed for you. A copy of the guardianship petition is

 

 

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1attached for your convenience.
2The date and time of the hearing are:
3The place where the hearing will occur is:
4The Judge's name and phone number is:
5    If a guardian is appointed for you, the guardian may be
6given the right to make all important personal decisions for
7you, such as where you may live, what medical treatment you may
8receive, what places you may visit, and who may visit you. A
9guardian may also be given the right to control and manage your
10money and other property, including your home, if you own one.
11You may lose the right to make these decisions for yourself.
12    You have the following legal rights:
13        (1) You have the right to be present at the court
14    hearing.
15        (2) You have the right to be represented by a lawyer,
16    either one that you retain, or one appointed by the Judge.
17        (3) You have the right to ask for a jury of six persons
18    to hear your case.
19        (4) You have the right to present evidence to the court
20    and to confront and cross-examine witnesses.
21        (5) You have the right to ask the Judge to appoint an
22    independent expert to examine you and give an opinion about
23    your need for a guardian.
24        (6) You have the right to ask that the court hearing be
25    closed to the public.
26        (7) You have the right to tell the court whom you

 

 

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1    prefer to have for your guardian.
2    You do not have to attend the court hearing if you do not
3want to be there. If you do not attend, the Judge may appoint a
4guardian if the Judge finds that a guardian would be of benefit
5to you. The hearing will not be postponed or canceled if you do
6not attend.
7    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
8NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
9PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
10IF YOU DO NOT WANT A GUARDIAN OR OF IF YOU HAVE ANY OTHER
11PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
12TELL THE JUDGE.
13    Service of summons and the petition may be made by a
14private person 18 years of age or over who is not a party to the
15action.
16    (f) Notice of the time and place of the hearing shall be
17given by the petitioner by mail or in person to those persons,
18including the proposed guardian, whose names and addresses
19appear in the petition and who do not waive notice, not less
20than 14 days before the hearing.
21(Source: P.A. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756,
22eff. 7-16-14; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
23revised 10-27-16.)
 
24    Section 725. The Uniform Real Property Electronic
25Recording Act is amended by changing Section 5 as follows:
 

 

 

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1    (765 ILCS 33/5)
2    Sec. 5. Administration and standards.
3    (a) To adopt standards to implement this Act, there is
4established, within the Office of the Secretary of State, the
5Illinois Electronic Recording Commission consisting of 17
6commissioners as follows:
7        (1) The Secretary of State or the Secretary's designee
8    shall be a permanent commissioner.
9        (2) The Secretary of State shall appoint the following
10    additional 16 commissioners:
11            (A) Three who are from the land title profession.
12            (B) Three who are from lending institutions.
13            (C) One who is an attorney.
14            (D) Seven who are county recorders, no more than 4
15        of whom are from one political party, representative of
16        counties of varying size, geography, population, and
17        resources.
18            (E) Two who are licensed real estate brokers or
19        managing brokers under the Real Estate License Act of
20        2000.
21        (3) On August 27, 2007 (the effective date of this
22    Act), the Secretary of State or the Secretary's designee
23    shall become the Acting Chairperson of the Commission. The
24    Secretary shall appoint the initial commissioners within
25    60 days and hold the first meeting of the Commission within

 

 

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1    120 days, notifying commissioners of the time and place of
2    the first meeting with at least 14 days' notice. At its
3    first meeting the Commission shall adopt, by a majority
4    vote, such rules and structure that it deems necessary to
5    govern its operations, including the title,
6    responsibilities, and election of officers. Once adopted,
7    the rules and structure may be altered or amended by the
8    Commission by majority vote. Upon the election of officers
9    and adoption of rules or bylaws, the duties of the Acting
10    Chairperson shall cease.
11        (4) The Commission shall meet at least once every year
12    within the State of Illinois. The time and place of
13    meetings to be determined by the Chairperson and approved
14    by a majority of the Commission.
15        (5) Nine commissioners shall constitute a quorum.
16        (6) Commissioners shall receive no compensation for
17    their services but may be reimbursed for reasonable
18    expenses at current rates in effect at the Office of the
19    Secretary of State, directly related to their duties as
20    commissioners and participation at Commission meetings or
21    while on business or at meetings which have been authorized
22    by the Commission.
23        (7) Appointed commissioners shall serve terms of 3
24    years, which shall expire on December 1st. Five of the
25    initially appointed commissioners, including at least 2
26    county recorders, shall serve terms of one year, 5 of the

 

 

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1    initially appointed commissioners, including at least 2
2    county recorders, shall serve terms of 2 years, and 4 of
3    the initially appointed commissioners shall serve terms of
4    3 years, to be determined by lot. Of the commissioners
5    appointed under subparagraph (E) of paragraph (2) of this
6    subsection, one of the initially appointed commissioners
7    shall serve a term of 2 years and one of the initially
8    appointed commissioners shall serve a term of 3 years, to
9    be determined by lot. The calculation of the terms in
10    office of the initially appointed commissioners shall
11    begin on the first December 1st after the commissioners
12    have served at least 6 months in office.
13        (8) The Chairperson shall declare a commissioner's
14    office vacant immediately after receipt of a written
15    resignation, death, a recorder commissioner no longer
16    holding the public office, or under other circumstances
17    specified within the rules adopted by the Commission, which
18    shall also by rule specify how and by what deadlines a
19    replacement is to be appointed.
20    (b) (Blank).
21    (c) The Commission shall adopt and transmit to the
22Secretary of State standards to implement this Act and shall be
23the exclusive entity to set standards for counties to engage in
24electronic recording in the State of Illinois.
25    (d) To keep the standards and practices of county recorders
26in this State in harmony with the standards and practices of

 

 

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1recording offices in other jurisdictions that enact
2substantially this Act and to keep the technology used by
3county recorders in this State compatible with technology used
4by recording offices in other jurisdictions that enact
5substantially this Act, the Commission, so far as is consistent
6with the purposes, policies, and provisions of this Act, in
7adopting, amending, and repealing standards shall consider:
8        (1) standards and practices of other jurisdictions;
9        (2) the most recent standards promulgated by national
10    standard-setting bodies, such as the Property Records
11    Industry Association;
12        (3) the views of interested persons and governmental
13    officials and entities;
14        (4) the needs of counties of varying size, population,
15    and resources; and
16        (5) standards requiring adequate information security
17    protection to ensure that electronic documents are
18    accurate, authentic, adequately preserved, and resistant
19    to tampering.
20    (e) The Commission shall review the statutes related to
21real property and the statutes related to recording real
22property documents and shall recommend to the General Assembly
23any changes in the statutes that the Commission deems necessary
24or advisable.
25    (f) Funding. The Secretary of State may accept for the
26Commission, for any of its purposes and functions, donations,

 

 

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1gifts, grants, and appropriations of money, equipment,
2supplies, materials, and services from the federal government,
3the State or any of its departments or agencies, a county or
4municipality, or from any institution, person, firm, or
5corporation. The Commission may authorize a fee payable by
6counties engaged in electronic recording to fund its expenses.
7Any fee shall be proportional based on county population or
8number of documents recorded annually. On approval by a county
9recorder of the form and amount, a county board may authorize
10payment of any fee out of the special fund it has created to
11fund document storage and electronic retrieval, as authorized
12in Section 3-5018 of the Counties Code. Any funds received by
13the Office of the Secretary of State for the Commission shall
14be used entirely for expenses approved by and for the use of
15the Commission.
16    (g) The Secretary of State shall provide administrative
17support to the Commission, including the preparation of the
18agenda and minutes for Commission meetings, distribution of
19notices and proposed rules to commissioners, payment of bills
20and reimbursement for expenses of commissioners.
21    (h) Standards and rules adopted by the Commission shall be
22delivered to the Secretary of State. Within 60 days, the
23Secretary shall either promulgate by rule the standards
24adopted, amended, or repealed or return them to the Commission,
25with findings, for changes. The Commission may override the
26Secretary by a three-fifths vote, in which case the Secretary

 

 

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1shall publish the Commission's standards.
2(Source: P.A. 99-662, eff. 1-1-17; revised 10-27-16.)
 
3    Section 730. The Common Interest Community Association Act
4is amended by changing Section 1-90 as follows:
 
5    (765 ILCS 160/1-90)
6    (Section scheduled to be repealed on July 1, 2022)
7    Sec. 1-90. Compliance with the Condominium and Common
8Interest Community Ombudsperson Act. Every common interest
9community association, except for those exempt from this Act
10under Section 1-75, must comply with the Condominium and Common
11Community Interest Community Ombudsperson Act and is subject to
12all provisions of the Condominium and Common Community Interest
13Community Ombudsperson Act. This Section is repealed July 1,
142022.
15(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
1699-776 for effective date of P.A. 98-1135); 99-776, eff.
178-12-16; revised 10-27-16.)
 
18    Section 735. The Condominium Property Act is amended by
19changing Section 27 as follows:
 
20    (765 ILCS 605/27)  (from Ch. 30, par. 327)
21    Sec. 27. Amendments.
22    (a) If there is any unit owner other than the developer,

 

 

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1and unless otherwise provided in this Act, the condominium
2instruments shall be amended only as follows:
3        (i) upon the affirmative vote of 2/3 of those voting or
4    upon the majority specified by the condominium
5    instruments, provided that in no event shall the
6    condominium instruments require more than a three-quarters
7    vote of all unit owners; and
8        (ii) with the approval of, or notice to, any mortgagees
9    or other lienholders of record, if required under the
10    provisions of the condominium instruments.
11    (b)(1) If there is an omission, error, or inconsistency in
12a condominium instrument, such that a provision of a
13condominium instrument does not conform to this Act or to
14another applicable statute, the association may correct the
15omission, error, or inconsistency to conform the condominium
16instrument to this Act or to another applicable statute by an
17amendment adopted by vote of two-thirds of the Board of
18Managers, without a unit owner vote. A provision in a
19condominium instrument requiring or allowing unit owners,
20mortgagees, or other lienholders of record to vote to approve
21an amendment to a condominium instrument, or for the mortgagees
22or other lienholders of record to be given notice of an
23amendment to a condominium instrument, is not applicable to an
24amendment to the extent that the amendment corrects an
25omission, error, or inconsistency to conform the condominium
26instrument to this Act or to another applicable statute.

 

 

HB3855 Engrossed- 1418 -LRB100 05985 AMC 16014 b

1    (2) If through a scrivener's error, a unit has not been
2designated as owning an appropriate undivided share of the
3common elements or does not bear an appropriate share of the
4common expenses or that all the common expenses or all of the
5common elements in the condominium have not been distributed in
6the declaration, so that the sum total of the shares of common
7elements which have been distributed or the sum total of the
8shares of the common expenses fail to equal 100%, or if it
9appears that more than 100% of the common elements or common
10expenses have been distributed, the error may be corrected by
11operation of law by filing an amendment to the declaration
12approved by vote of two-thirds of the members of the Board of
13Managers or a majority vote of the unit owners at a meeting
14called for this purpose which proportionately adjusts all
15percentage interests so that the total is equal to 100% unless
16the condominium instruments specifically provide for a
17different procedure or different percentage vote by the owners
18of the units and the owners of mortgages thereon affected by
19modification being made in the undivided interest in the common
20elements, the number of votes in the unit owners association or
21the liability for common expenses appertaining to the unit.
22    (3) If an omission or error or a scrivener's error in the
23declaration, bylaws or other condominium instrument is
24corrected by vote of two-thirds of the members of the Board of
25Managers pursuant to the authority established in subsections
26(b)(1) or (b)(2) of this Section 27 of this Act, the Board upon

 

 

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1written petition by unit owners with 20 percent of the votes of
2the association filed within 30 days of the Board action shall
3call a meeting of the unit owners within 30 days of the filing
4of the petition to consider the Board action. Unless a majority
5of the votes of the unit owners of the association are cast at
6the meeting to reject the action, it is ratified whether or not
7a quorum is present.
8    (4) The procedures for amendments set forth in this
9subsection (b) cannot be used if such an amendment would
10materially or adversely affect property rights of the unit
11owners unless the affected unit owners consent in writing. This
12Section does not restrict the powers of the association to
13otherwise amend the declaration, bylaws, or other condominium
14instruments, but authorizes a simple process of amendment
15requiring a lesser vote for the purpose of correcting defects,
16errors, or omissions when the property rights of the unit
17owners are not materially or adversely affected.
18    (5) If there is an omission or error in the declaration,
19bylaws, or other condominium instruments, which may not be
20corrected by an amendment procedure set forth in paragraphs (1)
21and (2) of this subsection (b) of Section 27 in the declaration
22then the Circuit Court in the County in which the condominium
23is located shall have jurisdiction to hear a petition of one or
24more of the unit owners thereon or of the association, to
25correct the error or omission, and the action may be a class
26action. The court may require that one or more methods of

 

 

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1correcting the error or omission be submitted to the unit
2owners to determine the most acceptable correction. All unit
3owners in the association must be joined as parties to the
4action. Service of process on owners may be by publication, but
5the plaintiff shall furnish all unit owners not personally
6served with process with copies of the petition and final
7judgment of the court by certified mail return receipt
8requested, at their last known address.
9    (6) Nothing contained in this Section shall be construed to
10invalidate any provision of a condominium instrument
11authorizing the developer to amend a condominium instrument
12prior to the latest date on which the initial membership
13meeting of the unit owners must be held, whether or not nor it
14has actually been held, to bring the instrument into compliance
15with the legal requirements of the Federal National Mortgage
16Association, the Federal Home Loan Mortgage Corporation, the
17Federal Housing Administration, the United States Veterans
18Administration or their respective successors and assigns.
19(Source: P.A. 98-282, eff. 1-1-14; 99-472, eff. 6-1-16; revised
209-1-16.)
 
21    Section 740. The Condominium and Common Interest Community
22Ombudsperson Act is amended by changing Section 50 as follows:
 
23    (765 ILCS 615/50)
24    (Section scheduled to be repealed on July 1, 2022)

 

 

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1    Sec. 50. Reports. (a) The Department shall submit an annual
2written report on the activities of the Office to the General
3Assembly. The Department shall submit the first report no later
4than July 1, 2018. Beginning in 2019, the Department shall
5submit the report no later than October 1 of each year. The
6report shall include all of the following:
7        (1) annual workload and performance data, including
8    (i) the number of requests for information; (ii) training,
9    education, or other information provided; (iii) the manner
10    in which education and training was conducted; and (iv) the
11    staff time required to provide the training, education, or
12    other information. For each category of data, the report
13    shall provide subtotals based on the type of question or
14    dispute involved in the request; and
15        (2) where relevant information is available, analysis
16    of the most common and serious types of concerns within
17    condominiums and common interest communities, along with
18    any recommendations for statutory reform to reduce the
19    frequency or severity of those disputes.
20(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
2199-776 for effective date of P.A. 98-1135); 99-776, eff.
228-12-16; revised 10-25-16.)
 
23    Section 745. The Uniform Disposition of Unclaimed Property
24Act is amended by changing Section 8.1 as follows:
 

 

 

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1    (765 ILCS 1025/8.1)  (from Ch. 141, par. 108.1)
2    Sec. 8.1. Property held by governments.
3    (a) All tangible personal property or intangible personal
4property and all debts owed or entrusted funds or other
5property held by any federal, state or local government or
6governmental subdivision, agency, entity, officer or appointee
7thereof, shall be presumed abandoned if the property has
8remained unclaimed for 5 years, except as provided in
9subsection (c).
10    (b) This Section applies to all abandoned property held by
11any federal, state or local government or governmental
12subdivision, agency, entity, officer or appointee thereof, on
13September 3, 1991 (the effective date of Public Act 87-206)
14this amendatory Act of 1991 or at any time thereafter,
15regardless of when the property became or becomes presumptively
16abandoned.
17    (c) United States savings bonds.
18        (1) As used in this subsection, "United States savings
19    bond" means property, tangible or intangible, in the form
20    of a savings bond issued by the United States Treasury,
21    whether in paper, electronic, or paperless form, along with
22    all proceeds thereof in the possession of the State
23    Treasurer.
24        (2) Notwithstanding any provision of this Act to the
25    contrary, a United States savings bond subject to this
26    Section or held or owing in this State by any person shall

 

 

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1    be presumed abandoned when such bond has remained unclaimed
2    and unredeemed for 5 years after its date of final extended
3    maturity.
4        (3) United States savings bonds that are presumed
5    abandoned and unclaimed under paragraph (2) shall escheat
6    to the State of Illinois and all property rights and legal
7    title to and ownership of the United States savings bonds,
8    or proceeds from the bonds, including all rights, powers,
9    and privileges of survivorship of any owner, co-owner, or
10    beneficiary, shall vest solely in the State according to
11    the procedure set forth in paragraphs (4) through (6).
12        (4) Within 180 days after a United States savings bond
13    has been presumed abandoned, in the absence of a claim
14    having been filed with the State Treasurer for the savings
15    bond, the State Treasurer shall commence a civil action in
16    the Circuit Court of Sangamon County for a determination
17    that the United States savings bond bonds has escheated to
18    the State. The State Treasurer may postpone the bringing of
19    the action until sufficient United States savings bonds
20    have accumulated in the State Treasurer's custody to
21    justify the expense of the proceedings.
22        (5) The State Treasurer shall make service by
23    publication in the civil action in accordance with Sections
24    2-206 and 2-207 of the Code of Civil Procedure, which shall
25    include the filing with the Circuit Court of Sangamon
26    County of the affidavit required in Section 2-206 of that

 

 

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1    Code by an employee of the State Treasurer with personal
2    knowledge of the efforts made to contact the owners of
3    United States savings bonds presumed abandoned under this
4    Section. In addition to the diligent inquiries made
5    pursuant to Section 2-206 of the Code of Civil Procedure,
6    the State Treasurer may also utilize additional
7    discretionary means to attempt to provide notice to persons
8    who may own a United States savings bond registered to a
9    person with a last known address in the State of Illinois
10    subject to a civil action pursuant to paragraph (4).
11        (6) The owner of a United States savings bond
12    registered to a person with a last known address in the
13    State of Illinois subject to a civil action pursuant to
14    paragraph (4) may file a claim for such United States
15    savings bond with either the State Treasurer or by filing a
16    claim in the civil action in the Circuit Court of Sangamon
17    County in which the savings bond registered to that person
18    is at issue prior to the entry of a final judgment by the
19    Circuit Court pursuant to this subsection, and unless the
20    Circuit Court determines that such United States savings
21    bond is not owned by the claimant, then such United States
22    savings bond shall no longer be presumed abandoned. If no
23    person files a claim or appears at the hearing to
24    substantiate a disputed claim or if the court determines
25    that a claimant is not entitled to the property claimed by
26    the claimant, then the court, if satisfied by evidence that

 

 

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1    the State Treasurer has substantially complied with the
2    laws of this State, shall enter a judgment that the United
3    States savings bonds have escheated to this State, and all
4    property rights and legal title to and ownership of such
5    United States savings bonds or proceeds from such bonds,
6    including all rights, powers, and privileges of
7    survivorship of any owner, co-owner, or beneficiary, shall
8    vest in this State.
9        (7) The State Treasurer shall redeem from the Bureau of
10    the Fiscal Service of the United States Treasury the United
11    States savings bonds escheated to the State and deposit the
12    proceeds from the redemption of United States savings bonds
13    into the Unclaimed Property Trust Fund.
14        (8) Any person making a claim for the United States
15    savings bonds escheated to the State under this subsection,
16    or for the proceeds from such bonds, may file a claim with
17    the State Treasurer. Upon providing sufficient proof of the
18    validity of such person's claim, the State Treasurer may,
19    in his or her sole discretion, pay such claim. If payment
20    has been made to any claimant, no action thereafter shall
21    be maintained by any other claimant against the State or
22    any officer thereof for or on account of such funds.
23(Source: P.A. 99-556, eff. 1-1-17; 99-577, eff. 1-1-17; revised
249-15-16.)
 
25    Section 750. The Illinois Human Rights Act is amended by

 

 

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1changing Section 4-104 as follows:
 
2    (775 ILCS 5/4-104)  (from Ch. 68, par. 4-104)
3    Sec. 4-104. Exemptions. ) Nothing contained in this Article
4shall prohibit:
5        (A) Sound Underwriting Practices. A financial
6    institution from considering sound underwriting practices
7    in contemplation of any loan to any person. Such practices
8    shall include:
9            (1) The willingness and the financial ability of
10        the borrower to repay the loan.
11            (2) The market value of any real estate or other
12        item of property proposed as security for any loan.
13            (3) Diversification of the financial institution's
14        investment portfolio.
15        (B) Credit-worthiness Information; Credit Systems. A
16    financial institution or a person who offers credit cards
17    from:
18            (1) making an inquiry of the applicant's age,
19        permanent residence, immigration status, or any
20        additional information if such inquiry is for the
21        purpose of determining the amount and probable
22        continuance of income levels, credit history, or other
23        pertinent element of credit-worthiness as provided in
24        regulations of the Department;
25            (2) using any empirically derived credit system

 

 

HB3855 Engrossed- 1427 -LRB100 05985 AMC 16014 b

1        which considers age if such system is demonstrably and
2        statistically sound in accordance with regulations of
3        the Department, except that in the operation of such
4        system the age of an applicant over the age of 62 years
5        may not be assigned a negative factor or value.
6        (C) Special Credit Programs. A financial institution
7    from refusing to extend credit when required to by or
8    pursuant to any:
9            (1) credit assistance program expressly authorized
10        by law for an economically disadvantaged class of
11        persons;
12            (2) credit assistance program administered by a
13        nonprofit organization for its members of an
14        economically disadvantaged class of persons;
15            (3) special purpose credit program offered by a
16        profit-making organization to meet special social
17        needs which meets standards prescribed by the
18        Department in its regulations.
19(Source: P.A. 81-1267; revised 9-1-16.)
 
20    Section 755. The Professional Service Corporation Act is
21amended by changing Section 3.1 as follows:
 
22    (805 ILCS 10/3.1)  (from Ch. 32, par. 415-3.1)
23    Sec. 3.1. "Ancillary personnel" means such persons person
24acting in their customary capacities, employed by those

 

 

HB3855 Engrossed- 1428 -LRB100 05985 AMC 16014 b

1rendering a professional service who:
2        (1) are Are not licensed to engage in the category of
3    professional service for which a professional corporation
4    was formed; and
5        (2) work Work at the direction or under the supervision
6    of those who are so licensed; and
7        (3) do Do not hold themselves out to the public
8    generally as being authorized to engage in the practice of
9    the profession for which the corporation is licensed; and
10        (4) are Are not prohibited by the regulating authority,
11    regulating the category of professional service rendered
12    by the corporation from being so employed and includes
13    clerks, secretaries, technicians and other assistants who
14    are not usually and ordinarily considered by custom and
15    practice to be rendering the professional services for
16    which the corporation was formed.
17(Source: P.A. 99-227, eff. 8-3-15; revised 10-26-16.)
 
18    Section 760. The Medical Corporation Act is amended by
19changing Section 18 as follows:
 
20    (805 ILCS 15/18)  (from Ch. 32, par. 648)
21    Sec. 18. Illinois Administrative Procedure Act. The
22Illinois Administrative Procedure Act is expressly adopted and
23incorporated herein as if all of the provisions of that Act
24were included in this Act, except that the provision of

 

 

HB3855 Engrossed- 1429 -LRB100 05985 AMC 16014 b

1subsection (d) of Section 10-65 of the Illinois Administrative
2Procedure Act, which provides that at hearings the licensee has
3the right to show compliance with all lawful requirements for
4retention, or continuation or renewal of the license, is
5specifically excluded. For the purposes of this Act the notice
6required under Section 10-25 of the Illinois Administrative
7Procedure Act is deemed sufficient when mailed to the last
8known address of a party.
9(Source: P.A. 88-45; revised 9-15-16.)
 
10    Section 765. The Uniform Commercial Code is amended by
11changing Section 2-323 as follows:
 
12    (810 ILCS 5/2-323)  (from Ch. 26, par. 2-323)
13    Sec. 2-323. Form of bill of lading required in overseas
14shipment; "overseas"."
15    (1) Where the contract contemplates overseas shipment and
16contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller
17unless otherwise agreed must obtain a negotiable bill of lading
18stating that the goods have been loaded on board or, in the
19case of a term C.I.F. or C. & F., received for shipment.
20    (2) Where in a case within subsection (1) a tangible bill
21of lading has been issued in a set of parts, unless otherwise
22agreed if the documents are not to be sent from abroad the
23buyer may demand tender of the full set; otherwise only one
24part of the bill of lading need be tendered. Even if the

 

 

HB3855 Engrossed- 1430 -LRB100 05985 AMC 16014 b

1agreement expressly requires a full set:
2        (a) due tender of a single part is acceptable within
3    the provisions of this Article on cure of improper delivery
4    (subsection (1) of Section 2-508); and
5        (b) even though the full set is demanded, if the
6    documents are sent from abroad the person tendering an
7    incomplete set may nevertheless require payment upon
8    furnishing an indemnity which the buyer in good faith deems
9    adequate.
10    (3) A shipment by water or by air or a contract
11contemplating such shipment is "overseas" insofar as by usage
12of trade or agreement it is subject to the commercial,
13financing or shipping practices characteristic of
14international deep water commerce.
15(Source: P.A. 95-895, eff. 1-1-09; revised 9-15-16.)
 
16    Section 770. The Illinois Securities Law of 1953 is amended
17by changing Section 16 as follows:
 
18    (815 ILCS 5/16)  (from Ch. 121 1/2, par. 137.16)
19    Sec. 16. Saving clauses. Notwithstanding any repeal
20provisions of this Act, the provisions of the Act entitled "An
21Act relating to the sale or other disposition of securities and
22providing penalties for the violation thereof and to repeal
23Acts in conflict therewith," approved June 10, 1919, as
24amended, shall remain in force (1) for the prosecution and

 

 

HB3855 Engrossed- 1431 -LRB100 05985 AMC 16014 b

1punishment of any person who, before the effective date of this
2Act, shall have violated any provision of said Act approved
3June 10, 1919, as amended; (2) for carrying out the terms of
4escrow agreements made pursuant to the provisions of said Act
5approved June 10, 1919, as amended, and (3) for the retention,
6enforcement and liquidation of deposits made with the Secretary
7of State pursuant to the provisions of Section 6a of said Act
8approved June 10, 1919, as amended, or of subsection E of
9Section 6 of the "The Illinois Securities Law of 1953",
10approved July 13, 1953, as amended and in effect prior to
11January 1, 1986, which deposits, from and after January 1,
121986, shall be subject to the provisions of subsections G, H,
13and I of Section 6 as if such deposits were made in respect of
14face amount certificate contracts which were registered under
15subsection B of Section 6 on or after January 1, 1986.
16(Source: P.A. 84-1308; revised 10-26-16.)
 
17    Section 775. The Payday Loan Reform Act is amended by
18changing Section 2-5 as follows:
 
19    (815 ILCS 122/2-5)
20    Sec. 2-5. Loan terms.
21    (a) Without affecting the right of a consumer to prepay at
22any time without cost or penalty, no payday loan may have a
23minimum term of less than 13 days.
24    (b) Except for an installment payday loan as defined in

 

 

HB3855 Engrossed- 1432 -LRB100 05985 AMC 16014 b

1this Section, no payday loan may be made to a consumer if the
2loan would result in the consumer being indebted to one or more
3payday lenders for a period in excess of 45 consecutive days.
4Except as provided under subsection (c) of this Section and
5Section 2-40, if a consumer has or has had loans outstanding
6for a period in excess of 45 consecutive days, no payday lender
7may offer or make a loan to the consumer for at least 7
8calendar days after the date on which the outstanding balance
9of all payday loans made during the 45 consecutive day period
10is paid in full. For purposes of this subsection, the term
11"consecutive days" means a series of continuous calendar days
12in which the consumer has an outstanding balance on one or more
13payday loans; however, if a payday loan is made to a consumer
14within 6 days or less after the outstanding balance of all
15loans is paid in full, those days are counted as "consecutive
16days" for purposes of this subsection.
17    (c) Notwithstanding anything in this Act to the contrary, a
18payday loan shall also include any installment loan otherwise
19meeting the definition of payday loan contained in Section
201-10, but that has a term agreed by the parties of not less
21than 112 days and not exceeding 180 days; hereinafter an
22"installment payday loan". The following provisions shall
23apply:
24        (i) Any installment payday loan must be fully
25    amortizing, with a finance charge calculated on the
26    principal balances scheduled to be outstanding and be

 

 

HB3855 Engrossed- 1433 -LRB100 05985 AMC 16014 b

1    repayable in substantially equal and consecutive
2    installments, according to a payment schedule agreed by the
3    parties with not less than 13 days and not more than one
4    month between payments; except that the first installment
5    period may be longer than the remaining installment periods
6    by not more than 15 days, and the first installment payment
7    may be larger than the remaining installment payments by
8    the amount of finance charges applicable to the extra days.
9    In calculating finance charges under this subsection, when
10    the first installment period is longer than the remaining
11    installment periods, the amount of the finance charges
12    applicable to the extra days shall not be greater than
13    $15.50 per $100 of the original principal balance divided
14    by the number of days in a regularly scheduled installment
15    period and multiplied by the number of extra days
16    determined by subtracting the number of days in a regularly
17    scheduled installment period from the number of days in the
18    first installment period.
19        (ii) An installment payday loan may be refinanced by a
20    new installment payday loan one time during the term of the
21    initial loan; provided that the total duration of
22    indebtedness on the initial installment payday loan
23    combined with the total term of indebtedness of the new
24    loan refinancing that initial loan, shall not exceed 180
25    days. For purposes of this Act, a refinancing occurs when
26    an existing installment payday loan is paid from the

 

 

HB3855 Engrossed- 1434 -LRB100 05985 AMC 16014 b

1    proceeds of a new installment payday loan.
2        (iii) In the event an installment payday loan is paid
3    in full prior to the date on which the last scheduled
4    installment payment before maturity is due, other than
5    through a refinancing, no licensee may offer or make a
6    payday loan to the consumer for at least 2 calendar days
7    thereafter.
8        (iv) No installment payday loan may be made to a
9    consumer if the loan would result in the consumer being
10    indebted to one or more payday lenders for a period in
11    excess of 180 consecutive days. The term "consecutive days"
12    does not include the date on which a consumer makes the
13    final installment payment.
14    (d) (Blank).
15    (e) No lender may make a payday loan to a consumer if the
16total of all payday loan payments coming due within the first
17calendar month of the loan, when combined with the payment
18amount of all of the consumer's other outstanding payday loans
19coming due within the same month, exceeds the lesser of:
20        (1) $1,000; or
21        (2) in the case of one or more payday loans, 25% of the
22    consumer's gross monthly income; or
23        (3) in the case of one or more installment payday
24    loans, 22.5% of the consumer's gross monthly income; or
25        (4) in the case of a payday loan and an installment
26    payday loan, 22.5% of the consumer's gross monthly income.

 

 

HB3855 Engrossed- 1435 -LRB100 05985 AMC 16014 b

1    No loan shall be made to a consumer who has an outstanding
2balance on 2 payday loans, except that, for a period of 12
3months after March 21, 2011 (the effective date of Public Act
496-936) this amendatory Act of the 96th General Assembly,
5consumers with an existing CILA loan may be issued an
6installment loan issued under this Act from the company from
7which their CILA loan was issued.
8    (e-5) Except as provided in subsection (c)(i), no lender
9may charge more than $15.50 per $100 loaned on any payday loan,
10or more than $15.50 per $100 on the initial principal balance
11and on the principal balances scheduled to be outstanding
12during any installment period on any installment payday loan.
13Except for installment payday loans and except as provided in
14Section 2-25, this charge is considered fully earned as of the
15date on which the loan is made. For purposes of determining the
16finance charge earned on an installment payday loan, the
17disclosed annual percentage rate shall be applied to the
18principal balances outstanding from time to time until the loan
19is paid in full, or until the maturity date, whichever which
20ever occurs first. No finance charge may be imposed after the
21final scheduled maturity date.
22    When any loan contract is paid in full, the licensee shall
23refund any unearned finance charge. The unearned finance charge
24that is refunded shall be calculated based on a method that is
25at least as favorable to the consumer as the actuarial method,
26as defined by the federal Truth in Lending Act. The sum of the

 

 

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1digits or rule of 78ths method of calculating prepaid interest
2refunds is prohibited.
3    (f) A lender may not take or attempt to take an interest in
4any of the consumer's personal property to secure a payday
5loan.
6    (g) A consumer has the right to redeem a check or any other
7item described in the definition of payday loan under Section
81-10 issued in connection with a payday loan from the lender
9holding the check or other item at any time before the payday
10loan becomes payable by paying the full amount of the check or
11other item.
12(Source: P.A. 96-936, eff. 3-21-11; 97-421, eff. 1-1-12;
13revised 9-15-16.)
 
14    Section 780. The High Risk Home Loan Act is amended by
15changing Section 10 as follows:
 
16    (815 ILCS 137/10)
17    Sec. 10. Definitions. As used in this Act:
18    "Approved credit counselor" means a credit counselor
19approved by the Director of Financial Institutions.
20    "Bona fide discount points" means loan discount points that
21are knowingly paid by the consumer for the purpose of reducing,
22and that in fact result in a bona fide reduction of, the
23interest rate or time price differential applicable to the
24mortgage.

 

 

HB3855 Engrossed- 1437 -LRB100 05985 AMC 16014 b

1    "Borrower" means a natural person who seeks or obtains a
2high risk home loan.
3    "Commissioner" means the Commissioner of the Office of
4Banks and Real Estate.
5    "Department" means the Department of Financial
6Institutions.
7    "Director" means the Director of Financial Institutions.
8    "Good faith" means honesty in fact in the conduct or
9transaction concerned.
10    "High risk home loan" means a consumer credit transaction,
11other than a reverse mortgage, that is secured by the
12consumer's principal dwelling if: (i) at the time of
13origination, the annual percentage rate exceeds by more than 6
14percentage points in the case of a first lien mortgage, or by
15more than 8 percentage points in the case of a junior mortgage,
16the average prime offer rate, as defined in Section
17129C(b)(2)(B) of the federal Truth in Lending Act, for a
18comparable transaction as of the date on which the interest
19rate for the transaction is set, or if the dwelling is personal
20property, then as provided under 15 U.S.C. 1602(bb), as
21amended, and any corresponding regulation, as amended, (ii) the
22loan documents permit the creditor to charge or collect
23prepayment fees or penalties more than 36 months after the
24transaction closing or such fees exceed, in the aggregate, more
25than 2% of the amount prepaid, or (iii) the total points and
26fees payable in connection with the transaction, other than

 

 

HB3855 Engrossed- 1438 -LRB100 05985 AMC 16014 b

1bona fide third-party charges not retained by the mortgage
2originator, creditor, or an affiliate of the mortgage
3originator or creditor, will exceed (1) 5% of the total loan
4amount in the case of a transaction for $20,000 (or such other
5dollar amount as prescribed by federal regulation pursuant to
6the federal Dodd-Frank Act) or more or (2) the lesser of 8% of
7the total loan amount or $1,000 (or such other dollar amount as
8prescribed by federal regulation pursuant to the federal
9Dodd-Frank Act) in the case of a transaction for less than
10$20,000 (or such other dollar amount as prescribed by federal
11regulation pursuant to the federal Dodd-Frank Act), except
12that, with respect to all transactions, bona fide loan discount
13points may be excluded as provided for in Section 35 of this
14Act. "High risk home loan" does not include a loan that is made
15primarily for a business purpose unrelated to the residential
16real property securing the loan or a consumer credit
17transaction made by a natural person who provides seller
18financing secured by a principal residence no more than 3 times
19in a 12-month period, provided such consumer credit transaction
20is not made by a person that has constructed or acted as a
21contractor for the construction of the residence in the
22ordinary course of business of such person.
23    "Lender" means a natural or artificial person who
24transfers, deals in, offers, or makes a high risk home loan.
25"Lender" includes, but is not limited to, creditors and brokers
26who transfer, deal in, offer, or make high risk home loans.

 

 

HB3855 Engrossed- 1439 -LRB100 05985 AMC 16014 b

1"Lender" does not include purchasers, assignees, or subsequent
2holders of high risk home loans.
3    "Office" means the Office of Banks and Real Estate.
4    "Points and fees" means all items considered to be points
5and fees under 12 CFR 226.32 (2000, or as initially amended
6pursuant to Section 1431 of the federal Dodd-Frank Act with no
7subsequent amendments or editions included, whichever is
8later); compensation paid directly or indirectly by a consumer
9or creditor to a mortgage broker from any source, including a
10broker that originates a loan in its own name in a table-funded
11transaction, not otherwise included in 12 CFR 226.4; the
12maximum prepayment fees and penalties that may be charged or
13collected under the terms of the credit transaction; all
14prepayment fees or penalties that are incurred by the consumer
15if the loan refinances a previous loan made or currently held
16by the same creditor or an affiliate of the creditor; and
17premiums or other charges payable at or before closing or
18financed directly or indirectly into the loan for any credit
19life, credit disability, credit unemployment, credit property,
20other accident, loss of income, life, or health insurance or
21payments directly or indirectly for any debt cancellation or
22suspension agreement or contract, except that insurance
23premiums or debt cancellation or suspension fees calculated and
24paid in full on a monthly basis shall not be considered
25financed by the creditor. "Points and fees" does not include
26any insurance premium provided by an agency of the federal

 

 

HB3855 Engrossed- 1440 -LRB100 05985 AMC 16014 b

1government or an agency of a state; any insurance premium paid
2by the consumer after closing; and any amount of a premium,
3charge, or fee that is not in excess of the amount payable
4under policies in effect at the time of origination under
5Section 203(c)(2)(A) of the National Housing Act (12 U.S.C.
61709(c)(2)(A)), provided that the premium, charge, or fee is
7required to be refundable on a pro-rated basis and the refund
8is automatically issued upon notification of the satisfaction
9of the underlying mortgage loan.
10    "Prepayment penalty" and "prepayment fees or penalties"
11mean: (i) for a closed-end credit transaction, a charge imposed
12for paying all or part of the transaction's principal before
13the date on which the principal is due, other than a waived,
14bona fide third-party charge that the creditor imposes if the
15consumer prepays all of the transaction's transactions's
16principal sooner than 36 months after consummation and (ii) for
17an open-end credit plan, a charge imposed by the creditor if
18the consumer terminates the open-end credit plan prior to the
19end of its term, other than a waived, bona fide third-party
20charge that the creditor imposes if the consumer terminates the
21open-end credit plan sooner than 36 months after account
22opening.
23    "Reasonable" means fair, proper, just, or prudent under the
24circumstances.
25    "Servicer" means any entity chartered under the Illinois
26Banking Act, the Savings Bank Act, the Illinois Credit Union

 

 

HB3855 Engrossed- 1441 -LRB100 05985 AMC 16014 b

1Act, or the Illinois Savings and Loan Act of 1985 and any
2person or entity licensed under the Residential Mortgage
3License Act of 1987, the Consumer Installment Loan Act, or the
4Sales Finance Agency Act who is responsible for the collection
5or remittance for, or has the right or obligation to collect or
6remit for, any lender, note owner, or note holder or for a
7licensee's own account, of payments, interest, principal, and
8trust items (such as hazard insurance and taxes on a
9residential mortgage loan) in accordance with the terms of the
10residential mortgage loan, including loan payment follow-up,
11delinquency loan follow-up, loan analysis, and any
12notifications to the borrower that are necessary to enable the
13borrower to keep the loan current and in good standing.
14    "Total loan amount" has the same meaning as that term is
15given in 12 CFR 226.32 and shall be calculated in accordance
16with the Federal Reserve Board's Official Staff Commentary to
17that regulation.
18(Source: P.A. 99-150, eff. 7-28-15; 99-288, eff. 8-5-15;
1999-642, eff. 7-28-16; revised 10-27-16.)
 
20    Section 785. The Illinois Loan Brokers Act of 1995 is
21amended by changing Section 15-80 as follows:
 
22    (815 ILCS 175/15-80)
23    Sec. 15-80. Persons exempt from registration and other
24duties; burden of proof thereof.

 

 

HB3855 Engrossed- 1442 -LRB100 05985 AMC 16014 b

1    (a) The following persons are exempt from the requirements
2of Sections 15-10, 15-15, 15-20, 15-25, 15-30, 15-35, 15-40,
3and 15-75 of this Act:
4        (1) Any attorney while engaging in the practice of law.
5        (2) Any certified public accountant licensed to
6    practice in Illinois, while engaged in practice as a
7    certified public accountant and whose service in relation
8    to procurement of a loan is incidental to his or her
9    practice.
10        (3) Any person licensed to engage in business as a real
11    estate broker or salesperson in Illinois while rendering
12    services in the ordinary course of a transaction in which a
13    license as a real estate broker or salesperson is required.
14        (4) Any dealer, salesperson or investment adviser
15    registered under the Illinois Securities Law of 1953, or an
16    investment advisor, representative, or any person who is
17    regularly engaged in the business of offering or selling
18    securities in a transaction exempted under subsection C, H,
19    M, R, Q, or S of Section 4 of the Illinois Securities Law
20    of 1953 or subsection G of Section 4 of the Illinois
21    Securities Law of 1953 provided that such person is
22    registered under the federal securities law.
23        (4.1) An associated person described in subdivision
24    (h)(2) of Section 15 of the Federal 1934 Act.
25        (4.2) An investment adviser registered pursuant to
26    Section 203 of the Federal 1940 Investment Advisers

 

 

HB3855 Engrossed- 1443 -LRB100 05985 AMC 16014 b

1    Advisors Act.
2        (4.3) A person described in subdivision (a)(11) of
3    Section 202 of the Federal 1940 Investment Advisers
4    Advisors Act.
5        (5) Any person whose fee is wholly contingent on the
6    successful procurement of a loan from a third party and to
7    whom no fee, other than a bona fide third party fee, is
8    paid before the procurement.
9        (6) Any person who is a creditor, or proposed to be a
10    creditor, for any loan.
11        (7) (Blank).
12        (8) Any person regulated by the Department of Financial
13    Institutions or the Office of Banks and Real Estate, or any
14    insurance producer or company authorized to do business in
15    this State.
16    (b) As used in this Section, "bona fide third party fee"
17includes fees for:
18        (1) Credit reports, appraisals and investigations.
19        (2) If the loan is to be secured by real property,
20    title examinations, an abstract of title, title insurance,
21    a property survey and similar purposes.
22    (c) As used in this Section, "successful procurement of a
23loan" means that a binding commitment from a creditor to
24advance money has been received and accepted by the borrower.
25    (d) The burden of proof of any exemption provided in this
26Act shall be on the party claiming the exemption.

 

 

HB3855 Engrossed- 1444 -LRB100 05985 AMC 16014 b

1(Source: P.A. 90-70, eff. 7-8-97; 91-435, eff. 8-6-99; revised
29-15-16.)
 
3    Section 790. The Illinois Business Brokers Act of 1995 is
4amended by changing Section 10-80 as follows:
 
5    (815 ILCS 307/10-80)
6    Sec. 10-80. Persons exempt from registration and other
7duties under law; burden of proof thereof.
8    (a) The following persons are exempt from the requirements
9of this Act:
10        (1) Any attorney who is licensed to practice in this
11    State, while engaged in the practice of law and whose
12    service in relation to the business broker transaction is
13    incidental to the attorney's practice.
14        (2) Any person licensed as a real estate broker or
15    salesperson under the Illinois Real Estate License Act of
16    2000 who is primarily engaged in business activities for
17    which a license is required under that Act and who, on an
18    incidental basis, acts as a business broker.
19        (3) Any dealer, salesperson, or investment adviser
20    registered pursuant to the Illinois Securities Law of 1953
21    or any investment adviser representative, or any person who
22    is regularly engaged in the business of offering or selling
23    securities in a transaction exempted under subsection C, H,
24    M, R, Q, or S of Section 4 of the Illinois Securities Law

 

 

HB3855 Engrossed- 1445 -LRB100 05985 AMC 16014 b

1    of 1953 or subsection G of Section 4 of the Illinois
2    Securities Law of 1953 provided that such person is
3    registered pursuant to federal securities law.
4        (4) An associated person described in subdivision
5    (h)(2) of Section 15 of the Federal 1934 Act.
6        (5) An investment adviser registered pursuant to
7    Section 203 of the Federal 1940 Investment Advisers
8    Advisors Act.
9        (6) A person described in subdivision (a)(11) of
10    Section 202 of the Federal 1940 Investment Advisers
11    Advisors Act.
12        (7) Any person who is selling a business owned or
13    operated (in whole or in part) by that person in a one time
14    transaction.
15    (b) This Act shall not be deemed to apply in any manner,
16directly or indirectly, to: (i) a State bank or national bank,
17as those terms are defined in the Illinois Banking Act, or any
18subsidiary of a State bank or national bank; (ii) a bank
19holding company, as that term is defined in the Illinois Bank
20Holding Company Act of 1957, or any subsidiary of a bank
21holding company; (iii) a foreign banking corporation, as that
22term is defined in the Foreign Banking Office Act, or any
23subsidiary of a foreign banking corporation; (iv) a
24representative office, as that term is defined in the Foreign
25Bank Representative Office Act; (v) a corporate fiduciary, as
26that term is defined in the Corporate Fiduciary Act, or any

 

 

HB3855 Engrossed- 1446 -LRB100 05985 AMC 16014 b

1subsidiary of a corporate fiduciary; (vi) a savings bank
2organized under the Savings Bank Act, or a federal savings bank
3organized under federal law, or any subsidiary of a savings
4bank or federal savings bank; (vii) a savings bank holding
5company organized under the Savings Bank Act, or any subsidiary
6of a savings bank holding company; (viii) an association or
7federal association, as those terms are defined in the Illinois
8Savings and Loan Act of 1985, or any subsidiary of an
9association or federal association; (ix) a foreign savings and
10loan association or foreign savings bank subject to the
11Illinois Savings and Loan Act of 1985, or any subsidiary of a
12foreign savings and loan association or foreign savings bank;
13or (x) a savings and loan association holding company, as that
14term is defined in the Illinois Savings and Loan Act of 1985,
15or any subsidiary of a savings and loan association holding
16company.
17    (b-1) Any franchise seller as defined in the Federal Trade
18Commission rule entitled Disclosure Requirements and
19Prohibitions Concerning Franchising, 16 C.F.R. Part 436, as it
20may be amended, is exempt from the requirements of this Act.
21    (b-2) Any certified public accountant licensed to practice
22in Illinois, while engaged in the practice as a certified
23public accountant and whose service in relation to the business
24broker transaction is incidental to his or her practice, is
25exempt from the requirements of this Act.
26    (b-3) Any publisher, or regular employee of such publisher,

 

 

HB3855 Engrossed- 1447 -LRB100 05985 AMC 16014 b

1of a bona fide newspaper or news magazine of regular and
2established paid circulation who, in the routine course of
3selling advertising, advertises businesses for sale and in
4which no other related services are provided is exempt from the
5requirements of this Act.
6    (c) The burden of proof of any exemption or classification
7provided in this Act shall be on the party claiming the
8exemption or classification.
9(Source: P.A. 96-648, eff. 10-1-09; revised 9-15-16.)
 
10    Section 800. The Personal Information Protection Act is
11amended by changing Section 10 as follows:
 
12    (815 ILCS 530/10)
13    Sec. 10. Notice of breach.
14    (a) Any data collector that owns or licenses personal
15information concerning an Illinois resident shall notify the
16resident at no charge that there has been a breach of the
17security of the system data following discovery or notification
18of the breach. The disclosure notification shall be made in the
19most expedient time possible and without unreasonable delay,
20consistent with any measures necessary to determine the scope
21of the breach and restore the reasonable integrity, security,
22and confidentiality of the data system. The disclosure
23notification to an Illinois resident shall include, but need
24not be limited to, information as follows:

 

 

HB3855 Engrossed- 1448 -LRB100 05985 AMC 16014 b

1        (1) With respect to personal information as defined in
2    Section 5 in paragraph (1) of the definition of "personal
3    information":
4            (A) the toll-free numbers and addresses for
5        consumer reporting agencies;
6            (B) the toll-free number, address, and website
7        address for the Federal Trade Commission; and
8            (C) a statement that the individual can obtain
9        information from these sources about fraud alerts and
10        security freezes.
11        The notification shall not, however, include
12    information concerning the number of Illinois residents
13    affected by the breach.
14        (2) With respect to personal information defined in
15    Section 5 in paragraph (2) of the definition of "personal
16    information", notice may be provided in electronic or other
17    form directing the Illinois resident whose personal
18    information has been breached to promptly change his or her
19    user name or password and security question or answer, as
20    applicable, or to take other steps appropriate to protect
21    all online accounts for which the resident uses the same
22    user name or email address and password or security
23    question and answer.
24    The notification shall not, however, include information
25concerning the number of Illinois residents affected by the
26breach.

 

 

HB3855 Engrossed- 1449 -LRB100 05985 AMC 16014 b

1    (b) Any data collector that maintains or stores, but does
2not own or license, computerized data that includes personal
3information that the data collector does not own or license
4shall notify the owner or licensee of the information of any
5breach of the security of the data immediately following
6discovery, if the personal information was, or is reasonably
7believed to have been, acquired by an unauthorized person. In
8addition to providing such notification to the owner or
9licensee, the data collector shall cooperate with the owner or
10licensee in matters relating to the breach. That cooperation
11shall include, but need not be limited to, (i) informing the
12owner or licensee of the breach, including giving notice of the
13date or approximate date of the breach and the nature of the
14breach, and (ii) informing the owner or licensee of any steps
15the data collector has taken or plans to take relating to the
16breach. The data collector's cooperation shall not, however, be
17deemed to require either the disclosure of confidential
18business information or trade secrets or the notification of an
19Illinois resident who may have been affected by the breach.
20    (b-5) The notification to an Illinois resident required by
21subsection (a) of this Section may be delayed if an appropriate
22law enforcement agency determines that notification will
23interfere with a criminal investigation and provides the data
24collector with a written request for the delay. However, the
25data collector must notify the Illinois resident as soon as
26notification will no longer interfere with the investigation.

 

 

HB3855 Engrossed- 1450 -LRB100 05985 AMC 16014 b

1    (c) For purposes of this Section, notice to consumers may
2be provided by one of the following methods:
3        (1) written notice;
4        (2) electronic notice, if the notice provided is
5    consistent with the provisions regarding electronic
6    records and signatures for notices legally required to be
7    in writing as set forth in Section 7001 of Title 15 of the
8    United States Code; or
9        (3) substitute notice, if the data collector
10    demonstrates that the cost of providing notice would exceed
11    $250,000 or that the affected class of subject persons to
12    be notified exceeds 500,000, or the data collector does not
13    have sufficient contact information. Substitute notice
14    shall consist of all of the following: (i) email notice if
15    the data collector has an email address for the subject
16    persons; (ii) conspicuous posting of the notice on the data
17    collector's web site page if the data collector maintains
18    one; and (iii) notification to major statewide media or, if
19    the breach impacts residents in one geographic area, to
20    prominent local media in areas where affected individuals
21    are likely to reside if such notice is reasonably
22    calculated to give actual notice to persons whom notice is
23    required.
24    (d) Notwithstanding any other subsection in this Section, a
25data collector that maintains its own notification procedures
26as part of an information security policy for the treatment of

 

 

HB3855 Engrossed- 1451 -LRB100 05985 AMC 16014 b

1personal information and is otherwise consistent with the
2timing requirements of this Act, shall be deemed in compliance
3with the notification requirements of this Section if the data
4collector notifies subject persons in accordance with its
5policies in the event of a breach of the security of the system
6data.
7(Source: P.A. 99-503, eff. 1-1-17; revised 9-15-16.)
 
8    Section 805. The Business Opportunity Sales Law of 1995 is
9amended by changing Section 5-15 as follows:
 
10    (815 ILCS 602/5-15)
11    Sec. 5-15. Denial or revocation of exemptions.
12    (a) The Secretary of State may by order deny or revoke any
13exemption specified in Section 5-10 of this Law with respect to
14a particular offering of one or more business opportunities. No
15such order may be entered without appropriate prior notice to
16all interested parties, opportunity for hearing, and written
17findings of fact and conclusions of law.
18    (b) If the public interest or the protection of purchasers
19so requires, the Secretary of State may by summary order deny
20or revoke any of the specified exemptions pending final
21determination of any proceedings under this Section. Upon the
22entry of the order, the Secretary of State shall promptly
23notify all interested parties that it has been entered and of
24the reasons therefor and that the matter will be set for

 

 

HB3855 Engrossed- 1452 -LRB100 05985 AMC 16014 b

1hearing upon written request filed with the Secretary of State
2within 30 days after the receipt of the request by the
3respondent. If no hearing is requested and none is ordered by
4the Secretary of State, the order will remain in effect until
5it is modified or vacated by the Secretary of State. If a
6hearing is requested and none is ordered by the Secretary of
7State, the order will remain in effect until it is modified or
8vacated by the Secretary of State. If a hearing is requested or
9ordered, the Secretary of State, after notice of an opportunity
10for hearing to all interested persons, may modify or vacate the
11order or extend it until final determination.
12    (c) No order under this Section may operate retroactively.
13    (d) No person may be considered to have violated Section
145-25 by reason of any offer or sale effected after the entry of
15an order under paragraph (1) of Section 5-65 of this Law if he
16or she sustains the burden of proof that he or she did not
17know, and in the exercise of reasonable care could not have
18known, of the order.
19    (e) Notwithstanding any provision to the contrary, this Law
20shall not apply to (i) any dealer, salesperson, or investment
21adviser registered under the Illinois Securities Law of 1953 or
22any investment adviser representative, or any person who is
23regularly engaged in the business of offering or selling
24securities in a transaction exempted under subsection C, H, M,
25R, Q, or S of Section 4 of the Illinois Securities Law of 1953
26or subsection G of Section 4 of the Illinois Securities Law of

 

 

HB3855 Engrossed- 1453 -LRB100 05985 AMC 16014 b

11953 provided that such person is registered under the federal
2securities law, (ii) an associated person described in
3subdivision (h)(2) of Section 15 of the Federal 1934 Act, (iii)
4an investment adviser registered under Section 203 of the
5Federal 1940 Investment Advisers Advisors Act, or (iv) a person
6described in subdivision (a)(11) of Section 202 of the Federal
71940 Investment Advisers Advisors Act.
8    (f) This Law shall not be deemed to apply in any manner,
9directly or indirectly, to: (i) a State bank or national bank,
10as those terms are defined in the Illinois Banking Act, or any
11subsidiary of a State bank or national bank; (ii) a bank
12holding company, as that term is defined in the Illinois Bank
13Holding Company Act of 1957, or any subsidiary of a bank
14holding company; (iii) a foreign banking corporation, as that
15term is defined in the Foreign Banking Office Act, or any
16subsidiary of a foreign banking corporation; (iv) a
17representative office, as that term is defined in the Foreign
18Bank Representative Office Act, (v) a corporate fiduciary, as
19that term is defined in the Corporate Fiduciary Act, or any
20subsidiary of a corporate fiduciary; (vi) a savings bank
21organized under the Savings Bank Act, or a federal savings bank
22organized under federal law, or any subsidiary of a savings
23bank or federal savings bank; (vii) a savings bank holding
24company organized under the Savings Bank Act, or any subsidiary
25of a savings bank holding company; (viii) an association or
26federal association, as those terms are defined in the Illinois

 

 

HB3855 Engrossed- 1454 -LRB100 05985 AMC 16014 b

1Savings and Loan Act of 1985, or any subsidiary of an
2association or federal association; (ix) a foreign savings and
3loan association or foreign savings bank subject to the
4Illinois Savings and Loan Act of 1985, or any subsidiary of a
5foreign savings and loan association or foreign savings bank;
6or (x) a savings and loan association holding company, as that
7term is defined in the Illinois Savings and Loan Act of 1985,
8or any subsidiary of a savings and loan association holding
9company.
10(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97; revised
119-15-16.)
 
12    Section 810. The Contractor Prompt Payment Act is amended
13by changing Section 10 as follows:
 
14    (815 ILCS 603/10)
15    Sec. 10. Construction contracts. All construction
16contracts shall be deemed to provide the following:
17        (1) If a contractor has performed in accordance with
18    the provisions of a construction contract and the payment
19    application has been approved by the owner or the owner's
20    agent, the owner shall pay the amount due to the contractor
21    pursuant to the payment application not more than 15
22    calendar days after the approval. The payment application
23    shall be deemed approved 25 days after the owner receives
24    it unless the owner provides, before the end of the 25-day

 

 

HB3855 Engrossed- 1455 -LRB100 05985 AMC 16014 b

1    period, a written statement of the amount withheld and the
2    reason for withholding payment. If the owner finds that a
3    portion of the work is not in accordance with the contract,
4    payment may be withheld for the reasonable value of that
5    portion only. Payment shall be made for any portion of the
6    contract for which the work has been performed in
7    accordance with the provisions of the contract.
8    Instructions or notification from an owner to his or her
9    lender or architect to process or pay a payment application
10    does not constitute approval of the payment application
11    under this Act.
12        (2) If a subcontractor has performed in accordance with
13    the provisions of his or her contract with the contractor
14    or subcontractor and the work has been accepted by the
15    owner, the owner's agent, or the contractor, the contractor
16    shall pay to his or her subcontractor and the subcontractor
17    shall pay to his or her subcontractor, within 15 calendar
18    days of the contractor's receipt from the owner or the
19    subcontractor's receipt from the contractor of each
20    periodic payment, final payment, or receipt of retainage
21    monies, the full amount received for the work of the
22    subcontractor based on the work completed or the services
23    rendered under the construction contract.
24(Source: P.A. 95-567, eff. 8-31-07; revised 9-15-16.)
 
25    Section 815. The Motor Vehicle Franchise Act is amended by

 

 

HB3855 Engrossed- 1456 -LRB100 05985 AMC 16014 b

1changing Section 4 as follows:
 
2    (815 ILCS 710/4)  (from Ch. 121 1/2, par. 754)
3    Sec. 4. Unfair competition and practices.
4    (a) The unfair methods of competition and unfair and
5deceptive acts or practices listed in this Section are hereby
6declared to be unlawful. In construing the provisions of this
7Section, the courts may be guided by the interpretations of the
8Federal Trade Commission Act (15 U.S.C. 45 et seq.), as from
9time to time amended.
10    (b) It shall be deemed a violation for any manufacturer,
11factory branch, factory representative, distributor or
12wholesaler, distributor branch, distributor representative or
13motor vehicle dealer to engage in any action with respect to a
14franchise which is arbitrary, in bad faith or unconscionable
15and which causes damage to any of the parties or to the public.
16    (c) It shall be deemed a violation for a manufacturer, a
17distributor, a wholesaler, a distributor branch or division, a
18factory branch or division, or a wholesale branch or division,
19or officer, agent or other representative thereof, to coerce,
20or attempt to coerce, any motor vehicle dealer:
21        (1) to accept, buy or order any motor vehicle or
22    vehicles, appliances, equipment, parts or accessories
23    therefor, or any other commodity or commodities or service
24    or services which such motor vehicle dealer has not
25    voluntarily ordered or requested except items required by

 

 

HB3855 Engrossed- 1457 -LRB100 05985 AMC 16014 b

1    applicable local, state or federal law; or to require a
2    motor vehicle dealer to accept, buy, order or purchase such
3    items in order to obtain any motor vehicle or vehicles or
4    any other commodity or commodities which have been ordered
5    or requested by such motor vehicle dealer;
6        (2) to order or accept delivery of any motor vehicle
7    with special features, appliances, accessories or
8    equipment not included in the list price of the motor
9    vehicles as publicly advertised by the manufacturer
10    thereof, except items required by applicable law; or
11        (3) to order for anyone any parts, accessories,
12    equipment, machinery, tools, appliances or any commodity
13    whatsoever, except items required by applicable law.
14    (d) It shall be deemed a violation for a manufacturer, a
15distributor, a wholesaler, a distributor branch or division, or
16officer, agent or other representative thereof:
17        (1) to adopt, change, establish or implement a plan or
18    system for the allocation and distribution of new motor
19    vehicles to motor vehicle dealers which is arbitrary or
20    capricious or to modify an existing plan so as to cause the
21    same to be arbitrary or capricious;
22        (2) to fail or refuse to advise or disclose to any
23    motor vehicle dealer having a franchise or selling
24    agreement, upon written request therefor, the basis upon
25    which new motor vehicles of the same line make are
26    allocated or distributed to motor vehicle dealers in the

 

 

HB3855 Engrossed- 1458 -LRB100 05985 AMC 16014 b

1    State and the basis upon which the current allocation or
2    distribution is being made or will be made to such motor
3    vehicle dealer;
4        (3) to refuse to deliver in reasonable quantities and
5    within a reasonable time after receipt of dealer's order,
6    to any motor vehicle dealer having a franchise or selling
7    agreement for the retail sale of new motor vehicles sold or
8    distributed by such manufacturer, distributor, wholesaler,
9    distributor branch or division, factory branch or division
10    or wholesale branch or division, any such motor vehicles as
11    are covered by such franchise or selling agreement
12    specifically publicly advertised in the State by such
13    manufacturer, distributor, wholesaler, distributor branch
14    or division, factory branch or division, or wholesale
15    branch or division to be available for immediate delivery.
16    However, the failure to deliver any motor vehicle shall not
17    be considered a violation of this Act if such failure is
18    due to an act of God, a work stoppage or delay due to a
19    strike or labor difficulty, a shortage of materials, a lack
20    of manufacturing capacity, a freight embargo or other cause
21    over which the manufacturer, distributor, or wholesaler,
22    or any agent thereof has no control;
23        (4) to coerce, or attempt to coerce, any motor vehicle
24    dealer to enter into any agreement with such manufacturer,
25    distributor, wholesaler, distributor branch or division,
26    factory branch or division, or wholesale branch or

 

 

HB3855 Engrossed- 1459 -LRB100 05985 AMC 16014 b

1    division, or officer, agent or other representative
2    thereof, or to do any other act prejudicial to the dealer
3    by threatening to reduce his allocation of motor vehicles
4    or cancel any franchise or any selling agreement existing
5    between such manufacturer, distributor, wholesaler,
6    distributor branch or division, or factory branch or
7    division, or wholesale branch or division, and the dealer.
8    However, notice in good faith to any motor vehicle dealer
9    of the dealer's violation of any terms or provisions of
10    such franchise or selling agreement or of any law or
11    regulation applicable to the conduct of a motor vehicle
12    dealer shall not constitute a violation of this Act;
13        (5) to require a franchisee to participate in an
14    advertising campaign or contest or any promotional
15    campaign, or to purchase or lease any promotional
16    materials, training materials, show room or other display
17    decorations or materials at the expense of the franchisee;
18        (6) to cancel or terminate the franchise or selling
19    agreement of a motor vehicle dealer without good cause and
20    without giving notice as hereinafter provided; to fail or
21    refuse to extend the franchise or selling agreement of a
22    motor vehicle dealer upon its expiration without good cause
23    and without giving notice as hereinafter provided; or, to
24    offer a renewal, replacement or succeeding franchise or
25    selling agreement containing terms and provisions the
26    effect of which is to substantially change or modify the

 

 

HB3855 Engrossed- 1460 -LRB100 05985 AMC 16014 b

1    sales and service obligations or capital requirements of
2    the motor vehicle dealer arbitrarily and without good cause
3    and without giving notice as hereinafter provided
4    notwithstanding any term or provision of a franchise or
5    selling agreement.
6            (A) If a manufacturer, distributor, wholesaler,
7        distributor branch or division, factory branch or
8        division or wholesale branch or division intends to
9        cancel or terminate a franchise or selling agreement or
10        intends not to extend or renew a franchise or selling
11        agreement on its expiration, it shall send a letter by
12        certified mail, return receipt requested, to the
13        affected franchisee at least 60 days before the
14        effective date of the proposed action, or not later
15        than 10 days before the proposed action when the reason
16        for the action is based upon either of the following:
17                (i) the business operations of the franchisee
18            have been abandoned or the franchisee has failed to
19            conduct customary sales and service operations
20            during customary business hours for at least 7
21            consecutive business days unless such closing is
22            due to an act of God, strike or labor difficulty or
23            other cause over which the franchisee has no
24            control; or
25                (ii) the conviction of or plea of nolo
26            contendere by the motor vehicle dealer or any

 

 

HB3855 Engrossed- 1461 -LRB100 05985 AMC 16014 b

1            operator thereof in a court of competent
2            jurisdiction to an offense punishable by
3            imprisonment for more than two years.
4            Each notice of proposed action shall include a
5        detailed statement setting forth the specific grounds
6        for the proposed cancellation, termination, or refusal
7        to extend or renew and shall state that the dealer has
8        only 30 days from receipt of the notice to file with
9        the Motor Vehicle Review Board a written protest
10        against the proposed action.
11            (B) If a manufacturer, distributor, wholesaler,
12        distributor branch or division, factory branch or
13        division or wholesale branch or division intends to
14        change substantially or modify the sales and service
15        obligations or capital requirements of a motor vehicle
16        dealer as a condition to extending or renewing the
17        existing franchise or selling agreement of such motor
18        vehicle dealer, it shall send a letter by certified
19        mail, return receipt requested, to the affected
20        franchisee at least 60 days before the date of
21        expiration of the franchise or selling agreement. Each
22        notice of proposed action shall include a detailed
23        statement setting forth the specific grounds for the
24        proposed action and shall state that the dealer has
25        only 30 days from receipt of the notice to file with
26        the Motor Vehicle Review Board a written protest

 

 

HB3855 Engrossed- 1462 -LRB100 05985 AMC 16014 b

1        against the proposed action.
2            (C) Within 30 days from receipt of the notice under
3        subparagraphs (A) and (B), the franchisee may file with
4        the Board a written protest against the proposed
5        action.
6            When the protest has been timely filed, the Board
7        shall enter an order, fixing a date (within 60 days of
8        the date of the order), time, and place of a hearing on
9        the protest required under Sections 12 and 29 of this
10        Act, and send by certified mail, return receipt
11        requested, a copy of the order to the manufacturer that
12        filed the notice of intention of the proposed action
13        and to the protesting dealer or franchisee.
14            The manufacturer shall have the burden of proof to
15        establish that good cause exists to cancel or
16        terminate, or fail to extend or renew the franchise or
17        selling agreement of a motor vehicle dealer or
18        franchisee, and to change substantially or modify the
19        sales and service obligations or capital requirements
20        of a motor vehicle dealer as a condition to extending
21        or renewing the existing franchise or selling
22        agreement. The determination whether good cause exists
23        to cancel, terminate, or refuse to renew or extend the
24        franchise or selling agreement, or to change or modify
25        the obligations of the dealer as a condition to offer
26        renewal, replacement, or succession shall be made by

 

 

HB3855 Engrossed- 1463 -LRB100 05985 AMC 16014 b

1        the Board under subsection (d) of Section 12 of this
2        Act.
3            (D) Notwithstanding the terms, conditions, or
4        provisions of a franchise or selling agreement, the
5        following shall not constitute good cause for
6        cancelling or terminating or failing to extend or renew
7        the franchise or selling agreement: (i) the change of
8        ownership or executive management of the franchisee's
9        dealership; or (ii) the fact that the franchisee or
10        owner of an interest in the franchise owns, has an
11        investment in, participates in the management of, or
12        holds a license for the sale of the same or any other
13        line make of new motor vehicles.
14            (E) The manufacturer may not cancel or terminate,
15        or fail to extend or renew a franchise or selling
16        agreement or change or modify the obligations of the
17        franchisee as a condition to offering a renewal,
18        replacement, or succeeding franchise or selling
19        agreement before the hearing process is concluded as
20        prescribed by this Act, and thereafter, if the Board
21        determines that the manufacturer has failed to meet its
22        burden of proof and that good cause does not exist to
23        allow the proposed action;
24        (7) notwithstanding the terms of any franchise
25    agreement, to fail to indemnify and hold harmless its
26    franchised dealers against any judgment or settlement for

 

 

HB3855 Engrossed- 1464 -LRB100 05985 AMC 16014 b

1    damages, including, but not limited to, court costs, expert
2    witness fees, reasonable attorneys' fees of the new motor
3    vehicle dealer, and other expenses incurred in the
4    litigation, so long as such fees and costs are reasonable,
5    arising out of complaints, claims or lawsuits including,
6    but not limited to, strict liability, negligence,
7    misrepresentation, warranty (express or implied), or
8    rescission recision of the sale as defined in Section 2-608
9    of the Uniform Commercial Code, to the extent that the
10    judgment or settlement relates to the alleged defective or
11    negligent manufacture, assembly or design of new motor
12    vehicles, parts or accessories or other functions by the
13    manufacturer, beyond the control of the dealer; provided
14    that, in order to provide an adequate defense, the
15    manufacturer receives notice of the filing of a complaint,
16    claim, or lawsuit within 60 days after the filing;
17        (8) to require or otherwise coerce a motor vehicle
18    dealer to underutilize the motor vehicle dealer's
19    facilities by requiring or otherwise coercing the motor
20    vehicle dealer to exclude or remove from the motor vehicle
21    dealer's facilities operations for selling or servicing of
22    any vehicles for which the motor vehicle dealer has a
23    franchise agreement with another manufacturer,
24    distributor, wholesaler, distribution branch or division,
25    or officer, agent, or other representative thereof;
26    provided, however, that, in light of all existing

 

 

HB3855 Engrossed- 1465 -LRB100 05985 AMC 16014 b

1    circumstances, (i) the motor vehicle dealer maintains a
2    reasonable line of credit for each make or line of new
3    motor vehicle, (ii) the new motor vehicle dealer remains in
4    compliance with any reasonable facilities requirements of
5    the manufacturer, (iii) no change is made in the principal
6    management of the new motor vehicle dealer, and (iv) the
7    addition of the make or line of new motor vehicles would be
8    reasonable. The reasonable facilities requirement set
9    forth in item (ii) of subsection (d)(8) shall not include
10    any requirement that a franchisee establish or maintain
11    exclusive facilities, personnel, or display space. Any
12    decision by a motor vehicle dealer to sell additional makes
13    or lines at the motor vehicle dealer's facility shall be
14    presumed to be reasonable, and the manufacturer shall have
15    the burden to overcome that presumption. A motor vehicle
16    dealer must provide a written notification of its intent to
17    add a make or line of new motor vehicles to the
18    manufacturer. If the manufacturer does not respond to the
19    motor vehicle dealer, in writing, objecting to the addition
20    of the make or line within 60 days after the date that the
21    motor vehicle dealer sends the written notification, then
22    the manufacturer shall be deemed to have approved the
23    addition of the make or line; or
24        (9) to use or consider the performance of a motor
25    vehicle dealer relating to the sale of the manufacturer's,
26    distributor's, or wholesaler's vehicles or the motor

 

 

HB3855 Engrossed- 1466 -LRB100 05985 AMC 16014 b

1    vehicle dealer's ability to satisfy any minimum sales or
2    market share quota or responsibility relating to the sale
3    of the manufacturer's, distributor's, or wholesaler's new
4    vehicles in determining:
5            (A) the motor vehicle dealer's eligibility to
6        purchase program, certified, or other used motor
7        vehicles from the manufacturer, distributor, or
8        wholesaler;
9            (B) the volume, type, or model of program,
10        certified, or other used motor vehicles that a motor
11        vehicle dealer is eligible to purchase from the
12        manufacturer, distributor, or wholesaler;
13            (C) the price of any program, certified, or other
14        used motor vehicle that the dealer is eligible to
15        purchase from the manufacturer, distributor, or
16        wholesaler; or
17            (D) the availability or amount of any discount,
18        credit, rebate, or sales incentive that the dealer is
19        eligible to receive from the manufacturer,
20        distributor, or wholesaler for the purchase of any
21        program, certified, or other used motor vehicle
22        offered for sale by the manufacturer, distributor, or
23        wholesaler.
24    (e) It shall be deemed a violation for a manufacturer, a
25distributor, a wholesaler, a distributor branch or division or
26officer, agent or other representative thereof:

 

 

HB3855 Engrossed- 1467 -LRB100 05985 AMC 16014 b

1        (1) to resort to or use any false or misleading
2    advertisement in connection with his business as such
3    manufacturer, distributor, wholesaler, distributor branch
4    or division or officer, agent or other representative
5    thereof;
6        (2) to offer to sell or lease, or to sell or lease, any
7    new motor vehicle to any motor vehicle dealer at a lower
8    actual price therefor than the actual price offered to any
9    other motor vehicle dealer for the same model vehicle
10    similarly equipped or to utilize any device including, but
11    not limited to, sales promotion plans or programs which
12    result in such lesser actual price or fail to make
13    available to any motor vehicle dealer any preferential
14    pricing, incentive, rebate, finance rate, or low interest
15    loan program offered to competing motor vehicle dealers in
16    other contiguous states. However, the provisions of this
17    paragraph shall not apply to sales to a motor vehicle
18    dealer for resale to any unit of the United States
19    Government, the State or any of its political subdivisions;
20        (3) to offer to sell or lease, or to sell or lease, any
21    new motor vehicle to any person, except a wholesaler,
22    distributor or manufacturer's employees at a lower actual
23    price therefor than the actual price offered and charged to
24    a motor vehicle dealer for the same model vehicle similarly
25    equipped or to utilize any device which results in such
26    lesser actual price. However, the provisions of this

 

 

HB3855 Engrossed- 1468 -LRB100 05985 AMC 16014 b

1    paragraph shall not apply to sales to a motor vehicle
2    dealer for resale to any unit of the United States
3    Government, the State or any of its political subdivisions;
4        (4) to prevent or attempt to prevent by contract or
5    otherwise any motor vehicle dealer or franchisee from
6    changing the executive management control of the motor
7    vehicle dealer or franchisee unless the franchiser, having
8    the burden of proof, proves that such change of executive
9    management will result in executive management control by a
10    person or persons who are not of good moral character or
11    who do not meet the franchiser's existing and, with
12    consideration given to the volume of sales and service of
13    the dealership, uniformly applied minimum business
14    experience standards in the market area. However where the
15    manufacturer rejects a proposed change in executive
16    management control, the manufacturer shall give written
17    notice of his reasons to the dealer within 60 days of
18    notice to the manufacturer by the dealer of the proposed
19    change. If the manufacturer does not send a letter to the
20    franchisee by certified mail, return receipt requested,
21    within 60 days from receipt by the manufacturer of the
22    proposed change, then the change of the executive
23    management control of the franchisee shall be deemed
24    accepted as proposed by the franchisee, and the
25    manufacturer shall give immediate effect to such change;
26        (5) to prevent or attempt to prevent by contract or

 

 

HB3855 Engrossed- 1469 -LRB100 05985 AMC 16014 b

1    otherwise any motor vehicle dealer from establishing or
2    changing the capital structure of his dealership or the
3    means by or through which he finances the operation
4    thereof; provided the dealer meets any reasonable capital
5    standards agreed to between the dealer and the
6    manufacturer, distributor or wholesaler, who may require
7    that the sources, method and manner by which the dealer
8    finances or intends to finance its operation, equipment or
9    facilities be fully disclosed;
10        (6) to refuse to give effect to or prevent or attempt
11    to prevent by contract or otherwise any motor vehicle
12    dealer or any officer, partner or stockholder of any motor
13    vehicle dealer from selling or transferring any part of the
14    interest of any of them to any other person or persons or
15    party or parties unless such sale or transfer is to a
16    transferee who would not otherwise qualify for a new motor
17    vehicle dealers license under the "The Illinois Vehicle
18    Code" or unless the franchiser, having the burden of proof,
19    proves that such sale or transfer is to a person or party
20    who is not of good moral character or does not meet the
21    franchiser's existing and reasonable capital standards
22    and, with consideration given to the volume of sales and
23    service of the dealership, uniformly applied minimum
24    business experience standards in the market area. However,
25    nothing herein shall be construed to prevent a franchiser
26    from implementing affirmative action programs providing

 

 

HB3855 Engrossed- 1470 -LRB100 05985 AMC 16014 b

1    business opportunities for minorities or from complying
2    with applicable federal, State or local law:
3            (A) If the manufacturer intends to refuse to
4        approve the sale or transfer of all or a part of the
5        interest, then it shall, within 60 days from receipt of
6        the completed application forms generally utilized by
7        a manufacturer to conduct its review and a copy of all
8        agreements regarding the proposed transfer, send a
9        letter by certified mail, return receipt requested,
10        advising the franchisee of any refusal to approve the
11        sale or transfer of all or part of the interest and
12        shall state that the dealer only has 30 days from the
13        receipt of the notice to file with the Motor Vehicle
14        Review Board a written protest against the proposed
15        action. The notice shall set forth specific criteria
16        used to evaluate the prospective transferee and the
17        grounds for refusing to approve the sale or transfer to
18        that transferee. Within 30 days from the franchisee's
19        receipt of the manufacturer's notice, the franchisee
20        may file with the Board a written protest against the
21        proposed action.
22            When a protest has been timely filed, the Board
23        shall enter an order, fixing the date (within 60 days
24        of the date of such order), time, and place of a
25        hearing on the protest, required under Sections 12 and
26        29 of this Act, and send by certified mail, return

 

 

HB3855 Engrossed- 1471 -LRB100 05985 AMC 16014 b

1        receipt requested, a copy of the order to the
2        manufacturer that filed notice of intention of the
3        proposed action and to the protesting franchisee.
4            The manufacturer shall have the burden of proof to
5        establish that good cause exists to refuse to approve
6        the sale or transfer to the transferee. The
7        determination whether good cause exists to refuse to
8        approve the sale or transfer shall be made by the Board
9        under subdivisions (6)(B). The manufacturer shall not
10        refuse to approve the sale or transfer by a dealer or
11        an officer, partner, or stockholder of a franchise or
12        any part of the interest to any person or persons
13        before the hearing process is concluded as prescribed
14        by this Act, and thereafter if the Board determines
15        that the manufacturer has failed to meet its burden of
16        proof and that good cause does not exist to refuse to
17        approve the sale or transfer to the transferee.
18            (B) Good cause to refuse to approve such sale or
19        transfer under this Section is established when such
20        sale or transfer is to a transferee who would not
21        otherwise qualify for a new motor vehicle dealers
22        license under the "The Illinois Vehicle Code" or such
23        sale or transfer is to a person or party who is not of
24        good moral character or does not meet the franchiser's
25        existing and reasonable capital standards and, with
26        consideration given to the volume of sales and service

 

 

HB3855 Engrossed- 1472 -LRB100 05985 AMC 16014 b

1        of the dealership, uniformly applied minimum business
2        experience standards in the market area.
3        (7) to obtain money, goods, services, anything of
4    value, or any other benefit from any other person with whom
5    the motor vehicle dealer does business, on account of or in
6    relation to the transactions between the dealer and the
7    other person as compensation, except for services actually
8    rendered, unless such benefit is promptly accounted for and
9    transmitted to the motor vehicle dealer;
10        (8) to grant an additional franchise in the relevant
11    market area of an existing franchise of the same line make
12    or to relocate an existing motor vehicle dealership within
13    or into a relevant market area of an existing franchise of
14    the same line make. However, if the manufacturer wishes to
15    grant such an additional franchise to an independent person
16    in a bona fide relationship in which such person is
17    prepared to make a significant investment subject to loss
18    in such a dealership, or if the manufacturer wishes to
19    relocate an existing motor vehicle dealership, then the
20    manufacturer shall send a letter by certified mail, return
21    receipt requested, to each existing dealer or dealers of
22    the same line make whose relevant market area includes the
23    proposed location of the additional or relocated franchise
24    at least 60 days before the manufacturer grants an
25    additional franchise or relocates an existing franchise of
26    the same line make within or into the relevant market area

 

 

HB3855 Engrossed- 1473 -LRB100 05985 AMC 16014 b

1    of an existing franchisee of the same line make. Each
2    notice shall set forth the specific grounds for the
3    proposed grant of an additional or relocation of an
4    existing franchise and shall state that the dealer has only
5    30 days from the date of receipt of the notice to file with
6    the Motor Vehicle Review Board a written protest against
7    the proposed action. Unless the parties agree upon the
8    grant or establishment of the additional or relocated
9    franchise within 30 days from the date the notice was
10    received by the existing franchisee of the same line make
11    or any person entitled to receive such notice, the
12    franchisee or other person may file with the Board a
13    written protest against the grant or establishment of the
14    proposed additional or relocated franchise.
15        When a protest has been timely filed, the Board shall
16    enter an order fixing a date (within 60 days of the date of
17    the order), time, and place of a hearing on the protest,
18    required under Sections 12 and 29 of this Act, and send by
19    certified or registered mail, return receipt requested, a
20    copy of the order to the manufacturer that filed the notice
21    of intention to grant or establish the proposed additional
22    or relocated franchise and to the protesting dealer or
23    dealers of the same line make whose relevant market area
24    includes the proposed location of the additional or
25    relocated franchise.
26        When more than one protest is filed against the grant

 

 

HB3855 Engrossed- 1474 -LRB100 05985 AMC 16014 b

1    or establishment of the additional or relocated franchise
2    of the same line make, the Board may consolidate the
3    hearings to expedite disposition of the matter. The
4    manufacturer shall have the burden of proof to establish
5    that good cause exists to allow the grant or establishment
6    of the additional or relocated franchise. The manufacturer
7    may not grant or establish the additional franchise or
8    relocate the existing franchise before the hearing process
9    is concluded as prescribed by this Act, and thereafter if
10    the Board determines that the manufacturer has failed to
11    meet its burden of proof and that good cause does not exist
12    to allow the grant or establishment of the additional
13    franchise or relocation of the existing franchise.
14        The determination whether good cause exists for
15    allowing the grant or establishment of an additional
16    franchise or relocated existing franchise, shall be made by
17    the Board under subsection (c) of Section 12 of this Act.
18    If the manufacturer seeks to enter into a contract,
19    agreement or other arrangement with any person,
20    establishing any additional motor vehicle dealership or
21    other facility, limited to the sale of factory repurchase
22    vehicles or late model vehicles, then the manufacturer
23    shall follow the notice procedures set forth in this
24    Section and the determination whether good cause exists for
25    allowing the proposed agreement shall be made by the Board
26    under subsection (c) of Section 12, with the manufacturer

 

 

HB3855 Engrossed- 1475 -LRB100 05985 AMC 16014 b

1    having the burden of proof.
2            A. (Blank).
3            B. For the purposes of this Section, appointment of
4        a successor motor vehicle dealer at the same location
5        as its predecessor, or within 2 miles of such location,
6        or the relocation of an existing dealer or franchise
7        within 2 miles of the relocating dealer's or
8        franchisee's existing location, shall not be construed
9        as a grant, establishment or the entering into of an
10        additional franchise or selling agreement, or a
11        relocation of an existing franchise. The reopening of a
12        motor vehicle dealership that has not been in operation
13        for 18 months or more shall be deemed the grant of an
14        additional franchise or selling agreement.
15            C. This Section does not apply to the relocation of
16        an existing dealership or franchise in a county having
17        a population of more than 300,000 persons when the new
18        location is within the dealer's current relevant
19        market area, provided the new location is more than 7
20        miles from the nearest dealer of the same line make.
21        This Section does not apply to the relocation of an
22        existing dealership or franchise in a county having a
23        population of less than 300,000 persons when the new
24        location is within the dealer's current relevant
25        market area, provided the new location is more than 12
26        miles from the nearest dealer of the same line make. A

 

 

HB3855 Engrossed- 1476 -LRB100 05985 AMC 16014 b

1        dealer that would be farther away from the new location
2        of an existing dealership or franchise of the same line
3        make after a relocation may not file a written protest
4        against the relocation with the Motor Vehicle Review
5        Board.
6            D. Nothing in this Section shall be construed to
7        prevent a franchiser from implementing affirmative
8        action programs providing business opportunities for
9        minorities or from complying with applicable federal,
10        State or local law;
11        (9) to require a motor vehicle dealer to assent to a
12    release, assignment, novation, waiver or estoppel which
13    would relieve any person from liability imposed by this
14    Act;
15        (10) to prevent or refuse to give effect to the
16    succession to the ownership or management control of a
17    dealership by any legatee under the will of a dealer or to
18    an heir under the laws of descent and distribution of this
19    State unless the franchisee has designated a successor to
20    the ownership or management control under the succession
21    provisions of the franchise. Unless the franchiser, having
22    the burden of proof, proves that the successor is a person
23    who is not of good moral character or does not meet the
24    franchiser's existing and reasonable capital standards
25    and, with consideration given to the volume of sales and
26    service of the dealership, uniformly applied minimum

 

 

HB3855 Engrossed- 1477 -LRB100 05985 AMC 16014 b

1    business experience standards in the market area, any
2    designated successor of a dealer or franchisee may succeed
3    to the ownership or management control of a dealership
4    under the existing franchise if:
5                (i) The designated successor gives the
6            franchiser written notice by certified mail,
7            return receipt requested, of his or her intention
8            to succeed to the ownership of the dealer within 60
9            days of the dealer's death or incapacity; and
10                (ii) The designated successor agrees to be
11            bound by all the terms and conditions of the
12            existing franchise.
13        Notwithstanding the foregoing, in the event the motor
14    vehicle dealer or franchisee and manufacturer have duly
15    executed an agreement concerning succession rights prior
16    to the dealer's death or incapacitation, the agreement
17    shall be observed.
18            (A) If the franchiser intends to refuse to honor
19        the successor to the ownership of a deceased or
20        incapacitated dealer or franchisee under an existing
21        franchise agreement, the franchiser shall send a
22        letter by certified mail, return receipt requested, to
23        the designated successor within 60 days from receipt of
24        a proposal advising of its intent to refuse to honor
25        the succession and to discontinue the existing
26        franchise agreement and shall state that the

 

 

HB3855 Engrossed- 1478 -LRB100 05985 AMC 16014 b

1        designated successor only has 30 days from the receipt
2        of the notice to file with the Motor Vehicle Review
3        Board a written protest against the proposed action.
4        The notice shall set forth the specific grounds for the
5        refusal to honor the succession and discontinue the
6        existing franchise agreement.
7            If notice of refusal is not timely served upon the
8        designated successor, the franchise agreement shall
9        continue in effect subject to termination only as
10        otherwise permitted by paragraph (6) of subsection (d)
11        of Section 4 of this Act.
12            Within 30 days from the date the notice was
13        received by the designated successor or any other
14        person entitled to notice, the designee or other person
15        may file with the Board a written protest against the
16        proposed action.
17            When a protest has been timely filed, the Board
18        shall enter an order, fixing a date (within 60 days of
19        the date of the order), time, and place of a hearing on
20        the protest, required under Sections 12 and 29 of this
21        Act, and send by certified mail, return receipt
22        requested, a copy of the order to the franchiser that
23        filed the notice of intention of the proposed action
24        and to the protesting designee or such other person.
25            The manufacturer shall have the burden of proof to
26        establish that good cause exists to refuse to honor the

 

 

HB3855 Engrossed- 1479 -LRB100 05985 AMC 16014 b

1        succession and discontinue the existing franchise
2        agreement. The determination whether good cause exists
3        to refuse to honor the succession shall be made by the
4        Board under subdivision (B) of this paragraph (10). The
5        manufacturer shall not refuse to honor the succession
6        or discontinue the existing franchise agreement before
7        the hearing process is concluded as prescribed by this
8        Act, and thereafter if the Board determines that it has
9        failed to meet its burden of proof and that good cause
10        does not exist to refuse to honor the succession and
11        discontinue the existing franchise agreement.
12            (B) No manufacturer shall impose any conditions
13        upon honoring the succession and continuing the
14        existing franchise agreement with the designated
15        successor other than that the franchisee has
16        designated a successor to the ownership or management
17        control under the succession provisions of the
18        franchise, or that the designated successor is of good
19        moral character or meets the reasonable capital
20        standards and, with consideration given to the volume
21        of sales and service of the dealership, uniformly
22        applied minimum business experience standards in the
23        market area;
24        (11) to prevent or refuse to approve a proposal to
25    establish a successor franchise at a location previously
26    approved by the franchiser when submitted with the

 

 

HB3855 Engrossed- 1480 -LRB100 05985 AMC 16014 b

1    voluntary termination by the existing franchisee unless
2    the successor franchisee would not otherwise qualify for a
3    new motor vehicle dealer's license under the Illinois
4    Vehicle Code or unless the franchiser, having the burden of
5    proof, proves that such proposed successor is not of good
6    moral character or does not meet the franchiser's existing
7    and reasonable capital standards and, with consideration
8    given to the volume of sales and service of the dealership,
9    uniformly applied minimum business experience standards in
10    the market area. However, when such a rejection of a
11    proposal is made, the manufacturer shall give written
12    notice of its reasons to the franchisee within 60 days of
13    receipt by the manufacturer of the proposal. However,
14    nothing herein shall be construed to prevent a franchiser
15    from implementing affirmative action programs providing
16    business opportunities for minorities, or from complying
17    with applicable federal, State or local law;
18        (12) to prevent or refuse to grant a franchise to a
19    person because such person owns, has investment in or
20    participates in the management of or holds a franchise for
21    the sale of another make or line of motor vehicles within 7
22    miles of the proposed franchise location in a county having
23    a population of more than 300,000 persons, or within 12
24    miles of the proposed franchise location in a county having
25    a population of less than 300,000 persons; or
26        (13) to prevent or attempt to prevent any new motor

 

 

HB3855 Engrossed- 1481 -LRB100 05985 AMC 16014 b

1    vehicle dealer from establishing any additional motor
2    vehicle dealership or other facility limited to the sale of
3    factory repurchase vehicles or late model vehicles or
4    otherwise offering for sale factory repurchase vehicles of
5    the same line make at an existing franchise by failing to
6    make available any contract, agreement or other
7    arrangement which is made available or otherwise offered to
8    any person.
9    (f) It is deemed a violation for a manufacturer, a
10distributor, a wholesaler, a distributor branch or division, a
11factory branch or division, or a wholesale branch or division,
12or officer, agent, broker, shareholder, except a shareholder of
131% or less of the outstanding shares of any class of securities
14of a manufacturer, distributor, or wholesaler which is a
15publicly traded corporation, or other representative, directly
16or indirectly, to own or operate a place of business as a motor
17vehicle franchisee or motor vehicle financing affiliate,
18except that, this subsection shall not prohibit:
19        (1) the ownership or operation of a place of business
20    by a manufacturer, distributor, or wholesaler for a period,
21    not to exceed 18 months, during the transition from one
22    motor vehicle franchisee to another;
23        (2) the investment in a motor vehicle franchisee by a
24    manufacturer, distributor, or wholesaler if the investment
25    is for the sole purpose of enabling a partner or
26    shareholder in that motor vehicle franchisee to acquire an

 

 

HB3855 Engrossed- 1482 -LRB100 05985 AMC 16014 b

1    interest in that motor vehicle franchisee and that partner
2    or shareholder is not otherwise employed by or associated
3    with the manufacturer, distributor, or wholesaler and
4    would not otherwise have the requisite capital investment
5    funds to invest in the motor vehicle franchisee, and has
6    the right to purchase the entire equity interest of the
7    manufacturer, distributor, or wholesaler in the motor
8    vehicle franchisee within a reasonable period of time not
9    to exceed 5 years; or
10        (3) the ownership or operation of a place of business
11    by a manufacturer that manufactures only diesel engines for
12    installation in trucks having a gross vehicle weight rating
13    of more than 16,000 pounds that are required to be
14    registered under the Illinois Vehicle Code, provided that:
15            (A) the manufacturer does not otherwise
16        manufacture, distribute, or sell motor vehicles as
17        defined under Section 1-217 of the Illinois Vehicle
18        Code;
19            (B) the manufacturer owned a place of business and
20        it was in operation as of January 1, 2016;
21            (C) the manufacturer complies with all obligations
22        owed to dealers that are not owned, operated, or
23        controlled by the manufacturer, including, but not
24        limited to those obligations arising pursuant to
25        Section 6;
26            (D) to further avoid any acts or practices, the

 

 

HB3855 Engrossed- 1483 -LRB100 05985 AMC 16014 b

1        effect of which may be to lessen or eliminate
2        competition, the manufacturer provides to dealers on
3        substantially equal terms access to all support for
4        completing repairs, including, but not limited to,
5        parts and assemblies, training, and technical service
6        bulletins, and other information concerning repairs
7        that the manufacturer provides to facilities that are
8        owned, operated, or controlled by the manufacturer;
9        and
10            (E) the manufacturer does not require that
11        warranty repair work be performed by a
12        manufacturer-owned repair facility and the
13        manufacturer provides any dealer that has an agreement
14        with the manufacturer to sell and perform warranty
15        repairs on the manufacturer's engines the opportunity
16        to perform warranty repairs on those engines,
17        regardless of whether the dealer sold the truck into
18        which the engine was installed.
19    (g) Notwithstanding the terms, provisions, or conditions
20of any agreement or waiver, it shall be deemed a violation for
21a manufacturer, a distributor, a wholesaler, a distributor
22branch or division, a factory branch or division, or a
23wholesale branch or division, or officer, agent or other
24representative thereof, to directly or indirectly condition
25the awarding of a franchise to a prospective new motor vehicle
26dealer, the addition of a line make or franchise to an existing

 

 

HB3855 Engrossed- 1484 -LRB100 05985 AMC 16014 b

1dealer, the renewal of a franchise of an existing dealer, the
2approval of the relocation of an existing dealer's facility, or
3the approval of the sale or transfer of the ownership of a
4franchise on the willingness of a dealer, proposed new dealer,
5or owner of an interest in the dealership facility to enter
6into a site control agreement or exclusive use agreement unless
7separate and reasonable consideration was offered and accepted
8for that agreement.
9    For purposes of this subsection (g), the terms "site
10control agreement" and "exclusive use agreement" include any
11agreement that has the effect of either (i) requiring that the
12dealer establish or maintain exclusive dealership facilities;
13or (ii) restricting the ability of the dealer, or the ability
14of the dealer's lessor in the event the dealership facility is
15being leased, to transfer, sell, lease, or change the use of
16the dealership premises, whether by sublease, lease,
17collateral pledge of lease, or other similar agreement. "Site
18control agreement" and "exclusive use agreement" also include a
19manufacturer restricting the ability of a dealer to transfer,
20sell, or lease the dealership premises by right of first
21refusal to purchase or lease, option to purchase, or option to
22lease if the transfer, sale, or lease of the dealership
23premises is to a person who is an immediate family member of
24the dealer. For the purposes of this subsection (g), "immediate
25family member" means a spouse, parent, son, daughter,
26son-in-law, daughter-in-law, brother, and sister.

 

 

HB3855 Engrossed- 1485 -LRB100 05985 AMC 16014 b

1    If a manufacturer exercises any right of first refusal to
2purchase or lease or option to purchase or lease with regard to
3a transfer, sale, or lease of the dealership premises to a
4person who is not an immediate family member of the dealer,
5then (1) within 60 days from the receipt of the completed
6application forms generally utilized by a manufacturer to
7conduct its review and a copy of all agreements regarding the
8proposed transfer, the manufacturer must notify the dealer of
9its intent to exercise the right of first refusal to purchase
10or lease or option to purchase or lease and (2) the exercise of
11the right of first refusal to purchase or lease or option to
12purchase or lease must result in the dealer receiving
13consideration, terms, and conditions that either are the same
14as or greater than that which they have contracted to receive
15in connection with the proposed transfer, sale, or lease of the
16dealership premises.
17    Any provision contained in any agreement entered into on or
18after November 25, 2009 (the effective date of Public Act
1996-824) this amendatory Act of the 96th General Assembly that
20is inconsistent with the provisions of this subsection (g)
21shall be voidable at the election of the affected dealer,
22prospective dealer, or owner of an interest in the dealership
23facility.
24    (h) For purposes of this subsection:
25    "Successor manufacturer" means any motor vehicle
26manufacturer that, on or after January 1, 2009, acquires,

 

 

HB3855 Engrossed- 1486 -LRB100 05985 AMC 16014 b

1succeeds to, or assumes any part of the business of another
2manufacturer, referred to as the "predecessor manufacturer",
3as the result of any of the following:
4        (i) A change in ownership, operation, or control of the
5    predecessor manufacturer by sale or transfer of assets,
6    corporate stock or other equity interest, assignment,
7    merger, consolidation, combination, joint venture,
8    redemption, court-approved sale, operation of law or
9    otherwise.
10        (ii) The termination, suspension, or cessation of a
11    part or all of the business operations of the predecessor
12    manufacturer.
13        (iii) The discontinuance of the sale of the product
14    line.
15        (iv) A change in distribution system by the predecessor
16    manufacturer, whether through a change in distributor or
17    the predecessor manufacturer's decision to cease
18    conducting business through a distributor altogether.
19    "Former Franchisee" means a new motor vehicle dealer that
20has entered into a franchise with a predecessor manufacturer
21and that has either:
22        (i) entered into a termination agreement or deferred
23    termination agreement with a predecessor or successor
24    manufacturer related to such franchise; or
25        (ii) has had such franchise canceled, terminated,
26    nonrenewed, noncontinued, rejected, nonassumed, or

 

 

HB3855 Engrossed- 1487 -LRB100 05985 AMC 16014 b

1    otherwise ended.
2    For a period of 3 years from: (i) the date that a successor
3manufacturer acquires, succeeds to, or assumes any part of the
4business of a predecessor manufacturer; (ii) the last day that
5a former franchisee is authorized to remain in business as a
6franchised dealer with respect to a particular franchise under
7a termination agreement or deferred termination agreement with
8a predecessor or successor manufacturer; (iii) the last day
9that a former franchisee that was cancelled, terminated,
10nonrenewed, noncontinued, rejected, nonassumed, or otherwise
11ended by a predecessor or successor manufacturer is authorized
12to remain in business as a franchised dealer with respect to a
13particular franchise; or (iv) November 25, 2009 (the effective
14date of Public Act 96-824) this amendatory Act of the 96th
15General Assembly, whichever is latest, it shall be unlawful for
16such successor manufacturer to enter into a same line make
17franchise with any person or to permit the relocation of any
18existing same line make franchise, for a line make of the
19predecessor manufacturer that would be located or relocated
20within the relevant market area of a former franchisee who
21owned or leased a dealership facility in that relevant market
22area without first offering the additional or relocated
23franchise to the former franchisee, or the designated successor
24of such former franchisee in the event the former franchisee is
25deceased or a person with a disability, at no cost and without
26any requirements or restrictions other than those imposed

 

 

HB3855 Engrossed- 1488 -LRB100 05985 AMC 16014 b

1generally on the manufacturer's other franchisees at that time,
2unless one of the following applies:
3        (1) As a result of the former franchisee's
4    cancellation, termination, noncontinuance, or nonrenewal
5    of the franchise, the predecessor manufacturer had
6    consolidated the line make with another of its line makes
7    for which the predecessor manufacturer had a franchisee
8    with a then-existing dealership facility located within
9    that relevant market area.
10        (2) The successor manufacturer has paid the former
11    franchisee, or the designated successor of such former
12    franchisee in the event the former franchisee is deceased
13    or a person with a disability, the fair market value of the
14    former franchisee's franchise on (i) the date the
15    franchisor announces the action which results in the
16    termination, cancellation, or nonrenewal; or (ii) the date
17    the action which results in termination, cancellation, or
18    nonrenewal first became general knowledge; or (iii) the day
19    12 months prior to the date on which the notice of
20    termination, cancellation, or nonrenewal is issued,
21    whichever amount is higher. Payment is due within 90 days
22    of the effective date of the termination, cancellation, or
23    nonrenewal. If the termination, cancellation, or
24    nonrenewal is due to a manufacturer's change in
25    distributors, the manufacturer may avoid paying fair
26    market value to the dealer if the new distributor or the

 

 

HB3855 Engrossed- 1489 -LRB100 05985 AMC 16014 b

1    manufacturer offers the dealer a franchise agreement with
2    terms acceptable to the dealer.
3        (3) The successor manufacturer proves that it would
4    have had good cause to terminate the franchise agreement of
5    the former franchisee, or the successor of the former
6    franchisee under item (e)(10) in the event that the former
7    franchisee is deceased or a person with a disability. The
8    determination of whether the successor manufacturer would
9    have had good cause to terminate the franchise agreement of
10    the former franchisee, or the successor of the former
11    franchisee, shall be made by the Board under subsection (d)
12    of Section 12. A successor manufacturer that seeks to
13    assert that it would have had good cause to terminate a
14    former franchisee, or the successor of the former
15    franchisee, must file a petition seeking a hearing on this
16    issue before the Board and shall have the burden of proving
17    that it would have had good cause to terminate the former
18    franchisee or the successor of the former franchisee. No
19    successor dealer, other than the former franchisee, may be
20    appointed or franchised by the successor manufacturer
21    within the relevant market area of the former franchisee
22    until the Board has held a hearing and rendered a
23    determination on the issue of whether the successor
24    manufacturer would have had good cause to terminate the
25    former franchisee.
26    In the event that a successor manufacturer attempts to

 

 

HB3855 Engrossed- 1490 -LRB100 05985 AMC 16014 b

1enter into a same line make franchise with any person or to
2permit the relocation of any existing line make franchise under
3this subsection (h) at a location that is within the relevant
4market area of 2 or more former franchisees, then the successor
5manufacturer may not offer it to any person other than one of
6those former franchisees unless the successor manufacturer can
7prove that at least one of the 3 exceptions in items (1), (2),
8and (3) of this subsection (h) applies to each of those former
9franchisees.
10(Source: P.A. 99-143, eff. 7-27-15; 99-844, eff. 8-19-16;
11revised 10-27-16.)
 
12    Section 820. The Earned Income Tax Credit Information Act
13is amended by changing Section 5 as follows:
 
14    (820 ILCS 170/5)  (from Ch. 48, par. 2755)
15    Sec. 5. Declaration of public policy. In order to alleviate
16the tax burden of low-income persons in Illinois who have
17earned income and support one or more dependent children, the
18State should facilitate the furnishing of information to such
19persons about the availability of the federal earned income tax
20credit so that eligible taxpayers may claim that credit on
21their federal income tax returns. It is the intent of this Act
22to offer the most cost-effective assistance to eligible
23taxpayers through notices provided by their employers and by
24State government.

 

 

HB3855 Engrossed- 1491 -LRB100 05985 AMC 16014 b

1(Source: P.A. 87-598; revised 9-15-16.)
 
2    Section 995. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.
 
9    Section 996. No revival or extension. This Act does not
10revive or extend any Section or Act otherwise repealed.
 
11    Section 999. Effective date. This Act takes effect upon
12becoming law.

 

 

HB3855 Engrossed- 1492 -LRB100 05985 AMC 16014 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 70/8from Ch. 1, par. 1107
4    5 ILCS 80/4.37
5    5 ILCS 80/4.27 rep.
6    5 ILCS 120/2from Ch. 102, par. 42
7    5 ILCS 140/7from Ch. 116, par. 207
8    5 ILCS 140/7.5
9    5 ILCS 160/2from Ch. 116, par. 43.5
10    5 ILCS 312/2-106from Ch. 102, par. 202-106
11    5 ILCS 315/27from Ch. 48, par. 1627
12    5 ILCS 315/28
13    5 ILCS 360/1from Ch. 127, par. 63b120.1
14    5 ILCS 370/1from Ch. 127, par. 391
15    5 ILCS 420/3-202from Ch. 127, par. 603-202
16    5 ILCS 465/10
17    10 ILCS 5/3-6
18    10 ILCS 5/4-8.5
19    10 ILCS 5/5-8.5
20    10 ILCS 5/6-35.5
21    10 ILCS 5/7-8from Ch. 46, par. 7-8
22    10 ILCS 5/18A-5
23    10 ILCS 5/20-5from Ch. 46, par. 20-5
24    10 ILCS 5/20-13from Ch. 46, par. 20-13
25    10 ILCS 5/24A-15.1from Ch. 46, par. 24A-15.1

 

 

HB3855 Engrossed- 1493 -LRB100 05985 AMC 16014 b

1    15 ILCS 20/50-15was 15 ILCS 20/38.2
2    15 ILCS 305/6from Ch. 124, par. 6
3    15 ILCS 335/1A
4    15 ILCS 335/5from Ch. 124, par. 25
5    15 ILCS 335/12from Ch. 124, par. 32
6    15 ILCS 405/22from Ch. 15, par. 222
7    20 ILCS 205/205-15was 20 ILCS 205/40.7 and 205/40.8
8    20 ILCS 301/5-23
9    20 ILCS 301/10-15
10    20 ILCS 415/10from Ch. 127, par. 63b110
11    20 ILCS 605/Art. 605
12    heading
13    20 ILCS 700/1004from Ch. 127, par. 3701-4
14    20 ILCS 1605/10.8
15    20 ILCS 1605/21.6
16    20 ILCS 1805/28from Ch. 129, par. 220.28
17    20 ILCS 1815/53from Ch. 129, par. 281
18    20 ILCS 1815/54from Ch. 129, par. 282
19    20 ILCS 2310/2310-367
20    20 ILCS 2310/2310-371.5was 20 ILCS 2310/371
21    20 ILCS 2610/7from Ch. 121, par. 307.7
22    20 ILCS 2610/38
23    20 ILCS 2610/40
24    20 ILCS 2630/5.2
25    20 ILCS 2635/3from Ch. 38, par. 1603
26    20 ILCS 2805/20

 

 

HB3855 Engrossed- 1494 -LRB100 05985 AMC 16014 b

1    20 ILCS 3501/825-65
2    20 ILCS 3501/Art. 835
3    heading
4    20 ILCS 3905/1005from Ch. 105, par. 905
5    20 ILCS 3960/8.5
6    20 ILCS 3983/5
7    20 ILCS 5080/5
8    25 ILCS 60/2from Ch. 63, par. 42.62
9    25 ILCS 82/10
10    30 ILCS 105/5.595
11    30 ILCS 105/5.595a
12    30 ILCS 105/5.874
13    30 ILCS 105/5.875
14    30 ILCS 105/5.876
15    30 ILCS 105/6z-9from Ch. 127, par. 142z-9
16    30 ILCS 105/8g
17    30 ILCS 150/5from Ch. 105, par. 735
18    30 ILCS 500/40-30
19    30 ILCS 500/45-67
20    30 ILCS 708/75
21    30 ILCS 805/7from Ch. 85, par. 2207
22    30 ILCS 805/8.40
23    35 ILCS 5/304from Ch. 120, par. 3-304
24    35 ILCS 5/507GG
25    35 ILCS 5/709.5
26    35 ILCS 143/10-50

 

 

HB3855 Engrossed- 1495 -LRB100 05985 AMC 16014 b

1    35 ILCS 200/11-25
2    35 ILCS 200/12-35
3    35 ILCS 200/15-176
4    35 ILCS 200/21-380
5    35 ILCS 200/31-45
6    35 ILCS 720/1from Ch. 120, par. 1901
7    40 ILCS 5/1-113from Ch. 108 1/2, par. 1-113
8    40 ILCS 5/1-113.4
9    40 ILCS 5/1-160
10    40 ILCS 5/4-106.1from Ch. 108 1/2, par. 4-106.1
11    40 ILCS 5/4-121from Ch. 108 1/2, par. 4-121
12    40 ILCS 5/8-107.2from Ch. 108 1/2, par. 8-107.2
13    40 ILCS 5/8-114from Ch. 108 1/2, par. 8-114
14    40 ILCS 5/9-121.6from Ch. 108 1/2, par. 9-121.6
15    40 ILCS 5/11-116from Ch. 108 1/2, par. 11-116
16    40 ILCS 5/11-125.5from Ch. 108 1/2, par. 11-125.5
17    40 ILCS 5/18-125from Ch. 108 1/2, par. 18-125
18    40 ILCS 5/22A-111from Ch. 108 1/2, par. 22A-111
19    50 ILCS 20/20.5
20    50 ILCS 105/3from Ch. 102, par. 3
21    50 ILCS 150/10
22    50 ILCS 150/15
23    50 ILCS 205/6from Ch. 116, par. 43.106
24    50 ILCS 705/10.19
25    50 ILCS 705/10.20
26    50 ILCS 705/10.21

 

 

HB3855 Engrossed- 1496 -LRB100 05985 AMC 16014 b

1    50 ILCS 741/25
2    55 ILCS 5/3-6012.1
3    55 ILCS 5/4-2002.1from Ch. 34, par. 4-2002.1
4    55 ILCS 5/4-11001.5
5    55 ILCS 5/5-25013from Ch. 34, par. 5-25013
6    55 ILCS 5/5-43035
7    65 ILCS 5/3.1-50-15from Ch. 24, par. 3.1-50-15
8    65 ILCS 5/8-11-1.8
9    65 ILCS 5/8-11-2from Ch. 24, par. 8-11-2
10    65 ILCS 5/11-6-10
11    65 ILCS 5/11-74.4-3from Ch. 24, par. 11-74.4-3
12    65 ILCS 5/11-74.4-3.5
13    65 ILCS 5/11-74.4-6from Ch. 24, par. 11-74.4-6
14    65 ILCS 5/11-74.4-8afrom Ch. 24, par. 11-74.4-8a
15    65 ILCS 5/11-102-2from Ch. 24, par. 11-102-2
16    70 ILCS 705/11m
17    70 ILCS 1205/9-2cfrom Ch. 105, par. 9-2c
18    70 ILCS 1505/26.10-8
19    70 ILCS 2205/14.4from Ch. 42, par. 260.4
20    70 ILCS 2205/24from Ch. 42, par. 270
21    70 ILCS 2305/8from Ch. 42, par. 284
22    70 ILCS 2805/32a.5from Ch. 42, par. 443a.5
23    70 ILCS 2805/33from Ch. 42, par. 444
24    70 ILCS 2805/37.1
25    70 ILCS 2805/44from Ch. 42, par. 447.8
26    70 ILCS 2805/45from Ch. 42, par. 447.9

 

 

HB3855 Engrossed- 1497 -LRB100 05985 AMC 16014 b

1    70 ILCS 3405/21from Ch. 42, par. 468
2    70 ILCS 3605/12afrom Ch. 111 2/3, par. 312a
3    70 ILCS 3620/3from Ch. 111 2/3, par. 803
4    105 ILCS 5/2-3.161
5    105 ILCS 5/2-3.167
6    105 ILCS 5/2-3.168
7    105 ILCS 5/2-3.169
8    105 ILCS 5/10-20.58
9    105 ILCS 5/10-20.59
10    105 ILCS 5/10-22.29afrom Ch. 122, par. 10-22.29a
11    105 ILCS 5/14-6.01from Ch. 122, par. 14-6.01
12    105 ILCS 5/21B-70
13    105 ILCS 5/22-30
14    105 ILCS 5/27A-9
15    105 ILCS 5/30-14.2from Ch. 122, par. 30-14.2
16    105 ILCS 5/34-18.49
17    105 ILCS 5/34-18.50
18    105 ILCS 5/34-18.51
19    105 ILCS 5/34-18.52
20    105 ILCS 5/34-54.2from Ch. 122, par. 34-54.2
21    105 ILCS 5/34A-404from Ch. 122, par. 34A-404
22    105 ILCS 45/1-10
23    105 ILCS 80/5
24    110 ILCS 151/5
25    110 ILCS 415/1from Ch. 144, par. 68
26    110 ILCS 947/90

 

 

HB3855 Engrossed- 1498 -LRB100 05985 AMC 16014 b

1    110 ILCS 947/135
2    205 ILCS 205/4013from Ch. 17, par. 7304-13
3    205 ILCS 205/5001from Ch. 17, par. 7305-1
4    205 ILCS 205/9002.5
5    205 ILCS 305/12from Ch. 17, par. 4413
6    205 ILCS 305/34.1
7    205 ILCS 305/46from Ch. 17, par. 4447
8    205 ILCS 305/57.1
9    205 ILCS 657/90
10    205 ILCS 665/2from Ch. 17, par. 5302
11    210 ILCS 25/7-109from Ch. 111 1/2, par. 627-109
12    210 ILCS 45/3-303.1from Ch. 111 1/2, par. 4153-303.1
13    210 ILCS 45/3-306from Ch. 111 1/2, par. 4153-306
14    210 ILCS 46/3-318
15    210 ILCS 49/1-102
16    210 ILCS 49/4-201
17    210 ILCS 50/3.40
18    210 ILCS 50/3.220
19    210 ILCS 55/10.01from Ch. 111 1/2, par. 2810.01
20    210 ILCS 85/10from Ch. 111 1/2, par. 151
21    210 ILCS 85/10.8
22    215 ILCS 5/35A-15
23    215 ILCS 5/35A-60
24    215 ILCS 5/126.12
25    215 ILCS 5/126.25
26    215 ILCS 5/143.19from Ch. 73, par. 755.19

 

 

HB3855 Engrossed- 1499 -LRB100 05985 AMC 16014 b

1    215 ILCS 5/355afrom Ch. 73, par. 967a
2    215 ILCS 5/1303from Ch. 73, par. 1065.1003
3    215 ILCS 100/10from Ch. 73, par. 1610
4    215 ILCS 105/4from Ch. 73, par. 1304
5    215 ILCS 105/5from Ch. 73, par. 1305
6    215 ILCS 105/15
7    215 ILCS 120/12from Ch. 73, par. 1262
8    215 ILCS 125/4-10from Ch. 111 1/2, par. 1409.3
9    215 ILCS 130/4003from Ch. 73, par. 1504-3
10    215 ILCS 130/4006from Ch. 73, par. 1504-6
11    215 ILCS 159/15
12    220 ILCS 5/13-703from Ch. 111 2/3, par. 13-703
13    225 ILCS 10/2.09from Ch. 23, par. 2212.09
14    225 ILCS 10/7from Ch. 23, par. 2217
15    225 ILCS 10/14.6
16    225 ILCS 20/3from Ch. 111, par. 6353
17    225 ILCS 25/8.1from Ch. 111, par. 2308.1
18    225 ILCS 25/44from Ch. 111, par. 2344
19    225 ILCS 37/10
20    225 ILCS 41/15-75
21    225 ILCS 50/18from Ch. 111, par. 7418
22    225 ILCS 90/1from Ch. 111, par. 4251
23    225 ILCS 107/30from Ch. 111, par. 8451-30
24    225 ILCS 107/80
25    225 ILCS 109/35
26    225 ILCS 115/19.2

 

 

HB3855 Engrossed- 1500 -LRB100 05985 AMC 16014 b

1    225 ILCS 135/10
2    225 ILCS 135/95
3    225 ILCS 225/5from Ch. 111 1/2, par. 116.305
4    225 ILCS 235/3.14from Ch. 111 1/2, par. 2203.14
5    225 ILCS 310/21from Ch. 111, par. 8221
6    225 ILCS 320/3from Ch. 111, par. 1103
7    225 ILCS 427/10
8    225 ILCS 430/7.1from Ch. 111, par. 2408
9    225 ILCS 458/5-15
10    225 ILCS 460/4from Ch. 23, par. 5104
11    225 ILCS 705/25.05from Ch. 96 1/2, par. 2505
12    225 ILCS 715/8from Ch. 96 1/2, par. 4509
13    230 ILCS 5/26from Ch. 8, par. 37-26
14    230 ILCS 5/26.2from Ch. 8, par. 37-26.2
15    230 ILCS 5/32.1
16    230 ILCS 5/40from Ch. 8, par. 37-40
17    230 ILCS 15/2from Ch. 85, par. 2302
18    235 ILCS 5/3-12
19    235 ILCS 5/5-1from Ch. 43, par. 115
20    235 ILCS 5/5-3from Ch. 43, par. 118
21    235 ILCS 5/6-4from Ch. 43, par. 121
22    235 ILCS 5/6-11
23    235 ILCS 5/6-15from Ch. 43, par. 130
24    235 ILCS 5/6-28.5
25    305 ILCS 5/4-1.7from Ch. 23, par. 4-1.7
26    305 ILCS 5/5-5from Ch. 23, par. 5-5

 

 

HB3855 Engrossed- 1501 -LRB100 05985 AMC 16014 b

1    305 ILCS 5/5-30.1
2    305 ILCS 5/5-30.3
3    305 ILCS 5/5-30.4
4    305 ILCS 5/5-30.5
5    305 ILCS 5/10-15.1
6    305 ILCS 5/10-17.3from Ch. 23, par. 10-17.3
7    305 ILCS 5/10-17.14
8    305 ILCS 5/10-24.50
9    305 ILCS 5/11-9from Ch. 23, par. 11-9
10    305 ILCS 5/12-4.42
11    305 ILCS 5/16-2
12    305 ILCS 5/16-5
13    320 ILCS 25/8afrom Ch. 67 1/2, par. 408.1
14    330 ILCS 65/1from Ch. 126 1/2, par. 58
15    330 ILCS 65/2.1from Ch. 126 1/2, par. 59.1
16    330 ILCS 65/3from Ch. 126 1/2, par. 60
17    410 ILCS 15/2from Ch. 96 1/2, par. 3952
18    410 ILCS 70/6.6
19    410 ILCS 130/45
20    410 ILCS 615/15from Ch. 56 1/2, par. 55-15
21    415 ILCS 5/22.28from Ch. 111 1/2, par. 1022.28
22    415 ILCS 5/40from Ch. 111 1/2, par. 1040
23    415 ILCS 50/2from Ch. 111 1/2, par. 582
24    415 ILCS 60/4from Ch. 5, par. 804
25    415 ILCS 60/9from Ch. 5, par. 809
26    415 ILCS 98/25

 

 

HB3855 Engrossed- 1502 -LRB100 05985 AMC 16014 b

1    430 ILCS 65/9from Ch. 38, par. 83-9
2    510 ILCS 77/30
3    520 ILCS 5/2.33afrom Ch. 61, par. 2.33a
4    625 ILCS 5/1-132from Ch. 95 1/2, par. 1-132
5    625 ILCS 5/2-115from Ch. 95 1/2, par. 2-115
6    625 ILCS 5/3-114.1
7    625 ILCS 5/3-414from Ch. 95 1/2, par. 3-414
8    625 ILCS 5/3-506
9    625 ILCS 5/3-699.14
10    625 ILCS 5/3-704.1
11    625 ILCS 5/3-809from Ch. 95 1/2, par. 3-809
12    625 ILCS 5/6-106from Ch. 95 1/2, par. 6-106
13    625 ILCS 5/7-311from Ch. 95 1/2, par. 7-311
14    625 ILCS 5/11-905from Ch. 95 1/2, par. 11-905
15    625 ILCS 5/11-907from Ch. 95 1/2, par. 11-907
16    625 ILCS 5/11-908from Ch. 95 1/2, par. 11-908
17    625 ILCS 5/11-1431
18    625 ILCS 5/15-107from Ch. 95 1/2, par. 15-107
19    625 ILCS 5/18c-7402from Ch. 95 1/2, par. 18c-7402
20    625 ILCS 40/1-2from Ch. 95 1/2, par. 601-2
21    625 ILCS 40/2-1from Ch. 95 1/2, par. 602-1
22    625 ILCS 40/5-7
23    625 ILCS 40/5-7.4
24    705 ILCS 405/4-9from Ch. 37, par. 804-9
25    705 ILCS 405/5-710
26    705 ILCS 405/5-745

 

 

HB3855 Engrossed- 1503 -LRB100 05985 AMC 16014 b

1    705 ILCS 405/5-7A-115
2    705 ILCS 405/5-915
3    720 ILCS 5/17-2from Ch. 38, par. 17-2
4    720 ILCS 5/24-1.6
5    720 ILCS 5/24-2
6    720 ILCS 5/32-14
7    720 ILCS 570/204from Ch. 56 1/2, par. 1204
8    720 ILCS 675/1.5
9    720 ILCS 675/2from Ch. 23, par. 2358
10    725 ILCS 5/115-9.2
11    725 ILCS 5/115-10from Ch. 38, par. 115-10
12    725 ILCS 203/15
13    725 ILCS 203/20
14    730 ILCS 5/3-3-7from Ch. 38, par. 1003-3-7
15    730 ILCS 5/5-6-3.1from Ch. 38, par. 1005-6-3.1
16    730 ILCS 5/5-8-1.2
17    730 ILCS 5/5-8-8
18    730 ILCS 5/5-8A-3from Ch. 38, par. 1005-8A-3
19    730 ILCS 5/5-8A-5from Ch. 38, par. 1005-8A-5
20    730 ILCS 5/5-8A-7
21    735 ILCS 5/13-214from Ch. 110, par. 13-214
22    745 ILCS 60/2from Ch. 30, par. 252
23    750 ILCS 5/510from Ch. 40, par. 510
24    750 ILCS 46/103
25    750 ILCS 60/202from Ch. 40, par. 2312-2
26    755 ILCS 5/11a-10from Ch. 110 1/2, par. 11a-10

 

 

HB3855 Engrossed- 1504 -LRB100 05985 AMC 16014 b

1    765 ILCS 33/5
2    765 ILCS 160/1-90
3    765 ILCS 605/27from Ch. 30, par. 327
4    765 ILCS 615/50
5    765 ILCS 1025/8.1from Ch. 141, par. 108.1
6    775 ILCS 5/4-104from Ch. 68, par. 4-104
7    805 ILCS 10/3.1from Ch. 32, par. 415-3.1
8    805 ILCS 15/18from Ch. 32, par. 648
9    810 ILCS 5/2-323from Ch. 26, par. 2-323
10    815 ILCS 5/16from Ch. 121 1/2, par. 137.16
11    815 ILCS 122/2-5
12    815 ILCS 137/10
13    815 ILCS 175/15-80
14    815 ILCS 307/10-80
15    815 ILCS 530/10
16    815 ILCS 602/5-15
17    815 ILCS 603/10
18    815 ILCS 710/4from Ch. 121 1/2, par. 754
19    820 ILCS 170/5from Ch. 48, par. 2755